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Publication Date: 2023-10-23
Practice Area: Mergers and Acquisitions
Industry: Energy
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: James M. Yoch, Alberto E. Chávez, Young Conaway Stargatt & Taylor, Wilmington, DE; Paul D. Clement, Matthew D. Rowen, Clement & Murphy, PLLC, Alexandria, VA for appellants.
for defendant: Kenneth J. Nachbar, Susan Wood Waesco, Matthew R. Clark, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Antony L. Ryan, Kevin J. Orsini, Michael P. Addis, Cravath, Swaine & Moore LLP, New York, NY for appellee.
Case Number: 391, 2022
Chancery court's determination that counterparty did not breach merger agreement was supported by record evidence demonstrating that company continued to use best efforts to consummate the merger, entitling it to reimbursement of a prior termination fee and precluding liability for a breakup fee.
Publication Date: 2023-09-25
Practice Area: Insurance Litigation
Industry: Financial Services and Banking | Insurance
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Thomas E. Hanson, Jr., William J. Burton, Barnes & Thornburg LLP, Wilmington, DE; Lilit Asadourian, Alice Kyureghian, Barnes & Thornburg LLP, Los Angeles, CA; Aaron D. Lindstrom, Barnes & Thornburg LLP, Grand Rapids, MI, for plaintiff below, appellee and cross-appellant.
for defendant: John L. Reed, DLA Piper LLP (US), Wilmington, DE; David Newmann, Courtney Devon Taylor, Victoria A. Joseph, Brittany Armour, Hogan Lovells US LLP, Philadelphia, PA; Robert J. Katzenstein, Smith Katzenstein & Jenkins LLP, Wilmington, DE for defendant below, appellant and cross-appellee.
Case Number: 360, 2022
Ruling that appellee's alleged violation of the False Claims Act arose out of false certifications that the loans it endorsed were eligible for government insurance, not the professional services it provided to borrowers through mortgage banking, mortgage underwriting, and loan servicing; the court concluded that the FCA charges and eventual settlement did not fall within the professional services exclusion in appellant's management liability policy.
Publication Date: 2023-09-18
Practice Area: Labor Law
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: H. Garrett Baker, Francis D. Nardo, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE; William A. Crawford, Franklin & Prokopik, Newark, DE for appellees.
Case Number: N21C-10-044
Employer and its workers' compensation insurer could assert a lien against compensation obtained from the employer's underinsured motorist coverage.
Publication Date: 2023-09-18
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Curtis P. Bounds, Kara M. Swasey, Megan McGovern, Bayard, P.A., Wilmington, DE for appellant.
for defendant: Jennifer A. Hartnett, Hartnett & Hartnett, Hockessin, Delaware for appellee.
Case Number: 22-04577
Trial court erred in sua sponte ordering husband to maintain a life insurance policy where the trial court lacked evidence regarding the policy, including when it was purchased, whether husband owned/controlled it, and the beneficiaries of the policy.
Publication Date: 2023-09-18
Practice Area: Corporate Entities
Industry: Consulting | Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Michael W. McDermott, Richard I. G. Jones, Jr., David B. Anthony, Zachary J. Schnapp, Harry W. Shenton, IV, Berger Harris LLP, Wilmington, DE for appellants.
for defendant: A. Thompson Bayliss, Eric A. Veres, Abrams & Bayliss LLP, Wilmington, DE; Robert N. Hochman, Sidley Austin LLP, Chicago, IL, Margaret Hope Allen, Angela C. Zambrano, Yolanda Cornejo Garcia, Sidley Austin LLP, Dallas, TX; Robin Wechkin, Sidley Austin LLP, Issaquah, WA for appellee.
Case Number: 407, 2022
Court declined to disavow jurisprudence holding that parties to an LLC agreement could impose incurable voidness on purported transactions under the agreement since the Delaware Limited Liability Company Act gave broad contractual freedom in an operating agreement.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Construction | Legal Services | State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
Case Number: N21C-12-039
Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.
Publication Date: 2023-08-21
Practice Area: Bankruptcy
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-10687 (CTG)
The bankruptcy court found sufficient cause to lift the stay to allow an unlawful detainer action against debtor pending in California to go forward, concluding that resolution of the dispute was best left to the California courts.
Publication Date: 2023-07-31
Practice Area: Insurance Litigation
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Jennifer A. Sutton, Margolis Edelstein, Wilmington, DE for appellant.
for defendant: Wade A. Adams, III, Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE for appellees.
Case Number: S21C-08-013
Superior Court correctly applied Sutton rule to bar landlord's insurer from pursuing subrogation against tenants who negligently damaged the property, where the lease contained no provision demonstrating that the landlord and tenant expressly intended for the tenant to obtain their own insurance or to be barred from coverage under the landlord's policy.
Publication Date: 2023-07-10
Practice Area: Corporate Governance
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Michael K. Ross, Serine Consolino, Aegis Law Group LLP, Washington, DC for appellant.
for defendant: Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC; Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for appellees.
Case Number: 163, 2022
Stock issuance that diluted interest of stockholder with one-half interest who had filed a custodian action to break board election deadlock was not inequitable where issuance was reasonably calculated to prevent default under company's key contracts and had the benefit of retaining a key employee, while stockholder was not coerced as she retained a swing vote.
Publication Date: 2023-07-03
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Patrick J. Collins, Collins & Price, Wilmington, DE for appellant.
for defendant: Brian Arban, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 218, 2022
Errors in microscopic hair comparison forensic testimony did not compel postconviction relief where the errors did not exculpate defendant and the state presented other substantial evidence of defendant's guilt.
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