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Publication Date: 2022-06-28
Practice Area: Business Torts
Industry: Health Care | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Max L. Tribble, Jr., Rocco F. Magni, Susman Godfrey L.L.P., Houston, TX; Kalpana Srinivasan, Susman Godfrey L.L.P., Los Angeles, CA for plaintiff.
for defendant: F. Troupe Mickler IV, Ashby & Geddes, P.A, Wilmington, DE; Gregory M. Saylin, Stephen Sansom, Tyson C. Horrocks, Holland & Hart LLP, Salt Lake City, UT for defendant.
Case Number: D69863
Applicable Utah Uniform Trade Secrets Act preempted tortious interference with contractual relations claims where underlying factual allegations were identical to those of plaintiff's misappropriation claim.
Publication Date: 2022-06-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
for defendant: Bradley J. Goewert, Lorenza A. Wolhar, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Lauren C. McConnell, Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
Case Number: D69845
Motion to amend complaint to assert claims arising out of CT scan denied where the scan was distinct from the other treatments that formed the basis of plaintiffs' complaint, precluding application of the relation back doctrine.
Publication Date: 2022-05-31
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Sykema Young, pro se appellant.
for defendant: Emily K. Silverstein, White and Williams, LLP, Wilmington, DE; Victoria Groff, Department of Justice, Wilmington, DE for appellees.
Case Number: D69835
Appeal from referee's denial of unemployment benefits dismissed as untimely where applicant failed to demonstrate circumstances warranting the acceptance of her untimely appeal.
Publication Date: 2022-05-24
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Robert J. Leoni, Shelby & Leoni, Wilmington, DE for plaintiffs.
for defendant: Colleen D. Shields, Eckert, Seamans, Cherin & Mellott LLC, Wilmington, DE for defendant.
Case Number: D69829
Court excluded expert testimony to the extent it opined about corporate defendant's state of mind or the reasonableness of its actions or attempted to offer a legal conclusion, since such testimony would usurp the fact-finding province of the jury.
Publication Date: 2022-05-10
Practice Area: Corporate Governance
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stephen E. Jenkins, Tiffany Geyer Lydon, Ashby & Geddes, P.A., Wilmington, DE; Gregory Mark Nespole, Daniel Tepper, Correy A. Kamin, Ryan C. Messina, Levi & Korsinsky, LLP, New York, NY for plaintiff.
for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Gary A. Orseck, Matthew M. Madden, Jason A. Shaffer, Kramer Levin Robbins Russell, Washington, D.C. for defendants.
Case Number: D69809
The court found that plaintiff's complaint that challenged equity grants made to directors would be reviewed under the entire fairness standard and withstood a motion to dismiss.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2022-04-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Benjamin A. Schwartz, Schwartz and Schwartz, Dover, DE for plaintiff.
for defendant: Maria R. Granaudo Gesty, Burns White LLC, Wilmington DE for defendants.
Case Number: D69796
Long-term care facility admission agreement had valid arbitration clause where patient possessed contractual capacity to execute the agreement.
Publication Date: 2022-04-12
Practice Area: Contractual Disputes
Industry: Health Care | Software
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Paul J. Lockwood, Ryan M. Lindsay, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; William E. Ridgway, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL; Peter B. Morrison, Zachary M. Faigen, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA for plaintiffs.
for defendant: Raymond J. DiCamillo, Richards, Layton & Finger, P.A., Wilmington, DE; Michael Rubin, Melanie Blunschi, Latham & Watkins LLP, San Francisco, CA; Serrin Turner, Latham & Watkins LLP, New York, NY for defendant.
Case Number: D69775
The court held plaintiffs' claims were subject to a forum selection clause for venue in three California counties.
Publication Date: 2022-04-05
Practice Area: Intellectual Property
Industry: Health Care | Software
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Trevor Q. Coddington, Insigne PC, Carlsbad, CA for plaintiff.
for defendant: Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brett M. Schuman, Rachel M. Walsh, Goodwin Procter LLP, San Francisco, CA for defendant.
Case Number: D69773
Court declined to dismiss patent infringement claim for invalidity based on the patent claiming ineligible subject matter, where a reading of the patent's claim language did not plainly reveal that the patent was merely directed towards an abstract idea.
Publication Date: 2022-03-22
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
for defendant: Donald M. Ransom, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendant.
Case Number: D69756
Insurer lacked reasonable basis to impose multiple payment reductions for bills seeking compensation under PIP benefits where doing so meant provider was being compensated at a lower rate than its peers.
Publication Date: 2022-03-08
Practice Area: Bankruptcy
Industry: Health Care | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69737
The court deferred ruling on the motion to dismiss on the pleadings because there was a dispute among federal appellate districts as to whether a corporations qualified as an individual under § 362(k) of the U.S. Bankruptcy Code. Additionally, the court refused to dismiss plaintiffs' claim for declaratory judgment until evidence was taken. Finally, the court held it did not have jurisdiction to hear three state-law counterclaims because they were filed after the bankruptcy case was dismissed. Motion to dismiss denied in part, granted
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