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  • White Winston Select Asset Funds, LLC v. Good Times Rest., Inc.

    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.

  • Marqunez v. Dole Food Co. Inc.

    Publication Date: 2024-02-05
    Practice Area: Mass Torts
    Industry: Agriculture | Chemicals and Materials | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Andrew C. Dalton, Dalton & Associates P.A., Wilmington, DE; Scott M. Hendler, Hendler Flores Law, Austin, TX for plaintiffs.
    for defendant: Jennifer C. Wasson, Potter Anderson & Corroon LLP, Wilmington, DE; Ryan D. Stottmann, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Adam V. Orlacchio, Blank Rome LLP, Wilmington, DE; Kelly E. Farnan, Richards, Layton & Finger, Wilmington, DE; John C. Phillips, Jr., Phillips Goldman & Spence P.A., Wilmington, DE; Andrea E. Neuman, Mary Beth Maloney, Gibson, Dunn & Crutcher LLP, New York, NY; William E. Thomson, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Michael L. Brem, Schirrmeister Diaz-Arrastia Brem LLP, Houston, TX for defendants.
    Case Number: 12-695-RGA

    Court declined to grant summary judgment for defendants where the parties' joint expert persuasively opined that plaintiffs' complaint qualified as a protective action under relevant Ecuadoran law, making plaintiffs' claims not time-barred under the Delaware borrowing statute.

  • Hulton v. Artesian Water Co.

    Publication Date: 2024-01-08
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Jennifer Hulton, Lincoln University, PA, plaintiff pro se.
    for defendant: Lauren Elizabeth Moak Russell, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
    Case Number: 22-1584 (MN)

    Employer was entitled to summary judgment where employee failed to rebut employer's legitimate, performance-based reasons for termination to show that those reasons were a pretext for disability discrimination.

  • Cent. States, Se. & Sw. Areas Pension Fund v. Laguna Dairy

    Publication Date: 2023-12-04
    Practice Area: Labor Law
    Industry: Agriculture | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Hughes
    Attorneys: For plaintiff: William D. Sullivan, Sullivan Hazeltine Allison LLC, Wilmington, DE; Andrew J. Henrik, Sullivan Hazeltine Allison LLC, Rosemont, IL for plaintiffs.
    for defendant: Rudolf Koch, Jason J. Rawnsley, Richards, Layton & Finger, P.A., Wilmington, DE; James L. Bromley, Andrew J. Finn, Zachary R. Ingber, Sullivan & Cromwell LLP, New York, NY for defendants.
    Case Number: 22-1135-TMH

    Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.

  • Cargill, Inc. v. Rossi

    Publication Date: 2023-10-30
    Practice Area: Labor Law
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A, Wilmington, DE for plaintiff.
    for defendant: John A. Sensing, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
    Case Number: N23C-03-047 SKR CCLD

    Court lacked personal jurisdiction over former employee in non-compete breach action where forum selection clause was expressly limited to jurisdiction in the chancery court, rather than any state or federal court sitting in and for Delaware.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Fowler v. Perdue Farms, Inc.

    Publication Date: 2023-10-30
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for appellant.
    for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: K23A-01-001 NEP

    Although worker contracted COVID-19 in an area of the workplace where the risk of transmission was greater than the general risk attending employment, that increased risk was not linked to any peculiar or specific aspect of the worker's job and thus his COVID-19 did not qualify as an occupational disease.

  • United States v. United States Sugar Corp.

    Publication Date: 2023-08-07
    Practice Area: Mergers and Acquisitions
    Industry: Federal Government | Food and Beverage | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff: Jonathan S. Kanter, Doha Mekki, Maggie Goodlander, David B. Lawrence, Daniel E. Haar, Nikolai G. Levin, Peter M. Bozzo, Brian Hanna, Jonathan Y. Mincer, U.S. Department of Justice Antitrust Division, Washington, DC for plaintiff-appellant.
    for defendant: Melissa Arbus Sherry, Amanda P. Reeves, Lindsey S. Champlin, David L. Johnson, Charles S. Dameron, Latham & Watkins LLP, Washington, DC; Lawrence E. Buterman, Latham & Watkins LLP, New York, NY; Christopher S. Yates, Latham & Watkins LLP, San Francisco, CA; Jack B. Blumenfeld, Brian P. Egan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Timothy G. Cameron, Peter T. Barbur, David R. Marriott, Daniel K. Zach, Michael K. Zaken, Lindsey J. Timlin, Hannah L. Dwyer, Cravath, Swaine & Moore LLP, New York, NY; Amanda L. Wait, Norton Rose Fulbright US LLP, Washington, DC; Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Peter J. Schwingler, Stinson LLP, Minneapolis, MN; Daniel K. Hogan, Hogan McDaniel, Wilmington, DE for defendant-appellees.
    Case Number: 22-2806

    Rather than employ the hypothetical monopolist test analysis for determining product market under Section 7 of the Clayton Act, the Third Circuit affirmed the District Court's analysis using the actual market for refined sugar as the product market definition.

  • MirTech, Inc. v. AgroFresh, Inc.

    Publication Date: 2023-06-27
    Practice Area: Patent Litigation
    Industry: Agriculture | Food and Beverage | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs.
    for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant.
    Case Number: 20-1170-RGA

    Court denied reargument after granting partial summary judgment on defendant's counterclaim, where plaintiffs had waived some of their arguments by failing to raise them during summary judgment proceedings and defendant's supplemental discovery responses could serve as a basis for reargument where parties had an obligation to correct erroneous or incomplete discovery responses.

  • MirTech, Inc. v. AgroFresh, Inc.

    Publication Date: 2023-05-16
    Practice Area: Contracts
    Industry: Agriculture | Consulting | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs.
    for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant.
    Case Number: 20-1170-RGA

    Court granted reargument and reconsidered summary judgment motion where it initially decided the motion based on outdated and incorrect information cited by the opposing party.

  • Marquinez v. Dole Food Co. Inc.

    Publication Date: 2023-05-02
    Practice Area: Fee Disputes
    Industry: Agriculture | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 12-cv-695-RGA-SRF

    Plaintiffs moved to allocate in whole or in part the costs of the court-appointed expert witness on Ecuadorian law.