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Publication Date: 2020-09-23
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Kyle G.A. Wallace, Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendants.
Case Number: D69132
The Delaware Supreme Court held the lower court erred in holding that an insurer had the burden of proof with respect to the reasonableness of reductions in the amounts charged by a medical provider.
Publication Date: 2020-08-05
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE; Harold M. Walter, Baltimore, MD for appellants.
for defendant: David L. Finger, Finger and Slanina, LLC, Wilmington, DE for appellee.
Case Number: D69054
Court did not err in dismissing case for lack of personal jurisdiction where it found parties' contracts were not binding agreements as objective evidence demonstrated that the parties had not unambiguously manifested their intent to be bound to the agreements.
Publication Date: 2020-07-29
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Carl D. Neff and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE for plaintiff.
for defendant: John J. Tumilty, Barnes-Brown & Pendleton, P.C., Waltham, MA; Raymond J. DiCamillo and John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: D69067
The chancery court erred by reading a "necessary and essential" requirement into a partnership books and records request.
Publication Date: 2020-07-22
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE; Harold M. Walter, Baltimore, MD for appellants.
for defendant: David L. Finger, Finger and Slanina, LLC, Wilmington, DE for appellee.
Case Number: D69054
Court did not err in dismissing case for lack of personal jurisdiction where it found parties' contracts were not binding agreements as objective evidence demonstrated that the parties had not unambiguously manifested their intent to be bound to the agreements.
Publication Date: 2020-04-08
Practice Area: Products Liability
Industry: Chemicals and Materials
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Adam Balick and Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for plaintiffs.
for defendant: Loreto P. Rufo, Rufo Associates, PA, Hockessin, DE; John V. Work, Law Office of John V. Work, Wilmington, DE; Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE; Paul A. Bradley and Stephanie A. Fox, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; Brian D. Tome, Reilly McDevitt & Henrich, Wilmington, DE; John C. Phillips and David A. Bilson, Phillips Goldman McLaughlin & Hall, P.A., Wilmington, DE; Christian J. Singewald and Rochelle Gumapac, White and Williams LLP, Wilmington, DE; Kelly A. Costello, Morgan, Lewis & Bockius LLP, Wilmington, DE; Timothy A. Sullivan III, Wilbraham, Lawler & Buba PC, Wilmington, DE for defendants.
Case Number: D68936
Motion to extend trial date denied where plaintiffs failed to meet good cause standard after failing to develop factual record required by Texas asbestos law after two extensions to trial date.
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Publication Date: 2020-04-01
Practice Area: Securities Litigation
Industry: E-Commerce
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Jason M. Leviton, Joel A. Fleming, Lauren Godles Milgroom and Amanda R. Crawford, Block & Leviton LLP, Boston, MA for plaintiff.
for defendant: William B. Chandler, III, Bradley D. Sorrels, Lindsay Kwoka Faccenda, Andrew D. Berni, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Boris Feldman and David J. Berger. Wilson Sonsini Goodrich & Rosati, P.C., Palo Alto, CA for defend-ants Lake, Anderson, Gurley, Hansen, McCollam, Wood, Ahuja, Carolan, Hastings, Hendricks, Hunt, Leff, Rothrock, Stitch Fix, Inc and Roku, Inc. Catherine G. Dearlove, Anthony M. Calvano and Tyre Tindall, Richards Layton & Finger, P.A., Wil-mington, DE; Michael T. Bongiorno, Wilmer Cutler Pickering Hale & Dorr, LLP, New York, NY; Timothy J. Perla, Wilmer Cutler Pickering Hale & Dorr, LLP, Boston, MA for defendants Salzberg, Bradley, Cool, Fox, Goodman, Hirshberg, Kelley and Blue Apron Holdings, Inc. Kurt M. Heyman, Melissa N. Donimirski and Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE.
Case Number: Valihura
Federal forum provisions contained in corporate charters that required actions arising under federal securities law to be filed in a federal court were facially valid. Reversed.
Publication Date: 2020-03-18
Practice Area: Occupational Safety and Health
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Michael I. Silverman and Adrienne McDonald, Silverman McDonald & Friedman, Wilmington, DE for claimant.
for defendant: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for employer.
Case Number: D68917
The court erred in affirming a finding by the Industrial Accident Board that claimant was not permanently impaired based on the outcome of a temporary disability proceeding. Reversed and remanded, because claimant was entitled to the opportunity to present his evidence at a permanent impairment hearing.
Publication Date: 2020-02-12
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: R. Craig Martin and Kelly L. Freund, DLA Piper LLP, Wilmington, DE for appellants.
for defendant: John P. DiTomo, Ryan D. Stottmann, and Coleen W. Hill, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: D68872
Chancery court erred in applying foreign law when defendants failed to meet their burden to establish the law, and thus erred in ruling that a forum clause was mandatory rather than permissive, since the clause was permissive under the applicable Delaware law.
Publication Date: 2020-01-29
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: William M. Lafferty, D. McKinley Measley, and Thomas P. Will, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Tariq Mundiya, Sameer Advani, Alexander L. Cheney, and Brittany M. Wagonheim, Willkie Farr & Gallagher LLP, New York, NY for appellants.
for defendant: Carmella P. Keener, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Carol S. Shahmoon and Gregory E. Keller, Shahmoon Keller PLLC, New York, NY for appellee.
Case Number: D68855
Stockholder presenting dissident slate of board nominees was not entitled to injunctive relief where, although trusts' requests for additional information was overbroad, the stockholder's failure to timely respond as required by the bylaws precluded its entitlement to relief.
Publication Date: 2019-12-18
Practice Area: Administrative Law
Industry: Food and Beverage
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger and Rodriguez, P.A., Dover, DE for claimant.
for defendant: Andrew M. Lukashunas, Tybout, Redfearn & Pell, Wilmington, DE for employer.
Case Number: D68812
Substantial evidence supported the finding by the Industrial Accident Board that a claimant was not entitled to workers' compensation benefits.
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