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Publication Date: 2024-04-15
Practice Area: Contractual Disputes
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Ryan J. Morley, John W. Hofstetter, Littler Mendelson, P.C., Cleveland, OH for plaintiffs.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; David E. Rothstein, Rothstein Law Firm, PA, Greenville, SC for defendant.
Case Number: 22-319 (MN)
Although court found most of former employee's restrictive covenants enforceable as reasonably tailored to protect employer's legitimate economic interests, it granted employee judgment where former employer failed to present evidence at trial proving that employee breached any enforceable covenant.
Publication Date: 2024-03-26
Practice Area: Health Care Law
Industry: Distribution and Wholesale | Federal Government | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Slights
Attorneys: For plaintiff: Dylan J. Steinberg, United States Department of Justice, Wilmington, DE; Adam E. Lyons, Amanda N. Liskamm, Joshua Fowkes, Kathleen B. Gilchrist, Katherine M. Ho, United States Department of Justice, Washington, DC for plaintiff.
for defendant: Kelly E. Farnan, Robert W. Whetzel, Richards, Layton & Finger, P.A., Wilmington, DE; Laura Jane Durfee, Jones Day, Columbus, OH; Yaakob M. Roth, Kristen A. Lejnieks, William G. Laxton, Jr., Jones Day, Washington, DC; Andrew J. Junker, Jason S. Varnado, Jones Day, Houston, TX; Karen P. Hewitt, Jones Day, San Diego, CA; David W. Ogden, Charles C. Speth, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC for defendants.
Case Number: 20-1744-CFC
Pharmacy operator did not commit unlawful violations of the Controlled Substances Act where reporting of suspicious drug orders was not yet required by the act and where the allegedly violated regulations promulgated under the CSA were inconsistent with the act's express prohibitions.
Publication Date: 2024-03-26
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Placide Umuhoza, Smyrna, DE, pro se plaintiff.
for defendant: Jennifer C. Bebko Jauffert, Puja Upadhyay, Richards, Layton & Finger, P.A. for defendants.
Case Number: 23-552 (MN)
Court dismissed employment discrimination action for lack of sufficient allegations supporting an inference of national origin discrimination.
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.
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.
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Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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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: 2024-03-11
Practice Area: Securities Litigation
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Marcos D. Jimenez, Marcos D. Jimenez, P.A., Miami, FL for plaintiffs.
for defendant: Ryan P. Newell, Lakshmi A. Muthu, Tara C. Pakrouh, Michael A. Carbonara, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Heyden, Jr., Joseph E. Brenner, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
Case Number: 2020-1004-SG
Although defendant prevailed on some claims asserted by plaintiff, plaintiff was the prevailing party in the overall litigation as the central issue in the case was the validity and enforceability of the parties' contracts, and thus plaintiff was entitled to legal fees and costs under the contractual fee-shifting provisions.
Publication Date: 2024-03-04
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Lugg
Attorneys: For plaintiff: Michael Mongeluzzi, Joseph DeAngelo, Barrett DeAngelo, LLC, West Chester, PA; Linda Malkin, Kimmel Carter Roman Peltz & O’Neil, P.A., Wilmington, DE for plaintiff.
for defendant: Joseph Drnec, Phillip Casale, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Bradley Goewert, Thomas Marcoz, Marshall Dennehey, P.C., Wilmington, DE for defendants.
Case Number: N20C-09-182 SPL
Although expert testimony established nurses' deviation from the applicable standards of care, they were entitled to summary judgment when plaintiff's experts could not opine with reasonable medical certainty that their deviation proximately caused plaintiff's injury.
Publication Date: 2024-03-04
Practice Area: Bankruptcy
Industry: Health Care | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-10541 (TMH)
Court required pro se litigants to submit filings for court screening as a sanction for litigants' abusive litigation conduct in the form of repeated meritless pleadings and filings.
Publication Date: 2024-03-04
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Joshua J. Inkell, Daniel P. Hagelberg, Hudson, Castle & Inkell, LLC, Wilmington, DE for plaintiffs.
for defendant: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE; Francis J. Deasey, Matthew J. Junk, Deasey Mahoney & Valentini, Ltd., Philadelphia, PA for defendants.
Case Number: N22C-08-118 DJB
Healthcare power of attorney granting attorney-in-fact authority to contract for healthcare services on behalf of the principal was sufficient to confer authority for attorney-in-fact to sign arbitration agreement as part of principal's admission paperwork for skilled nursing facility.
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