• Cheasapeake Ins. Advisors, Inc. v. DeSola

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68032

    Fraud claim failed where claimants did not plead facts to support finding that representations were made to induce action or refraining from action, any justifiable reliance on those representation, or damage resulting from representations.

  • RCS Creditor Trust v. Schorsch

    Publication Date: 2017-12-20
    Practice Area: Business Torts | Corporate Governance | REITS
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, John P. Coffey, Gregory A. Horowitz, Jeffrey S. Trachtman, Eileen Patt and Jeffrey Dunlap for plaintiff
    for defendant: Elizabeth A. Sloan, Michael C. Miller, Michael G. Scavelli and Lara E. Romansic for defendant Block; Stephen P. Lamb, Me-ghan M. Dougherty, Allan J. Arffa, Gregory F. Laufer and Jeremy A. Benjamin for remaining defendants.

    Case Number: D67979

    Plaintiff adequately stated a claim for breach of fiduciary duty where officers and directors stood on both sides of a transac-tion which created an entity that defendants controlled by way of super-voting stock despite owning only a minority interest.

  • Mooney v. E.I. DuPont de Nemours and Co.

    Publication Date: 2017-12-13
    Practice Area: Business Torts
    Industry: Chemicals and Materials
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: NA
    for defendant: Kathleen F. McDonough, John A. Sensing and Jesse L. Noa for defendant.

    Case Number: D67971

    In his fraud claim, plaintiff alleged only forward-looking statements and not specific facts which indicated that the statements were known to be false when made or were made in bad faith.

  • U.S. v. Medco Health Solutions, Inc.

    Publication Date: 2017-12-06
    Practice Area: Business Torts | Government
    Industry: Federal Government | Health Care | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jeffrey S. Goddess, P. Bradford deLeeuw and David S. Stone for plaintiffs
    for defendant: Jack B. Blumenfeld, Rodger D. Smith II, Enu Mainigi, Craig D. Singer, Holly Conley and D. Keith Clouser for defendants.

    Case Number: D67963

    The public information bar precluded a relators claim regarding fraudulent conduct under the False Claims Act. Motion to dismiss granted, with prejudice.

  • Yucaipa American Alliance Fund I, LP v. Ehrlich

    Publication Date: 2017-11-29
    Practice Area: Business Torts | Civil Procedure
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67957

    Plaintiff lacked standing and failed to allege sufficient predicate acts to establish a pattern of racketeering activity under the Racketeer Influenced and Corrupt Organizations Act. Affirmed.

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  • In re Physiotherapy Holdings, Inc.

    Publication Date: 2017-11-15
    Practice Area: Bankruptcy | Business Torts
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff: N/A
    for defendant: N/A

    Case Number: D67939

    Bankruptcy court determined that: 1) recovery for a fraudulent transfer is not capped by the amount of the creditor claims; 2) a result which allowed a defendant who engaged in a fraudulent transfer to keep most or all of the transferred money was inequitable; 3) a trustee may avoid a transfer beyond the extent necessary to satisfy a creditors claim; and 4) if the litigation trustee was successful, the court found no windfall to the creditors from recovery in the fraudulent transfer action.

  • A. Schulman, Inc. v. Citadel Plastic Holdings, LLC

    Publication Date: 2017-11-15
    Practice Area: Business Torts | Civil Procedure | Contracts
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Paul J. Lockwood, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE, attorney for plaintiff
    for defendant: David E. Ross, Eric D. Selden, and Nicholas D. Mozal, Aronstam & Moritz LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D67934

    Defendants motion for stay after several defendants receipt of subpoenas in criminal investigation denied where lack of pending indictments meant that plaintiffs and the publics interest in civil action proceeding to trial outweighed remote possibility of prejudice to defendants in any future criminal proceedings.

  • Encore Preakness, Inc. v. Chestnut Health and Rehab. Grp., Inc.

    Publication Date: 2017-11-15
    Practice Area: Business Torts | Contracts | Creditors' and Debtors' Rights
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE, attorneys for plaintiff
    for defendant: Nancy S. Rappaport and Brian A. Biggs, DLA Piper LLP, Wilmington, DE; Brooke Madonna, Spector Gadon & Rosen, Philadelphia, PA, attorneys for defendants.

    Case Number: D67936

    Plaintiff could pursue tortious interference claim against administrative services providers to healthcare facilities plaintiff contracted with, where plaintiff alleged that service providers failure to act consistently in their agreements with the facilities interference with the facilities performance under their contracts with plaintiff.

  • Mooney v. Pioneer Natural Resources Co.

    Publication Date: 2017-11-08
    Practice Area: Business Torts
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: N/A
    for defendant: William M. Lafferty, Susan W. Waesco, Richard Li, Kevin T. Abikoff and Benjamin Britz for defendant.

    Case Number: D67931

    Plaintiffs allegations regarding fraud were conclusory and did not put defendant on notice of the precise misconduct with which it was charged, nor did plaintiff adequately plead facts related to his claimed financial loss.

  • Turf Nation, Inc. v. UBU Sports, Inc.

    Publication Date: 2017-10-25
    Practice Area: Business Torts | Civil Procedure
    Industry: Distribution and Wholesale | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Counsel: Kenneth J. Enos, Kathaleen S. McCormick, Mary F. Dugan, William S. Sugden and Thomas P. Clinkscales for plaintiff
    for defendant: Stephen E. Jenkins, Peter H. Kyle and Stephen J. Brown for defendants.

    Case Number: D67915

    Dismissal for lack of personal jurisdiction was proper where an individual defendants only connection to Delaware was acting as an officer of an entity that was incorporated in Delaware. Defendant adequately stated claims for fraud and tortious interference with contractual relations, but the matters were not appropriate for res-olution until after the discovery process. Motions to dismiss and for judgment on the pleadings denied.