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  • Conduent State Healthcare, LLC v. AIG Specialty Ins. Co.

    Publication Date: 2019-07-17
    Practice Area: Insurance Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY; Jennifer C. Wasson and Carla M. Jones, Potter, Anderson & Corroon, LLP, Wilmington, DE for plaintiff.
    for defendant: John L. Reed, Matthew Denn, and Harrison S. Carpenter, DLA Piper LLP, Wilmington, DE, Robert S. Harrell, Mayer Brown LLP, Houston, TX for defendants.
    Case Number: D68631

    Defendants obligated to provide defense costs following state attorney general's issuance of a civil investigative demand to defendants' insured because the demand involved an investigation into Medicaid fraud and constituted a "demand for non-monetary relief" under the terms of defendants' policies.

  • Coyne v. Fusion Healthworks, LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities | Trusts and Estates
    Industry: Health Care | Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Kathleen Coyne, pro se plaintiff.
    for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Wilmington, DE for defendants.
    Case Number: D68558

    Dismissal of deceased LLC member's spouse's claim for proceeds of company-purchased life insurance policy not dismissed where LLC agreement did not terminate upon dissolution, when dissolution reasonably required member vote.

  • Personal Touch Holding Corp. v. Glaubach

    Publication Date: 2019-03-13
    Practice Area: Corporate Governance | Real Estate
    Industry: Health Care | Real Estate
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Blake Rohrbacher, Brian F. Morris and John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan C. Sulli-van and John A. DeMaro of Ruskin Moscou Faltischek, P.C., Uniondale, NY for plaintiff.
    for defendant: Theodore A. Kittila and James G. McMillian, III, Halloran Farkas Kittila LLP, Wilmington, DE for defendant.
    Case Number: D68490

    A corporate officer breached his fiduciary duty by usurping a corporate opportunity to purchase property, so the court awarded damages to the company.

  • Prescient Med. Holdings, LLC v. Lab. Corp. of Am. Holdings

    Publication Date: 2019-02-27
    Practice Area: Antitrust
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Richard H. Cross, Jr., Cross & Simon, LLC, Wilmington, DE; Daniel W. Tarpey and Matthew M. Showel, Tarpey Wix LLC, Chicago, IL for plaintiff. Raymond J. DiCamillo, Chad Shandler and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; Steven F. Barley, Marc A. Marinaccio and J. Robert Robertson, Hogan Lovells US LLP, Washington, DC for Laboratory Corp. of America defend-ants.
    for defendant: Jody C. Barillare, Eric Kraeutler, Steven A. Reed, R. Brendan Fee, Zachary M. Johns and Alexandra M. Lastowski, Morgan, Lewis & Bockius LLP, Wilmington, DE and Philadelphia, PA for AmeriHealth de-fendants.
    Case Number: D68476

    Plaintiff lacked standing to assert an antitrust claim and it failed to adequately allege a relevant market.

  • Parsons v. Connections CSP, Inc.

    Publication Date: 2019-01-09
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68420

    Inmate who received medical treatment did not state a claim for violation of his civil rights.

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  • Homeland Ins. Co. of New York v. Corvel Corp.

    Publication Date: 2018-12-05
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: David Newmann and Catherine E. Stetson, Hogan Lovells US LLP, Washington, DC; Timothy Jay Houseal, Jennifer M. Kinkus and William E. Gamgort, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael J. Rosen and Peter F. Lovato, III, Skarzynski Black, LLC for appellant
    for defendant: John M. Seaman and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE for appellee.
    Case Number: D68374

    Bad faith claim brought by insured barred by applicable statute of limitations where the claim accrued when insured settled a covered litigation and when insured knew insurer had made its alleged misrepresentation in prior litigation.

  • Talley v. Christiana Care Health Sys.

    Publication Date: 2018-10-31
    Practice Area: Business Torts
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Michele D. Allen and Catilyn E. Quinn, Law Offices of Michele D. Allen LLC, Hockessin DE, attorneys for plaintiff
    for defendant: Joanna J. Cline and James H.S. Levine, Pepper Hamilton LLP, Wilmington, DE; Barbara T. Sicalides, Barak A. Bassman and Megan Morley, Pepper Hamilton LLP, Philadelphia, PA, attorneys for defendants.
    Case Number: D68339

    Plaintiff alleged sufficient facts to support her breach of contract claim and some of her tort claims following the termination of her privileges from a health care organization.

  • Giles & Ransome v. Kalix

    Publication Date: 2018-10-31
    Practice Area: Labor Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: H. Garrett Baker, Elzufon Austin & Mondell, P.A., Wilmington, DE, attorney for appellant
    for defendant: Donald E. Marston and James R. Donovan, Doroshow Pasquale Krawitz & Bhaya, Bear, DE, attorneys for appellee.
    Case Number: D68334

    Industrial Accident Board's decision ordering employer to reimburse injured employee for full cost of medical marijuana supported by credible evidence where board credited employee's testimony that high initial consumption was due to experimentation to find correct dosage and active ingredients.

  • Delaware Bd. of Nursing v. Francis

    Publication Date: 2018-10-17
    Practice Area: Administrative Law | Health Care Law | Regulation
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Carla A.K. Jarosz, attorney for appellant
    for defendant: Daniel A. Griffith, attorney for appellees.
    Case Number: D68318

    State not obligated to prove that nurse's breach of professional standards also caused harm to a patient or the public to impose discipline for violations.

  • In re Talc Product Liab. Litig.

    Publication Date: 2018-09-26
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: R. Joseph Hrubiec, W. Steven Berman, Hunter J. Shkolnik, Napoli Shkolnik, LLC; Raeann Warner, Ja-cobs & Crumplar, P.A., for plaintiffs
    for defendant: Michael P. Kelly, Daniel J. Brown and Jessica D. Miller, Skadden, Arps, Slate, Meagher & Flom, LLP., for Johnson & Johnson defendants.
    Case Number: D68298

    The court dismissed claims by nonresident plaintiffs for lack of personal jurisdiction over certain defendants, and it also granted a motion by those defendants for a protective order to quash jurisdictional discovery.