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Publication Date: 2023-10-30
Practice Area: Mergers and Acquisitions
Industry: Transportation
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-679-WCB
Plaintiff's claim for insurance proceeds was not necessarily barred by contractual limitations period on indemnification claim where plaintiff asserted that the proceeds constituted retained property that defendant had an ongoing obligation to turn over after closing.
Publication Date: 2023-10-30
Practice Area: Land Use and Planning
Industry: Energy | Non-Profit | State and Local Government
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Richard L. Abbot, Abbot Law Firm, Hockessin, DE for plaintiffs.
for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Richard A. Forsten, Wendie C. Stabler, James D. Taylor, Jr., Saul Ewing LLP, Wilmington, DE for defendants.
Case Number: N23C-03-196 VLM
Although plaintiffs failed to seek timely certiorari review of conditional use permit approval, transfer of the case from the chancery court after it concluded that it lacked subject matter jurisdiction because plaintiffs had an adequate remedy at law permitted the court to exercise its discretion to hear the case.
Publication Date: 2023-10-30
Practice Area: Litigation
Industry: Federal Government | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE; Brian R. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department Of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Gurney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansky, Winston & Strawn LLP, New York, NY for defendants.
Case Number: 23-247 (MN)
Applying the four factors enumerated in Pioneer, the court determined that plaintiff's counsel's late filing of an opposition to a motion to dismiss due to his mis-reliance on the rules was not "excusable neglect" and denied his motion to reconsider the court's decision granting the motion to dismiss.
Publication Date: 2023-10-30
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for plaintiff.
for defendant: Scott G. Wilcox, Giordano, DelCollo, Werb & Gagne, LLC, Wilmington, DE for defendants.
Case Number: N23C-03-181 CEB
The court found that the complaint for certiorari regarding the denial of a conditional use permit was not untimely filed, the claim was not barred by plaintiff's failure to exhaust its administrative remedies, and the mayor and members of the town council were immune from suit in their individual capacity.
Publication Date: 2023-10-23
Practice Area: Labor Law
Industry: Health Care | Non-Profit
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Jessica Lewis Welch, Doroshaw, Pasquale, Krawitz & Bhaya, Wilmington, DE for appellant.
for defendant: Keri L. Morris-Johnson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for appellee.
Case Number: N22A-11-003 FWW
Industrial Accident Board erred in failing to consider claimant's individual circumstances in determining whether claimant had exhausted reasonable conservative treatment and thus had made surgical treatment reasonable and necessary.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-10-23
Practice Area: Insurance Law
Industry: Energy | Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Travis S. Hunter, Alexandra M. Ewing, Srinivas M. Raju, Richards, Layton & Finger, P.A., Wilmington, DE; David P. Bender, Jr., Joseph G. Balice, Haynes and Boone LLP, Costa Mesa, CA; Benjamin L. Mesches, Haynes and Boone, LLP, Dallas, TX; Brian Singleterry, Haynes and Boone, LLP, Fort Worth, TX; Stephen E. Jenkins, Richard D. Heins, Ashby & Geddes, Wilmington, DE; Herber Beigel, Law Offices of Herbert Beigel, Tuscon, AZ for plaintiffs.
for defendant: Robert J. Katzenstein, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Leland H. Jones, Chiara Tondi Resta, Wiley Rein LLP, Washington, DC; John C. Phillips, Jr., David Bilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Michael P. Duffy, Scarlett M. Rajbanshi, Boston, MA; Erica J. Kerstein, Robinson & Cole LLP, New York, NY; Geoffrey W. Heineman, Ropers Majeski, P.C., New York, NY; Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE; Sean P. Mahoney, Michael E. DiFebbo, Kennedys CMK LLP, Philadelphia, PA for defendants.
Case Number: N21C-01-260 EMD CCLD
Court denied entry of partial judgment on issue that the court entered summary judgment for plaintiffs, where plaintiffs would not be unduly prejudiced by the delay in being able to appeal and where partial judgment could lead to piecemeal litigation and appeals as the resolved issue was not a predicate issue for the rest of the case.
Publication Date: 2023-10-23
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff: Cary L. Flitter, Andrew M. Milz, Jody T. López-Jacobs, Flitter Milz, Narberth, PA; Brent F. Vullings, Vullings Law Group, LLC, Collegeville, PA for appellants.
for defendant: David P. Helwig, Marks O’Neill O’Brien Doherty & Kelly, Pittsburgh, PA; Cecil J. Jones, Cozen O’Connor, Philadelphia, PA for appellee.
Case Number: 21-2430
District court erred in ruling that furnisher of consumer credit information was exempt from obligation to investigate indirect dispute referred by a consumer reporting agency upon deeming the dispute frivolous, where the Fair Credit Reporting Act expressly granted that exception solely to consumer reporting agencies for indirect disputes.
Publication Date: 2023-10-23
Practice Area: Premises Liability
Industry: Retail
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Michael P. Minuti, McCann Dillon Jaffe & Lamb, LLC, Wilmington, DE; Gardenia L. Brooman, Verlin & Brooman, LLC, Bala Cynwyd, PA for plaintiff.
for defendant: William R. Adams, Dickie McCamey & Chilcote, Wilmington, DE; Sean T. Stadelman, Stephen A. Sheinen, Goldberg Segalla LLP, Philadelphia, PA for defendants.
Case Number: 22-76-SRF
Injured decedent's interrogatory responses were admissible under the residual hearsay exception as they were sufficiently trustworthy due to being made under penalty of perjury and were corroborated by other evidence.
Publication Date: 2023-10-23
Practice Area: Mergers and Acquisitions
Industry: Energy
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: James M. Yoch, Alberto E. Chávez, Young Conaway Stargatt & Taylor, Wilmington, DE; Paul D. Clement, Matthew D. Rowen, Clement & Murphy, PLLC, Alexandria, VA for appellants.
for defendant: Kenneth J. Nachbar, Susan Wood Waesco, Matthew R. Clark, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Antony L. Ryan, Kevin J. Orsini, Michael P. Addis, Cravath, Swaine & Moore LLP, New York, NY for appellee.
Case Number: 391, 2022
Chancery court's determination that counterparty did not breach merger agreement was supported by record evidence demonstrating that company continued to use best efforts to consummate the merger, entitling it to reimbursement of a prior termination fee and precluding liability for a breakup fee.
Publication Date: 2023-10-16
Practice Area: Corporate Governance
Industry: Insurance
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Thomas A. Uebler, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE; Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; Melinda A. Nicholson, Nicolas Kravitz, Kahn Swick & Foti, LLC, New Orleans, LA; Benjamin I. Sachs-Michaels, Glancy Prongay & Murray LLP, New York, NY; Robert V. Prongay, Pavithra Rajesh, Glancy Prongay & Murray LLP, Los Angeles, CA for plaintiffs.
for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Nicholas F. Mastria, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan Youngwood, Janet A. Gochman, Jacob Lundqvist, Simpson Thacher & Bartlett LLP, New York, NY for defendants.
Case Number: 2022-0034-LWW
Court dismissed shareholders' derivative complaint for failure to plead demand futility where plaintiffs' fiduciary claims against the company's directors and officers failed to set forth a prima facie case of personal liability such that the board could not independently consider a litigation demand.
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