• Delaware Business Court Insider

    Judge Clears Way for Trial in Schnatter's Bid to Open Papa John's Books

    September 20, 2018

    Delaware Court of Chancery Chancellor Andre G. Bouchard said Papa John's had not carried its heavy burden of proving that Schnatter's demand for documents related to his resignation from the pizza chain was improper under Delaware law.

  • Delaware Business Court Insider

    Schnatter Takes Fight to Papa John's Board in Suit to Pry Open Records

    September 17, 2018

    Attorneys in a multifaceted battle for control of Papa John's are set to square off in a Wilmington courtroom Thursday afternoon, as company founder and former CEO John Schnatter tries to maintain a books-and-records case seeking records related to his ouster from the pizza chain.

  • Delaware Business Court Insider

    Papa John's Founder Attacks CEO in New Lawsuit

    September 07, 2018

    According to a new lawsuit, Papa John's CEO launched a "false and defamatory campaign" accusing a chairman of racism to save his own job.

  • New York Law Journal

    Claims Over Papa John's Founder John Schnatter Draw Investor Suit

    August 30, 2018

    The former chairman and CEO of the pizza chain resigned after reportedly using a racial slur during a conference call, but the new class action suit said additional reports about Schnatter's behavior also show the company's public statements about its corporate ethics were false and misleading.

  • Delaware Business Court Insider

    Papa John's Is Sued for Records Involving Founder's Ouster

    July 26, 2018

    The founder of Papa John's International Inc. has sued for access to board documents related to his ouster from the pizza chain, after it was reported that he used a racial slur in a company training session.

  • Morrison v. Berry

    Publication Date: 2018-07-25
    Practice Area: Corporate Governance
    Industry: Food and Beverage | Investments and Investment Advisory | Retail
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher P. Quinn, Randall J. Baron and Christopher H. Lyons for plaintiff
    for defendant: John L. Reed, Ethan H. Townsend, Harrison S. Carpenter and David Clarke, Jr. for Berry defendants; Rudolf Koch, Matthew D. Perri, Ryan P. Durkin, Adam L. Sisitsky, Lavinia M. Weizel, Robert I Bodian and Scott A. Rader for remaining defendants.

    Case Number: D68226

    The board provided misleading information to stockholders prior to a vote, so the business judgment rule did not apply.

  • Wenske v. Blue Bell Creameries, Inc.

    Publication Date: 2018-07-18
    Practice Area: Corporate Governance
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Jessica Zeldin and Scott G. Burdine for plaintiffs
    for defendant: Timothy R. Dudderar and Travis R. Dunkelberger for Blue Bell Creameries, Inc. and Blue Bell Creameries, U.S.A; Jim E. Kruse, Howard W. Kruse, Richard Dickson, William J. Rankin, Diana Markwardt, John W. Barnhill, Jr., Paul A. Ehlert, Doro-thy McLeod MacInerney and Patricia Ryan for Blue Bell Creameries, L.P.; Srinivas M. Raju and Kelly L. Freund for individual defendants.

    Case Number: D68221

    Limited partners stated a claim for breach of the partnership agreement by the entity that was responsible for overseeing the company's operations, and pre-suit demand was excused.

  • Delaware Business Court Insider

    Del. High Court Revives Challenge to $1.4B Acquisition of Grocery Chain

    July 09, 2018

    The Delaware Supreme Court on Monday effectively revived a shareholder suit challenging Fresh Market Inc.'s $1.4 billion acquisition by a private equity firm, in an opinion that served as a "cautionary reminder" that partial disclosures cannot secure business-judgment protections under the Corwin doctrine.

  • Two Farms, Inc. v. Davis, Bowen & Friedel, Inc.

    Publication Date: 2018-06-20
    Practice Area: Real Estate
    Industry: Food and Beverage | Retail
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Shawn P. Tucker, Richard L. Abbott and Patrick McGrory.
    for defendant: N/A

    Case Number: D68189

    Defendant was not entitled to recover on its counterclaim for libel because plaintiff had an absolute privilege to allege matters in its complaint which related to its fraud claim.

  • City of N. Miami Beach Gen. Emps.' Ret. Plan v. Dr Pepper Snapple Grp., Inc.

    Publication Date: 2018-06-13
    Practice Area: Mergers and Acquisitions
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Michael J. Barry, Jeff A. Almeida, and Laina M. Herbert, Grant & Eisenhofer P.A., Wilmington, DE; Mark Lebovitch and John Vielandi, Bernstein Litowitz Berger & Grossman LLP, New York, NY, attorneys for plaintiffs
    for defendant: S. Mark Hurd, Melissa A. DiVincenzo, Eric S. Klinger-Wilensky, and Alexandra Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brian A. Herman, Morgan, Lewis & Bockius LLP, New York, NY; Jason H. Wilson, Morgan, Lewis & Bockius LLP, Philadelphia, PA; Paul J. Lockwood, Joseph O. Larkin, Sarah R. Martin, Alyssa S. O'Connell, and Michelle L. Davis, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D68175

    Stockholders were not entitled to statutory right of appraisal where their stock was not in a constituent corporation as the merger was being effected by a merger subsidiary and where stockholders would retain their shares following merger.