• Lincoln Benefit Life Co. v. Wilmington Trust, N.A.

    Publication Date: 2018-04-18
    Practice Area: Insurance Law
    Industry: Financial Services and Banking | Insurance
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph C. Schoell, Jason P. Gosselin, Katherine L. Villaneuva and Christopher F. Petrillo for plaintiff
    for defendant: Steven L. Caponi for defendant.

    Case Number: D68113

    Defendant failed to establish overwhelming hardship or other justification for depriving plaintiff of its chosen forum in this insurance matter.

  • Zavala v. Port to Port Intl Corp.

    Publication Date: 2018-04-18
    Practice Area: Administrative Law
    Industry: Cargo and Shipping
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lauren E.M. Russell for Port to Port Int'l Corp.
    for defendant: Carla Jarosz for Unemployment Ins. Appeal Bd.

    Case Number: D68117

    Substantial evidence existed to support agencys determination that the claimant was terminated from her em-ployment for cause and was not entitled to receive unemployment benefits.

  • Pirinate Consulting Group, LLC v. ERCO Worldwide

    Publication Date: 2018-04-18
    Practice Area: Bankruptcy | Contracts
    Industry: Consulting | Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68114

    In this adversary proceeding, the bankruptcy court determined that a contract which expired by its terms prior to the plan of reorganization was not subject to assumption, but a second agreement was executory and was as-sumed under the plan.

  • LVI Grp. Inv., LLC v. NCM Grp. Holdings, LLC

    Publication Date: 2018-04-18
    Practice Area: Business Torts | Civil Procedure | Mergers and Acquisitions
    Industry: Construction
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Rudolf Koch, Matthew W. Murphy, and Matthew D. Perri, Richards, Layton & Finger, P.A., Wilmington, DE; Steven C. Florsheim, Greg Shinall, Daniel A. Shmikler, Michael G. Dicker, and Trevor K. Scheetz, Sperling & Slater, P.C., Chicago, IL, attorneys for plaintiff
    for defendant: Richard D. Heins, Philip Trainer, Jr., and Hayley M. Lenahan, Ashby & Geddes, Wilmington, DE; Stephen Novack, Donald A. Tarkington, Andrew D. Campbell, Elizabeth C. Wolicki, and Yvette V. Mishev, Novack and Macey, LLP, Chicago, IL, attorneys for defendants.

    Case Number: D68112

    Fraud complaint against majority stakeholder of merged corporation, and the stakeholders principals, maintained where counterparty to merger pled that defendants intentionally directed falsification of merged corporations pre-merger financials.

  • Change Capital Partners Fund I, LLC v. Volt Elec. Sys., LLC

    Publication Date: 2018-04-18
    Practice Area: Civil Procedure | Contracts
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Kate Harmon, Rafael X. Zahralddin, and Shelley A. Kinsella, Elliot Greenleaf, P.C., Wilmington, DE, attorneys for plaintiff
    for defendant: Marc S. Casarino, White and Williams LLP, Wilmington, DE, attorney for defendants.

    Case Number: D68110

    Contractual choice-of-law provision upheld where proposed default states did not have connection to underlying transaction nor did they have fundamental public policy contrary to chosen states law.

  • Carr v. New Enter. Assocs., Inc.

    Publication Date: 2018-04-11
    Practice Area: Corporate Governance
    Industry: Biotechnology | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: T. Brad Davey and Matthew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Barry S. Pollack and Joshua L. Solomon, Pollack Solomon Duffy LLP, Boston, MA, attorneys for plaintiff
    for defendant: Herbert W. Mondros and Krista R. Samis, Margolis Edelstein, Wilmington, DE; Michael f. Bonkowski and Nicholas J. Brannic, Cole Schotz P.C., Wilmington, DE; Roger A. Lane, Courtney Worcester, and Jasmine D. Coo, Foley & Lardner LLP, Boston, MA; Angelica Boutwell, Foley & Lardner LLP, Miami, FL, attorneys for defendants.

    Case Number: D68103

    Breach of fiduciary duty claims dismissed against parties not part of controlling stockholders control group, but maintained where demand excused by director conflicts that called transaction fairness into question.

  • In re: Deb Stores Holding LLC

    Publication Date: 2018-04-11
    Practice Area: Bankruptcy
    Industry: Manufacturing | Retail
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68104

    Discovery in avoidance of transfer action necessary to determine whether creditor-debtor relationship existed, and thus whether there was an antecedent debt or payment made in the ordinary course of business.

  • In re Tesla Motors, Inc. Stockholders Litig.

    Publication Date: 2018-04-11
    Practice Area: Corporate Governance | Mergers and Acquisitions
    Industry: Automotive | Energy | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Jay W. Eisenhofer, James J. Sabella, Michael Hanrahan, Paul A. Fioravanti, Jr., Samuel L. Closic, Ned Weinberger, Ryan T. Keating, Thomas, Curry, Joel Friedlander, Jeffrey M. Gorris, Justin S. Brooks, Randall J. Baron, David T. Wissbroecker, Maxwell R. Huffman, Lee D. Rudy, Eric L. Zagar, Robin Win-chester, Kristen L. Ross, Mark Lebovitch and Jeroen van Kwawegen for plaintiffs
    for defendant: David E. Ross, Garrett B. Moritz, Benjamin Z. Grossberg, William Savitt, Graham W. Meli, Steven Winter and David E. Kirk for defendants.

    Case Number: D68107

    Plaintiffs in this derivative action alleged sufficient facts to show that a minority stockholder was actually a controlling stockholder due to the amount of influence he had over the company and the board.

  • Wypie Inv., LLC v. Homschek

    Publication Date: 2018-04-11
    Practice Area: Commercial Law
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Joel Friedlander, Christopher M. Foulds and Jennifer G. Altman for plaintiff.
    for defendant: na

    Case Number: D68109

    In this commercial dispute, plaintiff was not entitled to proceed on claims involving mere puffery, but the court allowed claims involving concealment and interference with contractual performance to go forward.

  • In Re Allied Nevada Gold Corp.

    Publication Date: 2018-04-11
    Practice Area: Bankruptcy
    Industry: Mining and Resources
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68106

    The bankruptcy court acted properly in dismissing appellants claims as equitably moot, because the plan was substantially consummated and appellants did not timely seek a stay.