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Publication Date: 2019-05-22
Practice Area: Damages | Deals and Transactions
Industry: Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Bradley D. Sorrels, Shannon E. German, Andrew D. Berni, Keith E. Eggleton, Steven D. Guggenheim and David A. McCarthy, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE and Palo Alto, CA for plaintiff.
for defendant: Kenneth J. Nachbar, Kevin M. Coen, Zi-Xiang Shen and Coleen W. Hill, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Bruce S. Sperling, Harvey J. Barnett and Eamon P. Kelly, Sperling & Slater, P.C., Chicago, IL for defendant.
Case Number: D68469
The parties' agreement unambiguously required consent or the redemption of shares in the event of a sale, and because de-fendant chose to do neither, plaintiff was entitled to damages.
Publication Date: 2019-05-22
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Leslie B. Spoltore, Obermayer Maxwell Rebmann & Hippel LLP, Wilmington, DE for appellant.
for defendant: Melissa L. Dill, Liguori & Morris, Dover, DE for appellee.
Case Number: D68468
Family court did not err in awarding mother sole legal custody and primary residential placement, when neither parent requested such an arrangement, where the record supported the family court's rejection of father's expert's conclusions and reliance on father's history of domestic violence against mother to determine the custody award was in the parties' children's best interest.
Publication Date: 2019-05-01
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff: Michael J. Barry, Christine M. Mackintosh, Michael T. Manuel and Rebecca A. Musarra, Grant & Eisenhofer P.A., Wilming-ton, DE for petitioners.
for defendant: Michael P. Kelly, Steven P. Wood and Daniel J. Brown, McCarter & English, LLP, Wilmington, DE; Marc J. Sonnenfeld, Karen Pieslak Pohlmann and Laura Hughes McNally, Morgan, Lewis & Bockius LLP, Philadelphia, PA for respondent. Ned Wein-berger, Derrick Farrell and Thomas Curry, Labaton Sucharow LLP, Wilmington, DE for amici curiae professors in support of petitioners. Gregory P. Williams, Richards, Layton & Finger, P.A., Wilmington, DE for amici curiae professors in support of respondent.
Case Number: D68549
The chancery court abused its discretion in this statutory appraisal proceeding when valuing the shares by deducting unspeci-fied reduced agency costs from the deal price.
Publication Date: 2019-05-01
Practice Area: Civil Rights | Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Elizabeth R. McFarlan, Department of Justice, Wilmington, DE for the state.
for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for Jacquez Robinson.
Case Number: D68547
The trial court correctly concluded that the state engaged in conduct which violated a criminal defendant's Sixth Amendment right to counsel, but the Delaware Supreme Court held that dismissal was not the only appropriate remedy for the misconduct.
Publication Date: 2019-04-24
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Ben T. Castle and Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE for plaintiff.
for defendant: Gregory S. McKee and Lauren C. McConnell, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE for defendant.
Case Number: D68541
The dismissal of negligence claims against two physicians on statute of limitations grounds did not bar a timely-filed claim against the physicians' employer under the doctrine of respondeat superior.
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Publication Date: 2019-04-24
Practice Area: Privacy
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Stephen P. Norman of The Norman Law Firm, Dagsboro, DE for plaintiff.
for defendant: Michael F. McTaggart and Carla A.K. Jarosz of the Delaware Dept' of Justice, Wilmington, DE for de-fendants.
Case Number: D68537
Collateral estoppel applied to the questions of consent and revocation in this civil matter, because the court already decided those issues in the context of an earlier criminal proceeding.
Publication Date: 2019-04-17
Practice Area: Deals and Transactions
Industry: Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Jeremy S. Friedman, Spencer Oster and David F.E. Tejtel, Friedman Oster & Tejtel, PLLC, New York, NY; Ned Weinburger and Thomas Curry, Labaton Sucharow LLP, Wilmington, DE; Peter B. Andrews, Craig J. Springer and David Sborz, Andrews & Springer LLC, Wilmington, DE for plaintiff.
for defendant: Kenneth J. Nachbar, D. McKinley Measley and Lauren Neal Bennett, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Gerard G. Pecht, Peter A. Stokes and William Patrick Courtney, Norton Rose Fullbright US LLP, Houston, TX and Austin, TX for defendants Lodzinski, Singleton, Bold Energy III LLC and Earthstone Energy, Inc. Rolin P. Bissell and James M. Yoch, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Holmes, Craig E. Zieminski, Stephen S. Gilstrap, R. Kent Piacenti and Jeffrey Crough, Vinson & Elkins LLP, Dallas, TX for defendants Swanson, Thielmann, Zorich, EnCap Investments, Bold Energy Holdings, LLC and Oak Valley Resources, LLC.
Case Number: D68531
Plaintiff alleged sufficient facts to avoid dismissal of this derivative action, because substantive economic negotiations occurred prior to the formation of a special committee.
Publication Date: 2019-04-03
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Brian L. Arban, Department of Justice, Wilmington, DE for the state.
for defendant: Benjamin S. Gifford, IV, Wilmington, DE for defendant.
Case Number: D68517
A search warrant was not based on probable cause where an unidentified informant's tip was not corroborated by police surveillance or other information.
Publication Date: 2019-03-27
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Edward C. Gill, Georgetown, DE for appellant.
for defendant: John R. Williams, Department of Justice, Dover, DE for appellee.
Case Number: D68503
Juvenile offender's aggregate sentence of 37 years, which included a mandatory minimum sentence of 25 years for murder, did not violate the holding of Miller v. Alabama where the sentencing statute expressly imposed a lesser punishment on juvenile offenders, offender's sentence was not the functional equivalent of life without parole, and multiple mandatory sentences would still give offender chance at parole.
Publication Date: 2019-03-27
Practice Area: Government
Industry:
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Oliver J. Cleary, Department of Justice, Wilmington, DE for the state.
for defendant: John S. Whitelaw and Katherine E. Sell, Community Legal Aid Society, Inc., Wilmington and Dover, DE; Travis W. England, Nationall Center for Law and Economic Justice, New York, NY for defendant. Joan-na J. Cline, Pepper Hamilton LLP, Wilmington, DE for amicus curiae David A. Super of Georgetown Univ. Law Center in support of defendant.
Case Number: D68505
The state was preempted by federal law from bringing a state court action against a recipient of public benefits for fraud where a state agency had already pursued an administrative action based on the identical facts.
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