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  • SurgiQuest v. Lexion Med., Inc.

    Publication Date: 2018-05-30
    Practice Area: Business Torts | Damages
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Sleet
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68165

    Substantial evidence supported the jury's verdict finding of unfair competition and its award of compensatory and punitive damages.

  • State ex rel. French v. Card Complaint, LLC

    Publication Date: 2018-05-16
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Thomas E. Brown, Edward K. Black and Stephen G. MacDonald for the state
    for defendant: Stuart M. Grant, Mary S. Thomas, Laina M. Herbert and Vivek Upadhya for relator French; Stephen E. Jenkins, Catherine A. Gaul, Richard M. Zuckerman, Sean Cenawood, Kiran Patel and Catharine Luo for Card Compliant defendants; Kenneth J. Na-chbar, Michael Houghton, Matthew R. Clark, Barnaby Grzaslewicz, Ethan D. Millar, J. Andrew Howard, William R. Mitchel-son, Jr., Jason D. Popp, Colm F. Connolly, Jody C. Barillare, Gregory T. Parks, Courtney McCormick, David S. Eagle, Michael W. Yurkewicz, Martin I. Einstein, David Swetnam-Burland, Stacy O.Stitham, Brian M. Rostocki, Benjamin P. Chapple, Mi-chael J. Wynne, David A. Rammelt, Brian E. Farnan, Shawn J. Organ and Joshua M. Feasel for additional defendants.
    Case Number: D68148

    Factual issues prevented summary judgment in this false claims matter, and defendants failed to establish extraordinary circumstances for disregarding the law of the case.

  • LVI Grp. Inv., LLC v. NCM Grp. Holdings, LLC

    Publication Date: 2018-04-18
    Practice Area: Business Torts | Civil Procedure | Mergers and Acquisitions
    Industry: Construction
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Rudolf Koch, Matthew W. Murphy, and Matthew D. Perri, Richards, Layton & Finger, P.A., Wilmington, DE; Steven C. Florsheim, Greg Shinall, Daniel A. Shmikler, Michael G. Dicker, and Trevor K. Scheetz, Sperling & Slater, P.C., Chicago, IL, attorneys for plaintiff
    for defendant: Richard D. Heins, Philip Trainer, Jr., and Hayley M. Lenahan, Ashby & Geddes, Wilmington, DE; Stephen Novack, Donald A. Tarkington, Andrew D. Campbell, Elizabeth C. Wolicki, and Yvette V. Mishev, Novack and Macey, LLP, Chicago, IL, attorneys for defendants.
    Case Number: D68112

    Fraud complaint against majority stakeholder of merged corporation, and the stakeholders principals, maintained where counterparty to merger pled that defendants intentionally directed falsification of merged corporations pre-merger financials.

  • Resolve Funding, LLC v. Buckley Property Serv., LLC

    Publication Date: 2018-02-21
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David B. Anthony and Sean Meluney for plaintiff
    for defendant: Michael F. Duggan and Brett T. Norton for defendant.
    Case Number: D68052

    Lender adequately stated claims for negligence and negligent misrepresentation against an appraiser for fail-ing to provide a residential property appraisal that complied with commercially reasonable standards.

  • Reid v. Siniscalchi

    Publication Date: 2018-02-21
    Practice Area: Business Torts | Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: David W. deBruin, Thomas I. Sheridan, III and Derek Y. Brandt for plaintiff
    for defendant: Thomas A. Beck, Rachel E. Horn, Paul J. Vincenti and Elyse C. Pillitteri for defendants.
    Case Number: D68051

    Plaintiffs theory that defendants engaged in a conspiracy was a sham and the court did not have personal ju-risdiction over non-resident defendants.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Cheasapeake Ins. Advisors, Inc. v. DeSola

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68032

    Fraud claim failed where claimants did not plead facts to support finding that representations were made to induce action or refraining from action, any justifiable reliance on those representation, or damage resulting from representations.

  • RCS Creditor Trust v. Schorsch

    Publication Date: 2017-12-20
    Practice Area: Business Torts | Corporate Governance | REITS
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, John P. Coffey, Gregory A. Horowitz, Jeffrey S. Trachtman, Eileen Patt and Jeffrey Dunlap for plaintiff
    for defendant: Elizabeth A. Sloan, Michael C. Miller, Michael G. Scavelli and Lara E. Romansic for defendant Block; Stephen P. Lamb, Me-ghan M. Dougherty, Allan J. Arffa, Gregory F. Laufer and Jeremy A. Benjamin for remaining defendants.
    Case Number: D67979

    Plaintiff adequately stated a claim for breach of fiduciary duty where officers and directors stood on both sides of a transac-tion which created an entity that defendants controlled by way of super-voting stock despite owning only a minority interest.

  • Mooney v. E.I. DuPont de Nemours and Co.

    Publication Date: 2017-12-13
    Practice Area: Business Torts
    Industry: Chemicals and Materials
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: NA
    for defendant: Kathleen F. McDonough, John A. Sensing and Jesse L. Noa for defendant.
    Case Number: D67971

    In his fraud claim, plaintiff alleged only forward-looking statements and not specific facts which indicated that the statements were known to be false when made or were made in bad faith.

  • U.S. v. Medco Health Solutions, Inc.

    Publication Date: 2017-12-06
    Practice Area: Business Torts | Government
    Industry: Federal Government | Health Care | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jeffrey S. Goddess, P. Bradford deLeeuw and David S. Stone for plaintiffs
    for defendant: Jack B. Blumenfeld, Rodger D. Smith II, Enu Mainigi, Craig D. Singer, Holly Conley and D. Keith Clouser for defendants.
    Case Number: D67963

    The public information bar precluded a relators claim regarding fraudulent conduct under the False Claims Act. Motion to dismiss granted, with prejudice.

  • Yucaipa American Alliance Fund I, LP v. Ehrlich

    Publication Date: 2017-11-29
    Practice Area: Business Torts | Civil Procedure
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67957

    Plaintiff lacked standing and failed to allege sufficient predicate acts to establish a pattern of racketeering activity under the Racketeer Influenced and Corrupt Organizations Act. Affirmed.