• 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.

  • 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.

  • 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.

  • 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.

  • Steinberg v. Bearden

    Publication Date: 2018-06-13
    Practice Area: Corporate Governance
    Industry: Software
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Seth D. Rigrodsky, Brian D. Long, Gina M. Serra and Jeremy J. Riley for plaintiff
    for defendant: Elena C. Norman, Jordan Eth, Anna Erickson White and Ryan Keats for defendants.

    Case Number: D68179

    In this derivative action, the shareholder failed to demonstrate that pre-suit demand was excused.

  • City of N. Miami Beach Gen. Emps.' Ret. Plan v. Dr Pepper Snapple Grp., Inc.

    Publication Date: 2018-06-13
    Practice Area: Mergers and Acquisitions
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Michael J. Barry, Jeff A. Almeida, and Laina M. Herbert, Grant & Eisenhofer P.A., Wilmington, DE; Mark Lebovitch and John Vielandi, Bernstein Litowitz Berger & Grossman LLP, New York, NY, attorneys for plaintiffs
    for defendant: S. Mark Hurd, Melissa A. DiVincenzo, Eric S. Klinger-Wilensky, and Alexandra Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brian A. Herman, Morgan, Lewis & Bockius LLP, New York, NY; Jason H. Wilson, Morgan, Lewis & Bockius LLP, Philadelphia, PA; Paul J. Lockwood, Joseph O. Larkin, Sarah R. Martin, Alyssa S. O'Connell, and Michelle L. Davis, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D68175

    Stockholders were not entitled to statutory right of appraisal where their stock was not in a constituent corporation as the merger was being effected by a merger subsidiary and where stockholders would retain their shares following merger.

  • The Marilyn Abrams Living Trust v. Pope Inv. LLC

    Publication Date: 2018-06-13
    Practice Area: Corporate Entities
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Thomas E. Hanson, Jr. and Jeffrey R. Blackwood for plaintiff
    for defendant: Jonathan M. Stemerman for defendants.

    Case Number: D68180

    A party that was awarded expenses under the bad faith exception to the American Rule was not entitled to re-cover expenses incurred on a subsequent appeal, nor was it able to recover additional fees incurred at the trial level.

  • Garrett v. Amazon.com, Inc.

    Publication Date: 2018-06-13
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Slights
    Attorneys: For plaintiff: Portia Garrett, pro se appellant
    for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE, attorney for appellee.

    Case Number: D68176

    Industrial Accident Board was not obligated to strictly follow evidentiary rules and therefore did not err in denying workers' compensation claim, in part based on hearsay evidence.

  • WNYH, LLC v. AccuMED Corp.

    Publication Date: 2018-06-13
    Practice Area: Contracts | Deals and Transactions
    Industry: Biotechnology
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Kevin G. Abrams, Matthew L. Miller, Christopher R. Rodi and Brian J. Capitummino for plaintiff
    for defendant: Gregory v. Varallo and Susan M. Hannigan for defendants.

    Case Number: D68181

    The parties to a sale agreement did not condition the transaction on tax-free status, so the seller did not have a breach of contract claim against the buyer, but the court refused to dismiss a claim relating to an escrow ac-count, because the parties' escrow settlement agreement was ambiguous.