• Newsome v. Lawson

    Publication Date: 2018-01-17
    Practice Area: Civil Procedure | Discovery
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Laura Davis Jones, James E. O'Neill, Ali M.M. Mojdehi and Janet Dean Gertz for plaintiff
    for defendant: James W. Semple, Paula J. Quillin and Joseph R. Farris for defendants.

    Case Number: D68011

    Attorneys who formerly engaged in joint representation were not allowed to withhold documents based on a non-party joint clients objection to disclosure, and the attorney-client privilege did not apply to communications relevant to the matter of common interest for which they were retained as joint attorneys.

  • Harris v. Boston Scientific Corp.

    Publication Date: 2018-01-17
    Practice Area: Products Liability
    Industry: Biotechnology | Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni PA; Christine V. Clarke and Chris A. Gomez, Kline & Specter, PC, attorneys for plaintiff
    for defendant: Colleen D. Shields, Eckert Seamans Cherin & Mellott, LLC, attorneys for defendant.

    Case Number: D68007

    Jury verdict in favor of defendant in medical products liability case not against weight of evidence, where jury could find that complication rate of plaintiffs specific injury of less than one percent was not indicative of the products dangerousness, and could believe testimony that it was reasonable for defendant to rely on clinical testing of similar devices.

  • Noven Pharm., Inc v. Actavis Lab. UT, Inc.

    Publication Date: 2018-01-17
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Jack B. Blumenfeld and Stephen J. Kraftschik, Morris, Nichols Arsht & Tunnell LLP, Wilmington, DE; Liane M. Peterson and Ryan A. Schmid, Foley & Lardner LLP, Washington, DE; Steven J. Rizzi, Ramy E. Hanna, and Jayita Guhaniyogi, Foley & Lardner LLP, New York NY; Rebecca J. Pirozzolo-Mellowes, Foley & Lardner LLP, Milwaukee, WI, attorneys for plaintiff and third-party defendant
    for defendant: Steven J. Fineman and Katharine L. Mowery, Richards, Layton & Finger P.A., Wilmington, DE; James K. Stronski, Jacob Z. Zambrizycki, Anne E.H. Li, and Preetha Chakrabarti, Crowell & Moring LLP, New York, NY; Chiemi D. Suzuki, Crowell & Moring LLP, Los Angeles, CA; Craig P. Lytle, Crowell & Moring LLP, Washington, DC, attorneys for defendant.

    Case Number: D68008

    Plaintiff was barred by prosecution history estoppel from asserting infringement under doctrine of equivalents where limitation amended to claim was added specifically in response to reject to distinguish claim from prior art.

  • Donovan Smith HOA v. Donovan Smith MHP, LLC

    Publication Date: 2018-01-17
    Practice Area: Dispute Resolution | Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brady
    Attorneys: For plaintiff: Brian S. Eng for appellant
    for defendant: Seth L. Thompson for appellee.

    Case Number: D68010

    The owner of a mobile home park met the requirements of the Rent Justification Act with regard to a proposed rent increase where rent at the subject park was significantly lower than for comparable parks, and no health or safety concerns existed.

  • Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd.

    Publication Date: 2018-01-17
    Practice Area: Mergers and Acquisitions
    Industry: Hardware | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor Valihura
    Attorneys: For plaintiff: Gregory P. Williams, John D. Hendershot, Susan M. Hannigan, Andrew J. Peach, John L. Latham, Su-san E. Hurd, Gidon M. Caine and Charles W. Cox for Dell, Inc.
    for defendant: Stuart M. Grant, Michael J. Barry, Christine M. Mackintosh, Rebecca A. Musarra, Samuel T. Hirzel, II, Melissa N. Donimirski, Lawrence M. Rolnick and Steven M. Hecht for petitioners.

    Case Number: D68009

    In this appraisal proceeding, the trial court erred because its valuation did not flow from the factual findings and was not consistent with accepted financial principles.

  • Griffith v. Energy Independence

    Publication Date: 2018-01-10
    Practice Area: Contracts | Personal Injury
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Robert C. Collins, Schwartz & Schwartz, Dover, DE; Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Patrick M. McGrory and Jason J. Cummings, Tighe & Cottrell, P.A., Wilmington, DE, attorneys for defendants.

    Case Number: D67999

    Plaintiff could assert claim for negligence arising from defendants performance of the parties contract, and was statutorily authorized to bring claim for negligent construction or renovation of residential property.

  • Lavin v. West Corp.

    Publication Date: 2018-01-10
    Practice Area: Corporate Governance | Mergers and Acquisitions
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer, David M. Sborz, Randall J. Baron, David T. Wissbroecker, Christopher H. Lyons and W. Scott Holleman for plaintiff
    for defendant: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk, Walter C. Carlson, Nilofer I. Umar and Elizabeth Y. Austin for de-fendant.

    Case Number: D68002

    A stockholder was entitled to request books and records to investigate possible breaches of fiduciary duty by corporate officers and directors where the stockholder presented some evidence of mismanagement or wrongdoing.

  • Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corp.

    Publication Date: 2018-01-10
    Practice Area: Contractual Disputes | Transportation
    Industry: Energy | Transportation
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Michael F. Bonkowski, Nicholas J. Brannick for plaintiff
    for defendant: Ross A. Mortillaro, Michael P. Aigen, J. Michal Zapendowski, Lawrence Lee Budner, Mary F. Dugan, John Zavitsanos, Debora Simon Pacholder and Edward Goolsby for defendant.

    Case Number: D68004

    The parties agreement regarding transportation services expired by its own terms, and shortfall payment obligations did not apply to services provided by plaintiff after the expiration.

  • LSVC Holdings, LLC v. Vestcom Parent Holdings, Inc.

    Publication Date: 2018-01-10
    Practice Area: Contractual Disputes | Mergers and Acquisitions
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Lewis H. Lazarus, Stephen C. Hackney and Timothy W. Knapp for plaintiff
    for defendant: William M. Lafferty, Alexandra M. Cumings, Jody C. Barillare, Kevin O'Mara, Kenneth I. Schacter and Michael E. Tracht for defendant.

    Case Number: D68003

    The parties sale agreement permitted the business to claim transactional tax deductions pre-closing, without having to share those deductions with the purchaser.

  • In re: Fresh-G Rest. Intermediate Holding, LLC

    Publication Date: 2018-01-10
    Practice Area: Bankruptcy | Creditors' and Debtors' Rights
    Industry: Food and Beverage
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Scott J. Leonhardt, The Rosner Law Group, LLC, Wilmington, DE; J. Ted Donovan, Goldberg Weprin Finkel Goldstein LLP, New York, NY, attorneys for objector
    for defendant: Mette H. Kurth and L. John Bird, Fox Rothschild LLP, Wilmington, DE, attorneys for purchaser.

    Case Number: D68000

    Cure of monetary default under a lease meant that timely exercise of lease renewal option was rendered valid.