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Publication Date: 2020-03-04
Practice Area: Legal Malpractice
Industry: Legal Services | Software
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Christopher H. Lee and Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; Timothy S. Perkins, Underwood Perkins, P.C., Dallas, TX; Jeremy C. Martin, Martin Appeals, PLLC, Dallas, TX for plaintiff.
for defendant: P. Clarkson Collins, Jr., Carl N. Kunz, III and Kathleen A. Murphy, Morris James LLP, Wilmington, DE; George M Kryder and Melissa L. James, Vinson & Elkins LLP, Dallas, TX for defendants.
Case Number: D68897
The statute of limitations in this legal malpractice claim began to run at the time the injury occurred, not when the damages were certain.
Publication Date: 2020-02-12
Practice Area: Insurance Litigation
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Jeffrey A. Young, Young & McNelis, Dover, DE for plaintiff.
for defendant: Benjamin C. Wetzel, III, Wetzel & Assoc., P.A., Wilmington, DE for defendant.
Case Number: D68877
Whether an assault was an "accident" under an insurance policy was determined by the intent of the insured, not by the viewpoint of the victim.
Publication Date: 2020-02-12
Practice Area: Business Torts
Industry: Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Ryan P. Newell and Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE for plaintiff.
for defendant: Rudolf Koch, Robert L. Burns and Nicole K. Pedi, Richards, Layton & Finger P.A., Wilmington, DE; William Trach, Latham & Watkins LLP, Boston, MA for defendant.
Case Number: D68873
Plaintiff alleged its fraud claims with sufficient particularity, and the allegations suggested that defendant's representations were made with knowledge of their falsity, rather than being mere opinion or puffery.
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: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Christopher S. Koyste, Wilmington, DE for appellant.
for defendant: Abby L. Adams, Department of Justice, Wilmington, DE for appellee.
Case Number: D68856
Judgment of acquittal on second-degree attempted assault conviction as lesser-included offense of first-degree murder properly denied where evidence at trial was sufficient to find that defendant, who intended to assault a completely different victim, intended to cause serious bodily injury where he attempted to find the intended victim in a rage, recruited two associates, and armed himself with a firearm.
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Authors: Rosemary Alito
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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: 2020-01-29
Practice Area: Corporate Governance
Industry: Transportation
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Michael J. Barry, John C. Kairis and Kimberly A. Evans, Grant & Eisenhofer P.A., Wilmington, DE; Jeffrey Reeves, Atlanta, GA for plaintiff.
for defendant: R. Judson Scaggs, Jr., Susan W. Waesco and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Susan S. Muck, Kevin P. Muck and Marie C. Bafus, Fenwick & West LLP, San Francisco, CA for defendants Camp, Graves, Huffington, Al-Rumayyan, Gurley and Bonderman. Donald J. Wolfe, Jr., T. Brad Davey, J. Matthew Belger and Jacob R. Kirkham of Potter Anderson & Corroon LLP, Wilmington, DE; Joseph G. Petrosinelli and Kenneth J. Brown, Williams & Connolly LLP, Washington, DC for defendant Kalanick. A. Thompson Bayliss and Michael A. Barlow, Abrams & Bayliss LLP, Wilmington, DE; Mark Gimbel, C. William Phillips and Bryant Pulsipher, Covington & Burling, LLP, New York, NY and San Francisco, CA for nominal defendant Uber Tech., Inc.
Case Number: D68860
The majority of a corporation's board of directors was disinterested in a transaction, so the court properly dismissed this matter due to the stockholder's failure to make a demand on the board prior to filing this litigation.
Publication Date: 2020-01-22
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Patricia A. Davis and Zoe Plerhoples, Department of Justice, Wilmington, DE for appellant.
for defendant: Paul A. Logan, Post & Schell, P.C. Wilmington, DE; James J. Kutz, Harrisburg, PA for appellee.
Case Number: D68848
Reversal of disciplinary charges against physician overturned where state board not required to obtain expert testimony to establish standard of care under regulations, and where regulations were not vague as-applied since physician failed to make any effort at compliance.
Publication Date: 2019-12-18
Practice Area: Administrative Law | Civil Procedure
Industry: Distribution and Wholesale
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Elizabeth Imbragulio, pro se appellant.
for defendant: Tasha Marie Stevens, Fuqua, Willard, Stevens & Schab, P.A., Georgetown, DE for appellee.
Case Number: D68808
Superior court rules governing timeliness of appeals did not apply until the superior court obtained jurisdiction by the appealing party's compliance with the statutes conferring jurisdiction upon the superior court.
Publication Date: 2019-12-18
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Richard Galperin, Joshua H. Meyeroff, and Ryan T. Keating, Morris James LLP for appellant.
for defendant: Leroy A. Tice, Leroy A. Tice, Esquire P.A. for appellees.
Case Number: D68806
Release of claims against agent that served to extinguish the agent's pro rata share of responsibility of the principal's damages effectively released the principal from a vicarious liability claim even when the principal was not party to the release.
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