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Publication Date: 2023-12-11
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11463 (CTG)
Court granted motion to dismiss debtor's bankruptcy petition where a receivership order entered by another district court stripped debtor of the authority to file a petition, since debtor could not launch a collateral attack on the merits of the district court's order or its jurisdiction.
Publication Date: 2023-12-11
Practice Area: Patent Litigation
Industry: Legal Services | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1247-CFC
Court referred plaintiffs' counsel for disciplinary investigations after finding that they acted at the direction of patent monetization firms rather than the named plaintiffs in the present patent infringement cases.
Publication Date: 2023-12-04
Practice Area: Patent Litigation
Industry: Electronics | Manufacturing | Software
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Paul J. Andre, Lisa Kobialka, James Hannah, Timothy Layden, Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA; Aaron M. Frankel, Cristina L. Martinez, Kramer Levin Naftalis & Frankel LLP, New York, NY for plaintiff.
for defendant: Karen Jacobs, Cameron P. Clark, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John D. Vandenberg, Kristin L. Cleveland, Mark W. Wilson, Klarquist Sparkman, LLP, Portland, OR; Kristina R. Cary, Kirkland & Ellis LLP, Boston, MA; Gregg F. LoCascio, P.C., Michael A. Pearson, Jr., Matthew J. McIntee, Kirkland & Ellis LLP, Washington, DC; Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Clement Naples, Latham & Watkins LLP, New York, NY; Gabriel K. Bell, Latham & Watkins LLP, Washington, DC; Thomas W. Yeh, Latham & Watkins LLP, Los Angeles, CA; Brett M. Sanford, Daniel S. Todd, Latham & Watkins LLP, San Francisco, CA for defendants.
Case Number: 22-151-CJB
Court rejected assertion that patent claims were indefinite where intrinsic record provided enough explanation for a person of ordinary skill in the art to understand the scope of the claim and when a product would fall within that scope.
Publication Date: 2023-12-04
Practice Area: Labor Law
Industry: Agriculture | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Hughes
Attorneys: For plaintiff: William D. Sullivan, Sullivan Hazeltine Allison LLC, Wilmington, DE; Andrew J. Henrik, Sullivan Hazeltine Allison LLC, Rosemont, IL for plaintiffs.
for defendant: Rudolf Koch, Jason J. Rawnsley, Richards, Layton & Finger, P.A., Wilmington, DE; James L. Bromley, Andrew J. Finn, Zachary R. Ingber, Sullivan & Cromwell LLP, New York, NY for defendants.
Case Number: 22-1135-TMH
Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.
Publication Date: 2023-12-04
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Gregory V. Varallo, Glenn R. McGillivray, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Ned Weinberger, Mark D. Richardson, Labaton Sucharow LLP, Wilmington, DE; Christine M. Mackintosh, Rebecca A. Musarra, Grant & Eisenhofer P.A., Wilmington, DE; Christopher J. Orrico, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Frank Schirripa, Hach Rose Schirripa & Cheverie LLP, New York, NY; Nathaniel L. Orenstein, Steven L. Groopman, Berman Tabacco, Boston, MA for plaintiffs.
for defendant: William M. Lafferty, D. McKinley Measley, Thomas P. Will, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; F. Joseph Warin, Jonathan M. Phillips, Courtney M. Brown, Gibson, Dunn & Crutcher LLP, Washington, DC for defendant.
Case Number: 2019-0816-SG
Court dismissed derivative complaint where single-member special litigation committee conducted adequate review of the worthiness of the litigation and its conclusions were sufficiently supported by evidence, and there was an insufficient basis to question the single member's independence from other board members potentially facing liability.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2023-12-04
Practice Area: Products Liability
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Joel H. Fredricks, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiff.
for defendant: Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE; Joseph J. Bellew, Joseph E. Brenner, Gordon Rees Scully Mansukhani LLP, Wilmington, DE for defendants.
Case Number: N22C-03-068 CLS
Service upon foreign corporation was ineffective where service upon its domestic subsidiary could not impute notice of the action and mailing service of process to the foreign corporation did not comply with the requirements of the Hague Convention.
Publication Date: 2023-12-04
Practice Area: Patent Litigation
Industry: Entertainment and Leisure | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 15-611-GBW
Court granted leave to supplement damages expert report where, although supplementation would cause defendants to incur additional discovery expenses, there would be no delay of trial and the report was critical to plaintiff's ability to prove damages at trial.
Publication Date: 2023-11-27
Practice Area: Mergers and Acquisitions
Industry: Manufacturing | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Katharine L. Mowery, Dorronda Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; David W. Long-Daniels, M. Allyson Lumpkin, Ansley K. Fantaski, Squire Patton Boggs (US) LLP, Atlanta, GA for plaintiff.
for defendant: Joanna J. Cline, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Michael S. Hino, Troutman Pepper Hamilton Sanders LLP, Berwyn, PA for defendant.
Case Number: N22C-08-489
Court ordered escrow released where company had failed to state a valid claim for indemnification as it had not identified any extant loss that it had incurred or paid for.
Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: E-Commerce | Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3043
Discrimination and hostile work environment claims failed where plaintiff failed to plead sufficient facts supporting an inference that purportedly adverse employment actions were had a discriminatory or retaliatory motivation or that offensive behavior from a supervisor was severe or pervasive.
Publication Date: 2023-11-27
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Gregory V. Varallo, Andrew E. Blumberg, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Jeroen van Kwawegen, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
for defendant: Lisa A. Schmidt, Robert L. Burns, Matthew D. Perri, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Solum, P.C., John Del Monaco, Jeffrey R. Goldfine, Jacob M. Rae, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 2019-0442-KSJM
Stockholders in fiduciary class action who also petitioned for appraisal were entitled to elect between continuing with appraisal or taking the class remedy, even though the law required the corporation's approval for withdrawal of the petition for appraisal.
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