• Schnatter v. Papa John's Int'l, Inc.

    Publication Date: 2019-01-30
    Practice Area: Corporate Governance
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Peter B. Ladig, Brett M. McCartney and Elizabeth A. Powers, Bayard, P.A. Wilmington, DE; Garland A. Kelley, Glaser Weil LLP, Los Angeles, CA for plaintiff.
    for defendant: Blake Rohrbacher, Robert L. Burns, Brian F. Morris and Kevin M. Regan, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.

    Case Number: D68444

    A company failed to demonstrate that a director's request for records was made for an improper purpose, so the court required the company to provide relevant documents, including emails and text messages.

  • United States of America v. Cook

    Publication Date: 2019-01-16
    Practice Area: Criminal Law
    Industry: Financial Services and Banking | Distribution and Wholesale | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Whitney C. Cloud and Lesley F. Wolf, Assistant United States Attorneys, Wilmington, DE for the United States of America.
    for defendant: Thomas E. Carluccio, Law Office of Thomas E. Carluccio, Plymouth Meeting, PA; Frank G. Fina, Law Office of Frank G. Fina, Plymouth Meeting, PA for defendant.

    Case Number: D68429

    The court denied a motion in limine where the evidence that the government sought to introduce was not intrinsic to the offenses charged in the indictment.

  • Holben v. Pepsi Bottling Ventures, LLC

    Publication Date: 2018-12-26
    Practice Area: Administrative Law | Attorney Compensation
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE for claimant.
    for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE for Pepsi Bottling Ventues, LLC.

    Case Number: D68404

    An employee was not entitled to a presumption that her post-injury wages equaled her post-injury earning power, so her partial disability benefits were properly reduced.

  • W & C Catts Family Ltd. P'ship v. The Town of Dewey Beach

    Publication Date: 2018-12-12
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: John W. Paradee, Glenn C. Mandalas and Daniel F. McAllister, Mandalas & Brockstedt, Dover, DE for appellant.
    for defendant: Veronica O. Faust, Morris James, LLP, Rehoboth Beach, DE; Michael J. Hoffman, Tarabicos Grosso, LLP, New Castle, DE for appellees.

    Case Number: D68387

    A property owner abandoned a nonconforming use of an eatery for at least one year, and the property was subject to floodplain district requirements.

  • Lampkins v. Mitra QSR, LLC

    Publication Date: 2018-12-12
    Practice Area: Employment Litigation | Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Patrick C. Gallagher and Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Richard A. Barkasy and Daniel M. Pereira, Schnader, Harrison, Segal & Lewis LLP, Wilmington, DE; Jo Bennett and Samantha Banks of Schnader, Harrison, Segal & Lewis LLP, Philadelphia, PA for defend-ants.

    Case Number: D68389

    Genuine issues of material fact existed as to a former employee's claims involving constructive discharge and a hostile working environment, but she was not entitled to recovery under the Fair Labor Standards Act.

  • Wenske v. Blue Bell Creameries, Inc.

    Publication Date: 2018-11-28
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Jessica Zeldin of Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Scott G. Burdine and David E. Wayne of Burdine Wynne LLP, Houston, TX for plaintiffs
    for defendant: Timothy R. Dudderar and Travis R. Dunkelberger of Potter Anderson & Corroon LLP for Blue Bell de-fendants; Srinivas M. Raju and Kelly L. Freund of Richards, Layton & Finger, P.A., Wilmington, DE for defendants Bridges and Kruse.

    Case Number: D68371

    Plaintiffs failed to allege sufficient facts to rebut the presumption of corporate separateness between a parent company and its subsidiary, and their conclusory allegations did not support theories for piercing the corporate veil or joint venture liability.

  • Post Holdings, Inc. v. NPE Seller Rep LLC

    Publication Date: 2018-11-14
    Practice Area: Corporate Entities | Deals and Transactions
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Rodger D. Smith II, Ryan D. Stottmann and Alexandra M. Cumings of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Richard B. Walsh, Jr. and Evan Z. Reid of Lewis Rice LLC, St. Louis, MO for plaintiffs.
    for defendant: Kevin R. Shannon, Christopher N. Kelly and Jay G. Stirling of Potter, Anderson & Corroon LLP, Wil-mington, DE; William C. O'Neil, Jeffrey J. Huelskamp and Michael A. Meneghini of Winston & Strawn LLP, Chicago, IL for defendants.

    Case Number: D68356

    Plaintiffs could not enjoy benefits under the contract while refusing to perform their obligations under it.

  • Daily Business Review

    Not Enough Meat on Case Against McDonald's Quarter Pounder, Court Rules

    November 05, 2018

    The court slapped down a South Florida couple's putative class action lawsuit, which sought $5 million in damages and claimed McDonald's was wrong to force diners to pay for cheese on Quarter Pounder and Double Quarter Pounder burgers, whether or not they wanted it.

  • Flood v. Synutra Int'l, Inc.

    Publication Date: 2018-10-24
    Practice Area: Corporate Governance | Mergers and Acquisitions | Securities Litigation
    Industry: Food and Beverage
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Ryan M. Ernst, Daniel P. Murray,O'Kelly Ernst & Joyce, LLC, Wilmington, DE; Donald J. Enright, Eliza-beth K. Tripodi, Levi & Korsinsky, LLP, Washington, D.C., attorneys for plaintiff
    for defendant: Matthew E. Fischer, Matthew R. Dreyfuss, Potter Anderson & Corroon LLP, Wilmington, DE; Roger A. Cooper, Rishi N. Zutshi, Vanessa C. Richardson, Hana Choi, Cleary Gottlieb Steen & Hamilton LLP, New York, NY, attorneys for defendants Synutra, Jinrong Chen, Lei Lin and Yalin Wu; William M. Laf-ferty, John P. DiTomo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence Portnoy, Re-becca L. Martin, Davis Polk & Wardwell LLP, New York, NY, for defendants Liang Zhang, Xiuqing Meng and Beams Power Investment Ltd.

    Case Number: D68329

    The business judgment rule applied, even though a controller's initial offer did not contain the required condi-tions, because he provided a second letter containing those conditions prior to any action by the special com-mittee.

  • Marchand v. Barnhill

    Publication Date: 2018-10-10
    Practice Area: Corporate Entities
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Robert J. Kriner, Jr., Vera G. Belger, Michael Hawash and Jourdain Poupore, attorneys for plaintiff
    for defendant: Timothy R. Dudderar, Travis R. Dunkelberger,; Srinivas M. Raju and Kelly L. Freund, attorneys for defendants.

    Case Number: D68312

    Derivative breach of fiduciary duty claim failed where plaintiff failed to make or excuse pre-suit litigation demand upon the board, the majority of whom were sufficiently disinterested to exercise independent judgment of such demand, and where plaintiff had failed to plead the requisite scienter for a failure of oversight claim levied against directors.