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  • United States v. Esham

    Publication Date: 2023-10-16
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-3203

    Evidence was sufficient to convict doctor for distribution and conspiracy where the jury was free to credit the government's expert's opinion that the doctor's prescriptions fell outside the bounds of legitimate medical purposes and recorded conversations could permit an inference that the doctor was aware of his role in the distribution scheme.

  • Garfield v. Shutterfly, Inc.

    Publication Date: 2021-06-09
    Practice Area: Securities Litigation
    Industry: E-Commerce | Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor, Wilmington, DE; Adam Frankel, Greenwich Legal Associates, Greenwich, CT; Juan E. Monteverde, Miles D. Schreiner, Monteverde & Associates, New York, NY for appellant.
    for defendant: Lewis R. Clayton, Paul A. Paterson, Justin Ward, Paul Weiss, Rifkind Wharton & Garrison, New York, NY; Daniel A. Mason, Paul Weiss Rifkind Wharton & Garrison, Wilmington, DE for appellee.
    Case Number: D69423

    Proxy statement in support of shareholder approval of merger was not materially misleading where share values were expressly identified as the calculations of the company's financial advisor, rather than statements of fact, and the proxy identified the projections that were used to calculate each particular set of share values.

  • Arcelik A.S. v. E.I. DuPont De Nemours & Co.

    Publication Date: 2021-06-02
    Practice Area: Products Liability
    Industry: Chemicals and Materials | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff: Benjamin Garrett Minegar, Jones Day, Pittsburgh, PA: Lawrence D. Rosenberg, Jones Day, Washington, DC; Jason J. Rawnsly, Richards Layton & Finger, Wilmington, DE for appellants.
    for defendant: John A. Sensing, Potter Anderson & Corroon, Wilmington, DE for appellee.
    Case Number: D69414

    Denial of motion to vacate letters of request affirmed where the denial was not clearly erroneous as balance of factors of international comity weighed in favor of granting litigant's request to seek extraterritorial discovery from a non-party in support of its claims in the underlying legal action.

  • Blattman v. C3, Inc.

    Publication Date: 2021-03-03
    Practice Area: Mergers and Acquisitions
    Industry: Software
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff: Timothy J. Houseal, Young Conaway Stargatt & Taylor, Wilmington, DE; John M. McNichols, Stephen D. Raber, Williams & Connolly, Washington, DC for appellants.
    for defendant: Jesse Bernstein, Michael B. Carlinsky, Kathleen M. Sullivan, Quinn Emanuel Urquhart & Sullivan, New York, NY; Kevin P.B. Johnson, David E. Myre, III, Quinn Emanuel Urquhart & Sullivan, Redwood Shores, CA; Derek Shaffer, Quinn Emanuel Urquhart & Sullivan, Washington, DC; Kenneth J. Nachbar, Lauren Neal, Morris Nichols Arsht & Tunnell, Wilmington, DE for appellees.
    Case Number: D69311

    Arbitrary company valuation used to calculate share exchange in merger transaction did not constitute adequate evidence to support damages for a breach of contract claim.

  • 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.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Wilmot v. Marriott Hurghada Management, Inc.

    Publication Date: 2017-10-25
    Practice Area: Civil Procedure | Personal Injury | Premises Liability
    Industry: Hospitality and Lodging
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67917

    Delaware was not a convenient forum for the adjudication of a personal injury claim that arose in Egypt, where the plaintiff was a citizen of the United Kingdom and an adequate alternative forum for adjudication existed in Egypt as well as in the United Kingdom. Affirmed.