• Obsidian Fin. Group, LLC v. Identity Theft Guard Solutions, Inc.

    Publication Date: 2021-05-12
    Practice Area: Contractual Disputes
    Industry: Consulting | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Richard M. Beck, Craig E. Rushmore, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE for plaintiff.
    for defendant: Brad D. Sorrels, Jessica A. Hartwell, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, PC, Wilming-ton, DE for defendants.

    Case Number: D69395

    Failure of a transaction to meet the requirements of an earnout provision did not entitle plaintiff to relief, so the court granted defendant's motion to dismiss claims for breach of contract, reformation and declaratory relief.

  • Franklin v. Navient, Inc.

    Publication Date: 2021-05-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Ricky R. Franklin, Stockbridge, GA, pro se plaintiff.
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant.

    Case Number: D69384

    Supreme Court's striking down of the government debt exception to Telephone Consumer Protection Act ban on robocalls as unconstitutional rendered the law void, such that defendant could not rely on that law to avoid liability.

  • Consumer Fin. Prot. Bureau v. The Nat'l Collegiate Master Student Loan Trust

    Publication Date: 2021-04-21
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Consumer Financial Protection Bureau, Washington, DC for plaintiff.
    for defendant: Kurt M. Heyman, Melissa N. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Erik W. Haas, Peter W. Tomlinson, Joshua Kipnees, George A. LoBiondo, Jared Buszin, Devon Hercher, Peter Shakro, Patterson Belknap Webb & Tyler LLP, New York, NY; Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE; Nicholas H. Pennington, Stevens & Lee, P.C., King of Prussia, PA; Stephen B. Brauerman, Jason C. Jowers, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for intervenors.

    Case Number: D69366

    Where CFPB director lacked constitutional authority to initiate an enforcement action, failure of the agency to take diligent action to preserve its enforcement rights meant that ratification by validly appointed director outside the statute of limitation was untimely.

  • In re: LTC Holdings, Inc.

    Publication Date: 2020-09-30
    Practice Area: Bankruptcy
    Industry: Construction | Federal Government | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE; Andrew S. Kent, Chiesa Shahinian & Giantomasi P.C., West Orange, NJ for appellant.
    for defendant: Richard M. Beck, Klehr Harrison Harvey Branzburg, LLP, Wilmington, DE; David T.B. Audley, Matthew T. Benz, Chapman and Cutler LLP, Chicago, IL for appellee.

    Case Number: D69136

    Surety's partial subrogation rights were extinguished by creditor's release and waiver of claim where surety had not yet completed full performance under its bond at the time of release and thus had its subrogation rights subordinated to the creditor.

  • In re THGH Liquidating LLC

    Publication Date: 2020-09-23
    Practice Area: Bankruptcy
    Industry: Federal Government | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph H. Hunt, Assistant Attorney General; David C. Weiss, United States attorney; Ellen W. Sleights, Assistant United States Attorney, Wilmington, DE; Ruth A. Harvey, Lloyd H. Randolph, Seth B. Shapiro, Andrew Warner, Commercial Litigation Branch, U.S. Department of Justice for appellant.
    for defendant: Derek C. Abbott, Curtis S. Miller, Daniel B. Butz, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellees.

    Case Number: D69130

    The government's withholding of Medicare payments after debtors filed bankruptcy was a violation of the automatic stay.

  • In re: Affirmative Ins. Holdings Inc.

    Publication Date: 2020-08-12
    Practice Area: Bankruptcy
    Industry: Federal Government | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Richard E. Zuckerman, Principal Deputy Assistant Attorney General; Christopher J. Williamson and Ward W. Benson, Tax Division, U.S. Department of Justice, Washington, DC for appellant.
    for defendant: Jeffrey L. Moyer, Travis S. Hunter, and Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE for appellee.

    Case Number: D69080

    Bankruptcy court erred in attempting to bifurcate corporate income taxes from a straddle year when tax law provided that annual income taxes only accrued and became liable on the last day of the tax year.

  • Downey v. United States

    Publication Date: 2020-07-01
    Practice Area: Government
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69031

    Pro se relator could not pursue False Claims Act claim as the claim belonged to the United States and pro se litigants could not represent thirdparties.

  • United States v. Sabre Corp.

    Publication Date: 2020-04-22
    Practice Area: Antitrust
    Industry: Federal Government | Technology Media and Telecom | Travel and Tourism
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss, Laura D. Hatcher, Shamoor Anis, United States Dep’t of Justice, Wilmington, DE; Julie S. Elmer, Scott A. Westrich, Sarah P. McDonough, Robert A. Lepore, Aaron Comenetz, Brian E. Hanna, Craig W. Conrath, Dylan M. Carson, Rachel A. Flipse, Michael T. Nash, Jeremy P. Evans, Vittorio Cottafavi, Seth J. Wiener, John A. Holler, Grant A. Bermann and Katherine A. Celeste, United States Dep’t of Justice, Washington, DC for plaintiff.
    for defendant: Joseph O. Larkin, Veronica A. Bartholomew, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Tara L. Reinhart, Steven C. Sunshine, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC; Matthew M. Martino, Michael H. Meni-tove and Evan R. Kreiner, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY for Sabre defendants. Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Kenneth A. Gallo, Jonathan S. Kanter, Joseph J. Bial and Daniel J. Howley, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, DC for defendants Farelogix Inc. and Sandler Capital Partners V, LP.

    Case Number: D68956

    The government failed to demonstrate a relevant market in this case involving companies that provided airline booking ser-vices, so the court allowed the merger to proceed.

  • Campbell v. Navient Corp.

    Publication Date: 2019-08-28
    Practice Area: Creditors' and Debtors' Rights
    Industry: Education | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Georkeshia Denise Campbell, Lancaster, CA, pro se plaintiff.
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant Navient Corporation. David C. Weiss, United States Attorney, and Jesse S. Wenger, Assistant United States Attorney, Wilmington, DE for defendant United States Department of Education.

    Case Number: D68679

    Constitutional and civil rights claims against the Department of Education and a student loan servicer failed where there was no basis to waive the department's sovereign immunity and the loan servicer was not a state actor and was not alleged to have acted in a discriminatory matter.

  • Pasternack v. Northeastern Aviation Corp.

    Publication Date: 2018-11-21
    Practice Area: Corporate Entities | Occupational Safety and Health
    Industry: Aerospace | Federal Government
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Paul D. Brown, Joseph B. Cicero and Stephanie H. Dallaire of Chipman Brown Cicero & Cole, LLP, Wil-mington, DE; Cynthia S. Arato and Daniel J. O'Neill of Shapiro Arato LLP, New York, NY, attorneys for plaintiff
    for defendant: Francis G.X. Pileggi and Alexandra D. Rogin of Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, Edward J. Longosz, II of Eckert Seamans Cherin & Mellott, LLC, Washington, DC, attorneys for de-fendant.

    Case Number: D68362

    A pilot was entitled to indemnification under the bylaws of an aircraft charter company in connection with le-gal expenses incurred in a drug testing matter.