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Publication Date: 2023-12-25
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 22-cv-1387-GBW
Predecessor patents' disclaimer of scope did not restrict priority patent, which was broader in scope and whose language expressly contemplated the previously disavowed scope.
Publication Date: 2023-12-25
Practice Area: Bankruptcy
Industry: Energy | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Robert J. Dehney, Andrew R. Remming, Matthew O. Talmo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Warren W. Harris, Nancy McEvily Davis, Stephani A. Michel, Bracewell LLP, Houston, TX for appellant.
for defendant: Rob Bonta, Christina Bull Arndt, Office of the California Attorney General, Los Angeles, CA; Edward K. Black, Delaware Department of Justice, Wilmington, DE; David M. Fournier, Kenneth A. Listwak, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Steven S. Rosenthal, Marc S. Cohen, J.D. Taliaferro, Alicia M. Clough, Loeb & Loeb LLP, Los Angeles, CA for appellee.
Case Number: 17-10828 (JTD)
Adversary proceeding asserting inverse condemnation claim failed where state government seized possession of facility necessary to prevent dangerous environmental contamination when owner ran out of funds to operate the facility.
Publication Date: 2023-12-25
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Real Estate | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-785-WCB
Internal affairs doctrine did not prohibit federal court from exercising inherent powers to appoint receiver for foreign corporation under that corporation's home state's laws.
Publication Date: 2023-12-25
Practice Area: Business Torts
Industry: Aerospace | E-Commerce | Transportation
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1191-WCB
Court denied motion for leave to amend counterclaims due to defendant's lack of diligence in seeking leave upon immediately learning of the facts supporting the amendment, which occurred before the close of discovery.
Publication Date: 2023-12-18
Practice Area: Business Torts
Industry: Biotechnology | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stephen C. Norman, David A. Seal, Callan R. Jackson, Charles R. Hallinan, Potter Anderson, Wilmington, DE; Eric Landau, Travis Biffar, Ellenoff Grossman & Schole LLP, Irvine, CA for plaintiff.
for defendant: Andrew L. Cole, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Alan D. Albert, O’Hagan Meyer, PLLC, Wilmington, DE for defendants.
Case Number: 2022-1132-SG
Fraud claims brought by corporation against its former controller failed since the controller's knowledge of the alleged fraud would be imputed to the corporation and thus the claim effectively alleged that the controller defrauded himself.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2023-12-18
Practice Area: Creditors' and Debtors' Rights
Industry: Consumer Products | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Samuel T. Hirzel, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
for defendant: Jesse L. Noa, Potter, Anderson & Corroon LLP, Wilmington, DE for defendants.
Case Number: N22J-00660
Court denied motion to compel discovery in aid of execution where claimant was merely seeking merits-based discovery for another action for injunctive relief.
Publication Date: 2023-12-18
Practice Area: Wrongful Death
Industry: Aerospace | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hendrick, Bove & Hendrick, Wilmington, DE; Joseph P. Musacchio, Anthony Tarricone, Kreindler & Kreindler, LLP; Kathryn E. Barnet, Morgan & Morgan, Douglas P. Desjardins, Pangia Law Group for plaintiff.
for defendant: Jeffrey L. Moyer, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan Nussbaum, Thompson Hine, LLP for defendants.
Case Number: N22C-09-008 JRJ
Court declined to apply choice of law provision in asset purchase agreement where chosen state bore no substantial relationship to the transactions or the parties to the transaction.
Publication Date: 2023-12-18
Practice Area: Bankruptcy
Industry: Energy | Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: George A. Barton, Barton and Burrows LLC, Mission, KS for appellants.
for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor LLP. Wilmington, Delaware; Ana Alfonso, Willkie Farr & Gallagher LLP, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case Number: 22-1729
Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.
Publication Date: 2023-12-18
Practice Area: Bankruptcy
Industry: Legal Services
Court: U.S. Bankruptcy Court
Judge: Judge Silverstein
Attorneys: For plaintiff:
for defendant:
Case Number: 20-10343 (LSS)
Court denied ad hoc claimant committee's request for reimbursement of professional fees from the bankruptcy estate where its work appeared duplicative of the work performed by the estate and official committee of claimants and was contrary to facilitating resolution of an official committee's internal disputes.
Publication Date: 2023-12-11
Practice Area: Corporate Governance
Industry: Energy | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Kenneth J. Nachbar, Susan W. Waesco, Alexandra Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
for defendant: Samuel T. Hirzel, II, Jamie L. Brown, Aaron M. Nelson, Gillian L. Andrews, Brendan Patrick McDonnell, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Joseph D. Pizzurro, Kevin A. Meehan, Juan O. Perla, Aubre G. Dean, Allesandra D. Tyler, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY for defendant.
Case Number: 2023-0778-PAF
Court set nominal bond as a condition for ordering the reissuance of a stock certificate, where there was no dispute over ownership of the stock and a low likelihood that the original certificate had been transferred or pledged, and where the corporation's liability for the certificate was limited by law to the value of the bond.
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