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Publication Date: 2024-04-15
Practice Area: Contractual Disputes
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Ryan J. Morley, John W. Hofstetter, Littler Mendelson, P.C., Cleveland, OH for plaintiffs.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; David E. Rothstein, Rothstein Law Firm, PA, Greenville, SC for defendant.
Case Number: 22-319 (MN)
Although court found most of former employee's restrictive covenants enforceable as reasonably tailored to protect employer's legitimate economic interests, it granted employee judgment where former employer failed to present evidence at trial proving that employee breached any enforceable covenant.
Publication Date: 2024-03-26
Practice Area: Health Care Law
Industry: Distribution and Wholesale | Federal Government | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Slights
Attorneys: For plaintiff: Dylan J. Steinberg, United States Department of Justice, Wilmington, DE; Adam E. Lyons, Amanda N. Liskamm, Joshua Fowkes, Kathleen B. Gilchrist, Katherine M. Ho, United States Department of Justice, Washington, DC for plaintiff.
for defendant: Kelly E. Farnan, Robert W. Whetzel, Richards, Layton & Finger, P.A., Wilmington, DE; Laura Jane Durfee, Jones Day, Columbus, OH; Yaakob M. Roth, Kristen A. Lejnieks, William G. Laxton, Jr., Jones Day, Washington, DC; Andrew J. Junker, Jason S. Varnado, Jones Day, Houston, TX; Karen P. Hewitt, Jones Day, San Diego, CA; David W. Ogden, Charles C. Speth, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC for defendants.
Case Number: 20-1744-CFC
Pharmacy operator did not commit unlawful violations of the Controlled Substances Act where reporting of suspicious drug orders was not yet required by the act and where the allegedly violated regulations promulgated under the CSA were inconsistent with the act's express prohibitions.
Publication Date: 2024-03-18
Practice Area: Health Care Law
Industry: Federal Government | Manufacturing | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English LLP, Wilmington, DE; Catherine E. Stetson, Susan M. Cook, Marian Golden, Hogan Lovells US LLP, Washington, DC for plaintiffs.
for defendant: Jacob Laksin, United States Department of Justice, Wilmington, DE; Brian D. Netter, Brian M. Boynton, Michelle R. Bennett, Alexander V. Sverdlov, Stephen M. Pezzi, Christine L. Coogle, Cassandra M. Snyder, United States Department of Justice, Washington, DC for defendants.
Case Number: 23-931-CFC
Drug manufacturer lacked standing to challenge Drug Price Reduction Program and associated guidelines due to the lack of a concrete and imminent injury in fact from the program.
Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE for plaintiff.
for defendant: Michael J. Maiomone, Gabriella Mouriz, Barnes & Thornburg LLP, Wilmington, DE for defendants.
Case Number: 2022-0728-SG
Chancery court lacked jurisdiction over complaint seeking specific performance where the relief sought by plaintiff was legal in nature and the parties' contract could not confer jurisdiction.
Publication Date: 2024-03-11
Practice Area: Securities Litigation
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Marcos D. Jimenez, Marcos D. Jimenez, P.A., Miami, FL for plaintiffs.
for defendant: Ryan P. Newell, Lakshmi A. Muthu, Tara C. Pakrouh, Michael A. Carbonara, Jr., Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Heyden, Jr., Joseph E. Brenner, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
Case Number: 2020-1004-SG
Although defendant prevailed on some claims asserted by plaintiff, plaintiff was the prevailing party in the overall litigation as the central issue in the case was the validity and enforceability of the parties' contracts, and thus plaintiff was entitled to legal fees and costs under the contractual fee-shifting provisions.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2024-03-04
Practice Area: Bankruptcy
Industry: Health Care | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-10541 (TMH)
Court required pro se litigants to submit filings for court screening as a sanction for litigants' abusive litigation conduct in the form of repeated meritless pleadings and filings.
Publication Date: 2024-02-19
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Brian E. Farnan, Farnan LLP, Wilmington, DE for plaintiff.
for defendant: Rudolf Koch, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 2023-0318-MTZ
Court declined interlocutory review where appeal did not raise novel or conflicting issues of law regarding decision to decline specific performance on a best efforts clause.
Publication Date: 2024-02-12
Practice Area: Corporate Governance
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Mary F. Dugan, Emily V. Burton, Tanner C. Jameson, Young Conaway Stargatt & Taylor LLP, Wilmington, DE for plaintiff.
for defendant: Ethan H. Townsend, Daniel T. Menken, Ryan D. Konstanzer, McDermott Will & Emery LLP, Wilmington, DE for defendant.
Case Number: 2023-0671-LWW
Manager and member of LLC remained the manager of the company where the LLC agreement required his involvement and approval for any amendment, such that the other investors in the company could not unilaterally amend the agreement to remove the manager.
Publication Date: 2023-11-27
Practice Area: Securities Litigation
Industry: Electronics | Health Care | Software
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 23-700-WCB
Court declined to dismiss securities and common law fraud claims where acquirer failed to disclose the existence of its obligations under a competing earnout agreement when negotiating acquisition of a company.
Publication Date: 2023-10-23
Practice Area: Labor Law
Industry: Health Care | Non-Profit
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Jessica Lewis Welch, Doroshaw, Pasquale, Krawitz & Bhaya, Wilmington, DE for appellant.
for defendant: Keri L. Morris-Johnson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for appellee.
Case Number: N22A-11-003 FWW
Industrial Accident Board erred in failing to consider claimant's individual circumstances in determining whether claimant had exhausted reasonable conservative treatment and thus had made surgical treatment reasonable and necessary.
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