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Publication Date: 2024-02-19
Practice Area: Corporate Governance
Industry: Consumer Products | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Thomas A. Uebler, Terisa A. Shoremoun, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE; Melinda A. Nicholson, Nicolas Kravitz, Kahn Swick & Foti, LLC, New Orleans, LA; Roger A. Sachar, Newman Ferrara LLP, New York, NY; Domenico Minerva, Labaton Sucharow LLP, New York, NY for plaintiff.
for defendant: A. Thompson Bayliss, E. Wade Houston, Eliezer Y. Feinstein, Daniel G. Paterno, Abrams & Bayliss LLP, Wilmington, DE; Brad D. Brian, John M. Gildersleeve, Abraham B. Dyk, Munger, Tolles & Olson LLP, Los Angeles, CA; Kenneth J. Nachbar, Susan W. Waesco, Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Abby F. Rudzin, O’Melveny & Myers LLP, New York, NY; Matthew F. Davis, Tyler J. Leavengood, Potter Anderson & Corroon LLP, Wilmington, DE; Kenneth A. O’Brien, Jr., Sheppard Mullin Richter & Hampton LLP, Los Angeles, CA for defendants.
Case Number: 2022-0633-MTZ MEMORANDUM OPINION
Plaintiff failed to plead demand futility due to the lack of directors' personal liability for oversight and corporate waste claims, as the failure to implement a formal policy governing executives' personal use of corporate aircraft did not, by itself, amount to bad faith, and any financial loss from personal use constituted a fraction of a percentage of the company's expenses and profits.
Publication Date: 2024-02-12
Practice Area: Contracts
Industry: Financial Services and Banking | Consulting | Consumer Products
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: John P. DiTomo, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
for defendant: R. Bruce McNew, R. Grant Dick IV, Andrew A. Ralli, Cooch and Taylor P.A., Wilmington, DE for defendants.
Case Number: N23C-03-032 MAA CCLD
Amendment to contract purporting to "accelerate" past due payments lacked consideration where defendant was already making payments.
Publication Date: 2024-01-08
Practice Area: Patent Litigation
Industry: Consumer Products | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-984-WCB
Court granted defendant summary judgment on literal infringement where making a component of device removable to satisfy the patent claim scope would irreparably damage the device, which meant the device could not reasonably literally infringe upon the patent.
Publication Date: 2023-12-25
Practice Area: Patent Litigation
Industry: Consumer Products | Manufacturing | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Kenneth L. Dorsney, Cortlan S. Hitch, Morris James LLP, Wilmington, DE; Robert L. Maier, Jennifer C. Tempesta, Michael E. Knierim, Nick Palmieri, Baker Botts L.L.P., New York, NY; Sarah J. Guske, Baker Botts L.L.P., San Francisco, CA for plaintiff.
for defendant: Karen Jacobs, Michael J. Flynn, Cameron P. Clark, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Anupam Sharma, Robert T. Haslam, Covington & Burling LLP, Palo Alto, CA; Richard L. Rainey, Han Park, Covington & Burling LLP, Washington, DC for defendant.
Case Number: 22-987-CJB
Receipt of notice of infringement only a day prior to the filing of the complaint was insufficient to charge defendant with pre-suit knowledge of the asserted patents.
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.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-10-16
Practice Area: Mergers and Acquisitions
Industry: Consumer Products | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Stephen C. Norman, Matthew F. Davis, Tyler J. Leavengood, Potter Anderson & Corroon LLP, Wilmington, DE; Elizabeth B. McCallum, Gilbert S. Keteltas, Carey S. Busen, Evan M. Mannering, Baker & Hostetler, LLP, Washington, D.C.; Jim W. Phillips, Jr., Kimberly M. Marston, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, NC; Charles E. Coble, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Raleigh, NC for plaintiff.
for defendant: Gregory P. Williams, Rudolf Koch, Robert L. Burns, Matthew D. Perri, Richards, Layton & Finger, P.A., Wilmington, DE; Noel J. Francisco, C. Kevin Marshall, William D. Coglianese; Jones Day, Washington, D.C.; Stephanie E. Parker, Katrina L.S. Caseldine, Jones Day, Atlanta, GA; David B. Alden, Kevin P. Riddles; Jones Day, Cleveland, OH; Elli Leibenstein, Greenberg Traurig, LLP, Chicago, IL; Stephen L. Saxl, Greenberg Traurig, LLP, New York, NY; Andrea Shwayri Ferraro, Greenberg Traurig, P.A., West Palm Beach, FL for defendants.
Case Number: 2017-0129-LWW
Although seller was entitled to recover compensation for settlement payments it made based on post-closing sales of various acquired brands, trial was necessary to determine acquirers' entitlement to offsets and the availability of specific performance for future settlement payments.
Publication Date: 2023-09-11
Practice Area: Corporate Governance
Industry: Agriculture | Consulting | Consumer Products
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Bruce E. Jameson, Eric J. Juray, Jason W. Rigby, Robert B. Lackey, Prickett, Jones & Elliott, P.A., Wilmington, DE; Thomas H. Vidal, Shamar Toms-Anthony, Pryor Cashman LLP, Los Angeles, CA for plaintiff.
for defendant: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE; Evan W. Bolla, Megan Dubatowka, Harris St. Laurent & Wechsler LLP, New York, NY for defendant.
Case Number: 2022-0098-MTZ
Reasoning that under the plain language of 8 Del. C. § 145 a director or officer may recover for fees incurred by a wholly owned entity, the court held that plaintiff was entitled to indemnification for breach of contract claims brought against an entity owned by him as well as for counterclaims brought by him and the entity.
Publication Date: 2023-07-24
Practice Area: Trademarks
Industry: Consumer Products | Electronics | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1809
District court did not abuse its discretion by granting default judgment where defendants engaged in culpable, dilatory conduct that included losing multiple law firms due to failure to cooperate or pay and repeatedly submitting untimely responses to discovery request, causing substantial delay in the litigation that prejudiced plaintiff.
Publication Date: 2023-06-20
Practice Area: Products Liability
Industry: Chemicals and Materials | Consumer Products | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Greenaway
Attorneys: For plaintiff: Christopher F. Cannataro, April M. Ferraro, John M. Seaman, Abrams & Bayliss, Wilmington, DE; Christopher M. Ryan, Shearman & Sterling, Washington, DC for appellant.
for defendant: Brandon R. Harper, John A. Sensing, Potter Anderson & Corroon, Wilmington, DE for appellee.
Case Number: 22-2634
Global parent corporation did not qualify as the manufacturer of allegedly defective components which were made by a foreign subsidiary using materials produced by a third-party supplier, where the parent did not control the day-to-day manufacturing operations and merely established product standards.
Publication Date: 2023-04-18
Practice Area: Mergers and Acquisitions
Industry: Consumer Products | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: James D. Taylor, Jr., Saul Ewing LLP, Wilmington, DE; Amy S. Kline, Saul Ewing LLP, Philadelphia, PA; Joseph D. Lipchitz, Saul Ewing LLP, Boston, MA for plaintiff.
for defendant: Rudolf Koch, Kyle H. Lachmund, Kevin M. Kidwell, Richards, Layton & Finger, P.A., Wilmington, DE; Dustin F. Guzior, Y. Carson Zhou, Sullivan & Cromwell LLP, New York, NY for defendant.
Case Number: 2021-0838-NAC
Asset purchase agreement unambiguously gave seller of product lines perpetual liability for product liability claims for product sold prior to closing, such that the contract's clause sunsetting certain indemnification rights did not apply to the provision allocating third-party liabilities.
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