• FTE Networks, Inc. v. Szkaradek

    Publication Date: 2024-09-17
    Practice Area: Business Torts
    Industry: Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-785-WCB

    Court denied motion for appointment of receiver where corporation's difficulties mostly harmed its customers, whose interests were more appropriately protected through consumer protection actions.

  • In re: AIG Fin. Prods. Corp.

    Publication Date: 2024-09-10
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-11309-MFW

    No error in declining dismissal of bankruptcy petition where debtor was balance sheet insolvent and reasonably anticipated filing for bankruptcy absent reorganization.

  • Thomson Reuters Enter. Centre GmbH v. Ross Intelligence Inc.

    Publication Date: 2024-08-20
    Practice Area: Copyrights
    Industry: E-Commerce | Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Jeremy King, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY; Miranda Means, Kirkland & Ellis LLP, Boston, MA; Yungmoon Chang, Allyn Belusko, Kirkland & Ellis LLP, Los Angeles, CA for plaintiffs.
    for defendant: David Ellis Moore, Bindu Ann George Palapura, Andrew L. Brown, Potter Anderson & Corroon LLP, Wilmington, DE; Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Lisa Kimmel, Crowell & Moring LLP, Washington, D.C.; Emily T. Kuwahara, Jordan Ludwig, Crowell & Moring LLP, Los Angeles, CA; Ryan Henry Seewald, Crowell & Moring LLP, Denver, CO for defendant.

    Case Number: 1:20-cv-613-SB

    Expert opinion on liability was not unreliable where it detailed how data for comparison was selected, as limited qualitative analysis did not automatically render the opinion unreliable.

  • Gray v. Allen Harim Foods, LLC

    Publication Date: 2024-08-20
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1172

    Former employee adequately pled constructive discharge claim by alleging that she was forced to accept transfer to a position that effectively constituted a demotion and train her replacement who was hired while she was on Family and Medical Leave Act leave, which constituted sufficiently intolerable working conditions that would cause a reasonable person to resign.

  • In re: Insys Therapeutics Inc.

    Publication Date: 2024-08-13
    Practice Area: Bankruptcy
    Industry: Legal Services | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Derek C. Abbott, Matthew O. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric D. Madden, Reid Collins & Tsai LLP, Dallas, TX; Keith Y. Cohan, Ryan M. Goldstein, Morgan M. Menchaca, Reid Collins & Tsai LLP, Austin, TX for plaintiff.
    for defendant: Michael W. McDermott, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; Richard C. Pedone, Brian T. Kelly, Nixon Peabody LLP, Boston, MA for defendant.

    Case Number: 19-11292 (JTD)

    Court determined that former officer was obligated to repay advanced legal expenses where he was ultimately convicted on a single racketeering conspiracy charge that included the same alleged predicate racketeering activities as the first indictment, undermining claims of partial success in the criminal prosecution.

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  • In re: BYJU's Alpha, Inc.

    Publication Date: 2024-07-30
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Pieter Van Tol, Christoper R. Bryant, Elizabeth Carter, Hogan Lovells US, LLP, New York, NY; David Massey, Hogan Lovells US, LLP, Miami, FL; Evan T. Miller, Saul Ewing LLP, Wilmington, DE; Turner N. Falk, Saul Ewing LLP, Philadelphia, PA for appellants.
    for defendant: Susheel Kirpalani, Benjamin Finestone, William B. Adams, Daniel Holzman, Jianjian Ye, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY; Robert S. Brady, Kenneth J. Enos, Jared W. Kochenash, Timothy R. Powell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; George W. Hicks, Jr., Kirkland & Ellis LLP, Washington, DC; Seth M. Cohen, Kirkland & Ellis LLP, San Francisco, CA; Patrick J. Nash, Jr., Kirkland & Ellis LLP, Chicago, IL; Brian Schartz, Kirkland & Ellis LLP, New York, NY; Laura Davis Jones, Peter J. Keane, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for appellees.

    Case Number: 2410140 (JTD)

    Court denied stay of bankruptcy court contempt and preliminary injunction orders pending appeal where defendants were unlikely to succeed on the merits of their claims against the orders and where the orders would not irreparably harm defendants by requiring them to produce ordered discovery or merely preventing them from transferring or using claimed funds under their control.

  • ECB USA, Inc. v. Savencia, S.A.

    Publication Date: 2024-07-23
    Practice Area: Civil Procedure
    Industry: Food and Beverage | Insurance | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Stephen G. Harvey, Steve Harvey LLC, Philadelphia, PA; Joel S. Magolnick, John E. Kirkpatrick, Marko & Magolnick P.A., Miami, FL for plaintiffs.
    for defendant: David W. Marston Jr., Jody C. Barillare, Brian Morris, Morgan Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Margot G. Bloom, Su Jin Kim, Morgan Lewis & Bockius LLP, Philadelphia, PA; Michael J. Ableson, Morgan Lewis & Bockius LLP, New York, NY for defendants.

    Case Number: 19-cv-731-GBW-CJB

    Court declined to rule on objection to denial of privilege waiver where there were genuine issues of material fact over party's control over its subsidiary, which underpinned the claim that the party caused the subsidiary to disclose privileged information to third parties.

  • Bolton v. Ford Motor Co.

    Publication Date: 2024-07-23
    Practice Area: Consumer Protection
    Industry: Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Timothy N. Mathews, Alex M. Kashurba, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Haverford, PA; Russell D. Paul, Abigail J. Gertner, Amey J. Park, Natalie Lesser, Berger Montague PC, Wilmington, DE; Tarek H. Zohdy, Cody R. Padgett, Laura E. Goolsby, Capstone Law APC, Los Angeles, CA for plaintiffs.
    for defendant: Christian J. Singewald, White & Williams, Wilmington, DE for defendant.

    Case Number: 23-00632-GBW

    Court declined to dismiss vehicle defect claims where plaintiffs sufficiently identified the nature of the defect and claimed losses beyond that which would be compensated through the manufacturer's recall program.

  • Zimmerman v. Int'l Longshoreman's Ass'n Local 1694

    Publication Date: 2024-07-09
    Practice Area: Labor Law
    Industry: Cargo and Shipping
    Court: U.S. District Court of Delaware
    Judge: District Judge Groves
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:22-CV-01192-JCG

    Court declined to dismiss breach of CBA and tort claims against employer where former employee adequately pled that employer did not believe employee intentionally stole from the company and subsequently took steps to frustrate employee's efforts to obtain new employment.

  • ECB USA, Inc. v. Savencia, S.A.

    Publication Date: 2024-07-09
    Practice Area: Civil Procedure
    Industry: Food and Beverage | Legal Services | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Stephen G. Harvey, Steve Harvey LLC, Philadelphia, PA; Joel S. Magolnick, John E. Kirkpatrick, Marko & Magolnick P.A., Miami, FL for plaintiffs.
    for defendant: David W. Martson Jr., Jody C. Bariilare, Brian Morris, Morgan Lewis & Bockius LLP, Wilmington, DE; Troy S. Brown, Margot G. Bloom, Su Jin Kim, Morgan Lewis & Bockius LLP, Philadelphia, PA; Michael J. Abelson, Morgan, Lewis & Bockius LLP, New York, NY for defendants.

    Case Number: 19-cv-731-GBW-CJB

    Court was not obligated to consider evidence of party asserting attorney-client privilege when ordering an evidentiary hearing where opposing party made a prima facie case for application of the crime-fraud exception.