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  • In re: Ctr. City Healthcare, LLC

    Publication Date: 2022-06-28
    Practice Area: Bankruptcy
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69865

    Claim for avoidance of preferential transfers was not dismissed where debtors had adequately identified transfers eligible for avoidance and also alleged diligent investigation into the eligibility of such transfer for avoidance and the possibility of defenses that could be raised against avoidance.

  • Galate v. Beebe Med. Ctr., Inc.

    Publication Date: 2022-06-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert, Lorenza A. Wolhar, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Lauren C. McConnell, Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
    Case Number: D69845

    Motion to amend complaint to assert claims arising out of CT scan denied where the scan was distinct from the other treatments that formed the basis of plaintiffs' complaint, precluding application of the relation back doctrine.

  • Emery v. Christiana Care Health Servs., Inc.

    Publication Date: 2022-06-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Onofrio de Gennaro, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE for plaintiffs.
    for defendant: Phillip M. Casale, Morris James LLP, Wilmington, DE For defendant.
    Case Number: D69843

    Continuous medical treatment doctrine applied to render plaintiffs' claims timely where plaintiffs sufficiently alleged that the course of treatment stretched from an initial act of negligence to the patient's death.

  • Young v. Christiana Care

    Publication Date: 2022-05-31
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Sykema Young, pro se appellant.
    for defendant: Emily K. Silverstein, White and Williams, LLP, Wilmington, DE; Victoria Groff, Department of Justice, Wilmington, DE for appellees.
    Case Number: D69835

    Appeal from referee's denial of unemployment benefits dismissed as untimely where applicant failed to demonstrate circumstances warranting the acceptance of her untimely appeal.

  • Kaur v. Boston Scientific Corp.

    Publication Date: 2022-05-24
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Robert J. Leoni, Shelby & Leoni, Wilmington, DE for plaintiffs.
    for defendant: Colleen D. Shields, Eckert, Seamans, Cherin & Mellott LLC, Wilmington, DE for defendant.
    Case Number: D69829

    Court excluded expert testimony to the extent it opined about corporate defendant's state of mind or the reasonableness of its actions or attempted to offer a legal conclusion, since such testimony would usurp the fact-finding province of the jury.

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  • Knight v. Miller

    Publication Date: 2022-05-10
    Practice Area: Corporate Governance
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Stephen E. Jenkins, Tiffany Geyer Lydon, Ashby & Geddes, P.A., Wilmington, DE; Gregory Mark Nespole, Daniel Tepper, Correy A. Kamin, Ryan C. Messina, Levi & Korsinsky, LLP, New York, NY for plaintiff.
    for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Gary A. Orseck, Matthew M. Madden, Jason A. Shaffer, Kramer Levin Robbins Russell, Washington, D.C. for defendants.
    Case Number: D69809

    The court found that plaintiff's complaint that challenged equity grants made to directors would be reviewed under the entire fairness standard and withstood a motion to dismiss.

  • GEICO Gen. Ins. Co. v. Green

    Publication Date: 2022-04-26
    Practice Area: Insurance Litigation
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Paul A. Bradley, Stephanie A. Fox, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE; Laura A. Cellucci, Joshua F. Kahn, Miles & Stockbridge P.C., Baltimore, MD; George M. Church, Cockeysville, MD; Meloney Perry, Perry Law P.C., Dallas, TX; for plaintiff.
    for defendant: Richard H. Cross, Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for defendants.
    Case Number: D69791

    The court found the plaintiffs did not prove breach of contract or bad faith breach of contract because the contract was silent on the process to be used to evaluate claims of medical expense.

  • Donofrio v. Peninsula Healthcare Servs., LLC

    Publication Date: 2022-04-26
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Benjamin A. Schwartz, Schwartz and Schwartz, Dover, DE for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White LLC, Wilmington DE for defendants.
    Case Number: D69796

    Long-term care facility admission agreement had valid arbitration clause where patient possessed contractual capacity to execute the agreement.

  • Centene Corp. v. Acellion, Inc.

    Publication Date: 2022-04-12
    Practice Area: Contractual Disputes
    Industry: Health Care | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Paul J. Lockwood, Ryan M. Lindsay, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; William E. Ridgway, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL; Peter B. Morrison, Zachary M. Faigen, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA for plaintiffs.
    for defendant: Raymond J. DiCamillo, Richards, Layton & Finger, P.A., Wilmington, DE; Michael Rubin, Melanie Blunschi, Latham & Watkins LLP, San Francisco, CA; Serrin Turner, Latham & Watkins LLP, New York, NY for defendant.
    Case Number: D69775

    The court held plaintiffs' claims were subject to a forum selection clause for venue in three California counties.

  • McCreary v. United States

    Publication Date: 2022-04-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Keyona McCreary, Wilmington, DE, pro se plaintiff.
    for defendant: David C. Weiss, United States Attorney, Shamoor Anis, Assistant United States Attorney, Wilmington, DE for defendant.
    Case Number: D69772

    Filing deadlines for Federal Tort Claims Act claim were equitably tolled where plaintiff's counsel had failed to move for reconsideration of the denial of plaintiff's administrative tort claim or to inform plaintiff of the deadline for moving for reconsideration.