• Giuliano v. Ferdinand

    Publication Date: 2018-06-20
    Practice Area: Bankruptcy | Corporate Governance
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68186

    In this adversary proceeding, the bankruptcy court determined that the trustee failed to allege claims for cor-porate waste, but the court granted and denied various parts of defendants' motions to dismiss the fraud, breach of fiduciary and fraudulent transfer claims.

  • State of Delaware v. Ferinden

    Publication Date: 2018-06-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Jenna R. Milecki for the state
    for defendant: Joe Hurley for defendant.

    Case Number: D68188

    In this criminal proceeding involving two alleged sexual abuse victims, the court concluded that severance was not necessary, because the crimes were of the same general character, involved a similar course of conduct and took place within a brief span of time.

  • Elsey-Jones v. Gullion

    Publication Date: 2018-06-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68184

    NIED claim arising from fatal vehicle-pedestrian accident immediately following plaintiff's own motor vehicle accident failed where motorists owed no duty not to strike pedestrians in view of others and where plaintiff did not witness impact and had no personal relationship with pedestrian.

  • Integra LifeSciences Corp. v. HyperBranch Med. Tech., Inc.

    Publication Date: 2018-06-20
    Practice Area: Expert Witnesses | Patent Litigation
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Karen L. Pascale, James L. Higgins, Robert F. Altherr, Jr., Christopher B. Roth, Jason S. Shull and John P. Iwanicki for plaintiffs
    for defendant: Thomas C. Grimm, Jeremy A. Tigan, Stephen J. Kraftschik, Jonathan G. Graves, Adam M. Pivovar, James P. Hughes, Stephen C. Crenshaw, Lisa F. Schwier, Nicholas G. Lockhart and Naina Soni for de-fendant.

    Case Number: D68187

    The parties were not entitled to exclude expert testimony because the opinions were reasonably reliable, and summary judgment was proper as to the issue of whether a two-player market existed.

  • Certisign Holding, Inc. v. Kulikovsky

    Publication Date: 2018-06-20
    Practice Area: Corporate Governance
    Industry: Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Michael A. Pittenger, Jaclyn C. Levy, Jay G. Stirling, and Tyson J. Prisbrey, Potter Anderson & Corroon LLP, Wilmington, DE, attorneys for plaintiff
    for defendant: David J. Margules, Elizabeth A. Sloan, and Suzanne O. Lufadeju, Ballard Spahr LLP, Wilmington, DE; William B. Igoe, Ballard Spahr LLP, Philadelphia, PA, attorneys for defendant.

    Case Number: D68182

    Directors' demand for transfer of stock ownership and repayment of personal loan in exchange for agreeing to ratify defective corporate acts constituted breach of fiduciary duty of loyalty.

  • Delaware Law Weekly

    Carney Appeals Decision Scrapping Del. Courts' Party-Balance Requirement

    June 20, 2018

    Gov. John Carney is appealing a federal district court ruling last year striking down a provision of the Delaware Constitution that requires party balance on key state courts.

  • Two Farms, Inc. v. Davis, Bowen & Friedel, Inc.

    Publication Date: 2018-06-20
    Practice Area: Real Estate
    Industry: Food and Beverage | Retail
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Shawn P. Tucker, Richard L. Abbott and Patrick McGrory.
    for defendant: N/A

    Case Number: D68189

    Defendant was not entitled to recover on its counterclaim for libel because plaintiff had an absolute privilege to allege matters in its complaint which related to its fraud claim.

  • Delaware Law Weekly

    Click here to download this week's issue

    June 20, 2018

    Delaware Law Weekly Newspaper

  • Edinburgh Holdings, Inc. v. Educ. Affiliates, Inc.

    Publication Date: 2018-06-20
    Practice Area: Contracts | Mergers and Acquisitions
    Industry: Education
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Ryan P. Newell and Kyle Evans Gay, Connolly Gallagher LLP, Wilmington, DE; Lee M. Whitman and Samuel A. Slater, Wyrick Robbins Yates & Ponton LLP, Raleigh, NC, attorneys for plaintiff
    for defendant: Douglas D. Herrmann and Christopher B. Chuff, Pepper Hamilton LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D68183

    Breach of implied covenant of good faith and fair dealing, fraudulent inducement, and breach of fiduciary duty claims dismissed as improperly duplicative of breach of contract claim where alleged implied covenants, fiduciary duties, and fraudulent inducement solely involved opposing party's contractual obligations.

  • Davis v. HealthSouth

    Publication Date: 2018-06-20
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Heather A. Long for appellant Davis
    for defendant: Morgan A. Sack for appellee HealthSouth.

    Case Number: D68185

    The Industrial Accident Board was free to choose between conflicting medical opinions, and its decision was supported by substantial evidence.