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  • GKC Strategic Value Master Fund, LP v. Baker Hughes Inc.

    Publication Date: 2019-07-17
    Practice Area: Civil Procedure
    Industry: Energy | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Ned Weinberger, Thomas Curry, Eric J. Belfi, Ira A. Schochet and David J. Schwartz, Labaton Sucharow LLP, Wilmington, DE and New York, NY for petitioners.
    for defendant: Kevin M. Coen and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Arthur F. Golden, Andrew Ditchfield and Andrew S. Gehring, Davis Polk & Wardwell LLP, New York, NY for respondent. John D. Hendershot and Susan M. Hannigan, Richards, Layton & Finger, P.A., Wilmington, DE; Paula Anderson and Alan Goudiss, Shearman & Sterling LLP, New York, NY for third-party General Elec. Co. Mark Lebovitch, Bernstein Litowitz Berger & Grossman LLP, New York, NY for non-party Tri-State Joint Fund.
    Case Number: D68633

    Where respondents failed to timely file confidential documents redacted in good faith, the court held that unredacted versions of the documents should be made available in the public record of the case.

  • Otto Candies LLC v. KPMG, LLP

    Publication Date: 2019-05-08
    Practice Area: Business Torts | Civil Procedure
    Industry: Consulting | Transportation
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: David E. Ross, Ross, Aronstam & Moritz LLP, Wilmington, DE; Terry L. Wit, A. William Urquhart, Juan P. Morillo, Derek L. Shaffer, and Lauren H. Dickie, Quinn Emanual Urquhart & Sullivan, LLP, San Francisco, CA and Washington, DC for plaintiffs.
    for defendant: Kevin R. Shannon, Matthew F. Davis, and Christopher N. Kelly, Potter Anderson & Corroon LLP, Wilmington, DE; Gregory G. Ballard and Jose F. Sanchez, Sidley Austin LLP, New York, NY; Todd Schlitz, Drinker Biddle & Reath LLP, Wilmington, DE; Robert A. Scher and Jonathan H. Friedman, Foley & Lardner LLP, New York, NY; Timothy Jay Houseal, Jennifer M. Kinkus, and William E. Gamgord, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Ana C. Reyes, Williams & Connolly, LLP, Washington, DC for defendants.
    Case Number: D68551

    Actions transferred from superior court to chancery court subject to a fully-briefed and argued motion to dismiss were subject to the chancery court's rule requiring plaintiffs subject to such a motion to either seek leave to amend or stand on their complaint and risk dismissal with prejudice; however, as a matter of first impression the court declined to enforce the rule on plaintiffs.

  • Bd. of Educ. of the Smyrna Sch. Dist. v. E.D.

    Publication Date: 2018-12-26
    Practice Area: Civil Procedure | Education Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: David H. Williams, James H. McMackin, III, and Allyson Britton DiRocco, Morris James LLP, Wilmington, DE for appellant
    for defendant: Valerie A. Dunkle, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68399

    Reversal of student's expulsion affirmed where local school board failed to provide student with meaningful cross-examination during the disciplinary hearing and imposed a punishment clearly disproportionate to the severity of the student's offense.

  • Mergenthaler v. Triumph Mortgage Corp.

    Publication Date: 2018-12-19
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: John A. Sergovic, Jr., Sergovic & Carmean, P.A., Georgetown, DE for plaintiff.
    for defendant: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for defendant.
    Case Number: D68395

    A judgment creditor was required to refresh a judgment after five years before obtaining a writ of execution, but the court renewed plaintiff's judgment nunc pro tunc due to the court's ministerial error.

  • LSF9 Master Participation Trust v. Tucker

    Publication Date: 2018-12-19
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Lisa K. Cartwright , Atlantic Law Group, Wilmington, DE for plaintiff.
    for defendant: N/A
    Case Number: D68394

    The federal court lacked jurisdiction to hear defendant's challenge to a state court's decision in this mortgage foreclosure action.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Kennedy v. Law School Admissions Council, Inc.

    Publication Date: 2018-12-12
    Practice Area: Civil Procedure
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68388

    Plaintiff did not specifically allege the citizenship of any of the defendants, so no basis existed for diversity ju-risdiction, and plaintiff also failed to state any federal claim, so the court lacked jurisdiction over any of the re-maining state law claims.

  • Jean-Louis v. Capital One

    Publication Date: 2018-11-21
    Practice Area: Civil Procedure | Civil Rights | Discovery
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: NA
    for defendant: Barry M. Willoughby and Lauren E.M. Russell of Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE, attorneys for defendant.
    Case Number: D68361

    A pro se plaintiff failed to prosecute her case when she did not respond to discovery requests, failed to appear for her deposition, and did not seek an extension of time for discovery.

  • West v. Coupe

    Publication Date: 2018-10-31
    Practice Area: Civil Procedure | Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Stephen A. Hampton, Grady & Hampton, Dover, DE, attorney for plaintiff
    for defendant: Ophelia Michelle Waters, Delaware Department of Justice, Wilmington, DE, attorney for defendant Coupe; Nicholas Robert Wynn, White & Williams, Wilmington, DE, attorney for defendant Sexton.
    Case Number: D68341

    A defendant who refused to waive service and then objected to service at her place of employment was not entitled to dismis-sal for improper service.

  • M.K. v. Prestige Acad. Charter Sch.

    Publication Date: 2018-10-24
    Practice Area: Civil Procedure | Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68322

    Plaintiff failed to timely effectuate service on one defendant, but claims against another party were not barred by a release in a settlement agreement.

  • Massey v. Nationwide Assurance Co.

    Publication Date: 2018-10-10
    Practice Area: Civil Procedure | Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Christopher J. Sipe for plaintiff
    for defendant: Mary Anne McLane Detweiler for defendant.
    Case Number: D68313

    A party moving to set aside a judgment failed to demonstrate improper service, and any neglect on his part was not excusable.