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  • Anderson v. Magellan Health, Inc.

    Publication Date: 2023-07-17
    Practice Area: Mergers and Acquisitions
    Industry: Health Care | Investments and Investment Advisory | Legal Services
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Ryan M. Ernst, Bielli & Klauder, LLC, Wilmington, DE; Michael A. Rogovin, Weiss Law, Atlanta, GA for plaintiff
    for defendant: Paul J. Lockwood, Arthur R. Bookout, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for defendant.
    Case Number: 2021-0202-KSJM

    Supplemental proxy disclosures that were only marginally helpful to shareholders and were not clearly material to their analysis only supported a minimal award of legal fees and costs to plaintiff stockholder.

  • Salas v. Acuity-CHS, LLC

    Publication Date: 2023-07-03
    Practice Area: Consumer Protection
    Industry: Federal Government | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Peter Bradford deLeeuw, deLeeuw Law LLC, Wilmington, DE; Nicholas A. Migliaccio, Jason Rathod, Tyler J. Bean, Migliaccio & Rathod, LLP, Washington, DC for plaintiff.
    for defendant: Aimee M. Czachorowski, Cheneise Wright, Francis G.X. Pileggi, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Danielle E. Stierna, Jon P. Kardassakis, Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, CA for defendant.
    Case Number: 22-317-RGA

    Data breach victim had Article III standing by alleging incidents of misuse of her personal identifiable information and alleging that her PII accessed in the data breach was available to cybercriminals.

  • Sternlicht v. Hernandez

    Publication Date: 2023-06-27
    Practice Area: Corporate Governance
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: John M. Seaman, April M. Ferraro, Abrams & Bayliss LLP, Wilmington, DE; Adrienne Ward, Lori Marks-Esterman, Olshan Frome Wolosky LLP, New York, NY; John M. Seaman, April M. Ferraro, Abrams & Bayliss LLP, Wilmington, DE; Tariq Mundiya, Richard Li, Willkie Farr & Gallagher LLP, New York, NY for plaintiffs.
    for defendant: Blake Rohrbacher, Kevin M. Gallagher, Matthew W. Murphy, Nicole M. Henry, Jordan L. Cramer, Sandy Xu, Mari Boyle, Edmond S. Kim, Morgan R. Harrison, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
    Case Number: 2023-0477-PAF

    Court declined to enjoin advance notice bylaw where company did not have radical change in operations and plaintiff stockholders' delay contributed to their inability to timely present a slate of directors for the annual meeting.

  • Optimiscorp v. Atkins

    Publication Date: 2023-06-13
    Practice Area: Corporate Governance
    Industry: Health Care | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Jr., Halloran Farkas + Kittila LLP, Wilmington, DE for plaintiff.
    for defendant: Stephen B. Brauerman, Sarah T. Andrade, Megan A. McGovern, Bayard, PA, Wilmington, DE for defendant.
    Case Number: 2020-0183-MTZ

    Stockholders who pursued a derivative claim breached fiduciary duties to company by withholding the award in that claim, since derivative plaintiffs served as company agents rather than directors entitled to have their conduct reviewed under gross negligence or business judgment rule standards.

  • Jackson v. NuVasive, Inc.

    Publication Date: 2023-06-13
    Practice Area: Patent Litigation
    Industry: Health Care | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Stephen J. Kraftschik, Polsinelli PC, Wilmington, DE; Thomas Gemmell, Polsinelli PC, Chicago, IL; Darren E. Donnelly, Polsinelli LLP, San Francisco, CA; Aaron M. Levine, Polsinelli PC, Houston, TX for plaintiff.
    for defendant: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Colin G. Cabral, James R. Anderson, Proskauer Rose LLP, Boston, MA; Jessica M. Griffith, Proskauer Rose LLP, Los Angeles, CA for defendant.
    Case Number: 21-53-RGA

    Court declined to adopt plaintiff's proposal to construe disputed patent term by its plain and ordinary meaning, where the definition advanced by plaintiff was merely functional in nature and there was no evidence that a person of ordinary skill in the art would understand the meaning of the disputed term.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

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  • Santo v. Genesis Healthcare, Inc.

    Publication Date: 2023-05-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
    for defendant: Geoffrey G. Grivner, Kody M. Sparks, Andrew G. Hope, Buchanan, Ingersoll & Rooney, P.C., Wilmington, DE; Joshua T. Calo, Buchanan, Ingersoll & Roonery, P.C., Pittsburgh, PA for defendant.
    Case Number: K22C-07-014 NEP

    Nursing home was not entitled to PREP Act immunity for resident's death from COVID-19 where complaint alleged ordinary acts of negligence that led to the resident's death and did not necessarily implicate the administration or use of "covered countermeasures" as a cause of or contributing factor to the resident's death.

  • Lighthouse Behavioral Health Solutions, LLC v. Milestone Addiction Counseling, LLC

    Publication Date: 2023-05-30
    Practice Area: Mergers and Acquisitions
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Marisa B. Miller, Kevin K. Chang, Sheppard, Mullin, Richter & Hampton LLP, San Diego, CA for plaintiff.
    for defendant: Sidney S. Liebesman, E. Chaney Hall, Nathaniel J. Klepser, Fox Rothschild LLP, Wilmington, DE; Erik J. Clark, Organ Law LLP, Columbus, OH for defendants.
    Case Number: 2022-0979-MTZ

    Although federal law obligated acquired healthcare provider to obtain patient consent before turning over records to acquirer, the provider nonetheless breached its contractual obligations to transfer the records and its representations and warranties that it had taken all action necessary to perform and that the transaction complied with applicable law.

  • LPPAS Representative, LLC v. ATH Holding Co., LLC

    Publication Date: 2023-05-16
    Practice Area: Mergers and Acquisitions
    Industry: Federal Government | Health Care | Insurance
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Kelly L. Freund, Michelle Morgan, DLA Piper LLP, Wilmington, DE; A. Thompson Bayliss, E. Wade Houston, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
    for defendant: Kevin M. Coen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Thomas Uebler, McCollum D’Emilio Smith Uebler LLC, Wilmington, DE; Glenn M. Kurtz, Elizabeth Stainton, White & Case LLP, New York, NY for defendants.
    Case Number: 2020-0241-KSJM

    Where indemnification provision in company purchase agreement gave sellers the right to participate in the defense of third-party claims brought by government regulators, purchasers breached those rights by unilaterally negotiating a tolling agreement with regulators.

  • In re: Promise Healthcare Group, LLC

    Publication Date: 2023-05-02
    Practice Area: Bankruptcy
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-12491 (CTG)

    Creditors holding legal claims against a debtor were not required to file a lawsuit outside of the bankruptcy process in addition to filing a proof of claim to preserve their claims from the expiration of the statute of limitations, as the bankruptcy code required evaluating proof of claims as of the date of the bankruptcy filing, and requiring the filing of separate lawsuits ran contrary to the purpose of bankruptcy to provide a single forum to resolve claims against a debtor.

  • Acree v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2023-04-25
    Practice Area: Medical Malpractice
    Industry: Health Care | Recruitment and Staffing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE for plaintiff.
    for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmantraut & Klein, Wilmington, DE; John A. Elzufon, Matthew Donelson, Elzufon, Ausstin & Mondell, P.A., Wilmington, DE; Maria R. Granaudo Gesty, Burns White LLC, Wilmington, DE for defendants.
    Case Number: K21C-02-029-JJC

    Court declined summary judgment for physician staffing company in medical malpractice complaint where there were genuine issues of material fact concerning whether the company had a master/servant relationship with a physician who allegedly performed a negligent surgery, such that the patient could hold the company vicariously liable under the doctrine of respondeat superior.