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Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Food and Beverage | Hospitality and Lodging | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1297
Seller did not breach implied covenant of good faith in negotiations simply by increasing its asking price, as non-binding letter of intent allowed parties to terminate negotiations except to breach exclusivity provision.
Publication Date: 2024-03-18
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: David E. Moore, Bindu A. Palapura, Andrew L. Brown, Potter Anderson & Corroon LLP, Wilmington, DE; Jason R. Bartlett, Jason A. Crotty, Marc J. Pernick, Mauriel Kapouytian Woods LLP, San Francisco, CA; Steven Callahan, Christopher T. Bovenkamp, Charhon Callahan Robson & Garza, PLLC, Dallas, TX for plaintiff.
for defendant: Adam W. Poff, Robert M. Vrana, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; James R. Batchelder, James L. Davis, Jr., Daniel W. Richards, Ropes & Gray LLP, East Palo Alto, CA; Colin P. Dunn, Ropes & Gray LLP, New York, NY for defendant.
Case Number: 22-677-RGA
Court dismissed inequitable conduct/unclean hands defenses where there were no allegations as to how alleged fraudulent misrepresentations affected the validity of the patent-in-suit and the allegations of fraud failed to meet the particularity requirement.
Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE for plaintiff.
for defendant: Michael J. Maiomone, Gabriella Mouriz, Barnes & Thornburg LLP, Wilmington, DE for defendants.
Case Number: 2022-0728-SG
Chancery court lacked jurisdiction over complaint seeking specific performance where the relief sought by plaintiff was legal in nature and the parties' contract could not confer jurisdiction.
Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Chemicals and Materials | Energy | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Paul D. Brown, Joseph B. Cicero, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Janet A. Hendrick, Michele C. Spillman, Angela M. Buchanan, Phillips Murrah P.C., Dallas, TX for plaintiffs.
for defendant: P. Clarkson Collins, Jr., K. Tyler O’Connell, Kirsten Zeberkiewicz, Morris James, Wilmington, DE; Sean D. Walsh, Scott R. Schillings, Matthew K. Holcomb, Hinkle Law Firm, Wichita, KS for defendants.
Case Number: 2021-0659-SG
Contractual limitations period rendered breach of asset purchase agreement facially untimely, and there were no allegations of misconduct by defendants that would warrant tolling the limitation period.
Publication Date: 2024-03-18
Practice Area: Health Care Law
Industry: Federal Government | Manufacturing | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English LLP, Wilmington, DE; Catherine E. Stetson, Susan M. Cook, Marian Golden, Hogan Lovells US LLP, Washington, DC for plaintiffs.
for defendant: Jacob Laksin, United States Department of Justice, Wilmington, DE; Brian D. Netter, Brian M. Boynton, Michelle R. Bennett, Alexander V. Sverdlov, Stephen M. Pezzi, Christine L. Coogle, Cassandra M. Snyder, United States Department of Justice, Washington, DC for defendants.
Case Number: 23-931-CFC
Drug manufacturer lacked standing to challenge Drug Price Reduction Program and associated guidelines due to the lack of a concrete and imminent injury in fact from the program.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2024-03-18
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Bayard Marin, Daulton Gregory, Marin & Gregory, LLC, Wilmington, DE for plaintiff.
for defendant: Karine Sarkisian, Kennedys CMK LLP, Wilmington, DE for defendants.
Case Number: 23-752-SRF
Court remanded case due to untimely notice of removal as equitable claim within Delaware chancery court's jurisdiction could be heard by federal court sitting in diversity and the applicable insurance policy limit at issue met the amount-in-controversy threshold.
Publication Date: 2024-03-18
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
for defendant: Nicholas E. Bittner, Heckler & Frabizzio, Wilmington, DE for appellee.
Case Number: S23A-03-002 CAK
Industrial Accident Board properly denied claim of permanent impairment based on credibility determination, as claimant failed to seek prompt diagnostic testing or treatment following a work incident and did not disclose an intervening motor vehicle accident to her medical providers and evaluators, and employer's medical expert credibly testified as to the lack of permanent impairment.
Publication Date: 2024-03-18
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Verlyn-Teresa: Rayfield-Bey, Wilmington, DE, pro se plaintiff.
for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Katherine Randolph Fry, Offit Kurman, P.A., Wilmington, DE; Geoffrey Graham Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE for defendants.
Case Number: 22-1073-CFC
Real Estate Settlement Procedures Act claim failed where qualified written request did not seek servicing information but instead demanded the original, ink-signed note for the mortgage to prove the servicer's right to collect mortgage payments.
Publication Date: 2024-03-11
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Manufacturing | Retail
Court: Court of Chancery
Judge: Judge Wallace
Attorneys: For plaintiff: Kevin M. Coen, Rachel R. Tunney, Morris, Nichols, Arsht & Tunnel LLP, Wilmington, DE; Nicholas Cutaia, Jaclyn Grodin, Goulston & Storrs PC, New York, NY; Joshua M. Looney, Nora A. Saunders, Goulston & Storrs PC, Boston, MA for plaintiff.
for defendant: A. Thompson Bayliss, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for defendants.
Case Number: 2023-0470 PRW
Although claimant had potentially known about facts underlying fraud/misrepresentation claims for some time, the court declined to apply laches to bar the claims where they were filed within the analogous statutes of limitations. Plaintiff's motion to dismiss denied; defendants' motion to dismiss granted in part and denied in part.
Publication Date: 2024-03-11
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Rosemary J. Piergiovanni, Farnan LLP, Wilmington, DE; A. Arnold Gershon, Michael A. Toomey, Barrack, Rodos & Bacine, New York, NY for plaintiff.
for defendant: Kevin M. Gallagher, Robert L. Burns, Richards, Layton & Finger, P.A. Wilmington, DE; Kevin G. Abrams, Peter Shindel Jr., Matthew L. Miller, Abrams & Bayliss LLP, Wilmington, DE; Robert J. Giuffra, Jr., David M.J. Rein, Sullivan & Cromwell LLP, New York, NY for defendants.
Case Number: 2017-0354-SG
Law of the case precluded settlement objector's challenge to the adequacy of consideration where revised settlement merely deleted provisions improperly releasing future claims and the court had previously found the retained provisions fair and beneficial to the corporation and its stockholders.
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