• Delaware Business Court Insider

    Investor Targets Disclosures in Challenge to $67B Cigna Merger

    June 29, 2018

    A second investor has sued Express Scripts Holding Co. in Delaware federal court over a planned $67 billion acquisition by Cigna Corp., alleging Express Scripts withheld key information in connection with the deal.

  • State of Delaware v. Premier Healthcare Inc.

    Publication Date: 2018-06-27
    Practice Area: Business Torts | Health Care Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Kate S. Keller and Laura N. Najemy for plaintiff
    for defendant: Maria R. Granaudo for defendant.

    Case Number: D68195

    The state adequately alleged claims for Medicaid fraud against a nursing home, its owner and administrators.

  • Delaware Business Court Insider

    Investor Suit Against Controlling Shareholders in Medical Robotics Company Investor Clears Hurdle

    June 19, 2018

    Investors in Hansen Medical Inc. will be allowed to proceed a Delaware Court of Chancery lawsuit alleging the California-based medical robotics firm's $80 million squeezeout merger with Auris Surgical Robotics Inc. unfairly benefited a group of controlling stockholders who steered the deal.

  • The Recorder

    Theranos CEO Elizabeth Holmes Indicted in Alleged Wire Fraud Scheme

    June 15, 2018

    The indictment alleges a multimillion-dollar scheme to defraud investors, doctors and patients.

  • Green v. GEICO Gen. Ins. Co.

    Publication Date: 2018-05-09
    Practice Area: Class Actions | Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Richard H. Cross, Jr., Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE, attorneys for plaintiffs
    for defendant: Paul A. Bradley, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; George M. Church, Miles & Stockbridge, PC, Baltimore, MD; Meloney Perry, Perry Law, PC, Dallas, TX, attorneys for defendant.

    Case Number: D68135

    Motion to dismiss putative class action denied where court could not definitively determine that plaintiffs could not establish damage calculation method that would predominate over proposed class.

  • Delaware Business Court Insider

    Gilead Accuses Teva of Infringing Hep C Drug as Sales Decline

    March 28, 2018

    Gilead Sciences Inc. on Tuesday sued to stop a rival drugmaker from bringing a generic version of Sovaldi to market, as the company continues its campaign to protect the hepatitis C treatment amid rapidly declining sales.

  • In re UnitedHealth Group, Inc. Section 220 Litigation

    Publication Date: 2018-03-14
    Practice Area: Corporate Governance
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Nathan A. Cook, Jeroen van Kwawegen, David MacIsaac, Norman Berman, Nathaniel L Orenstein, Mark A. Delaney, Jessica Zeldin and Bradford P. deLeeuw for plaintiffs;
    for defendant: R. Judson Scaggs, Jr., Lauren Neal Bennett and Jason Z. Miller for defendant.

    Case Number: D68075

    Documents relating to a separate qui tam proceeding provided a credible basis for stockholders to request corporate books and records for the purpose of investigating mismanagement or wrongdoing.

  • The Recorder

    SEC Charges Theranos, CEO Holmes, and Former President With Investor Fraud

    March 14, 2018

    CEO Elizabeth Holmes has agreed to pay a $500,000 penalty, return the remaining 18.9 million shares she obtained during the fraud, and relinquish her voting control of Theranos.

  • In re ExamWorks Group, Inc.

    Publication Date: 2018-03-07
    Practice Area: Discovery | Mergers and Acquisitions
    Industry: Consulting | Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Stuart M. Grant, Michael J. Barry, Jeff A. Almeida, Kimberly A. Evans, Rebecca Musarra, Vincent R. Cappucci and Jordan A. Cortez for petitioners
    for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Ryan P. Durkin, Michele D. Johnson and Kristin N. Murphy for respondent.

    Case Number: D68068

    Parties who provided late discovery without adequate explanation engaged in discovery abuse.

  • Cumming v. Edens

    Publication Date: 2018-03-07
    Practice Area: Corporate Governance | Mergers and Acquisitions
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Jeffrey Gorris, Christopher Foulds, and Christopher Quinn, Friedlander & Gorris P.A., Wilmington, DE; David Wales, David MacIssac, and John Vielandi, Bernstein Litowtiz Berger & Grossman LLP, New York, NY; Adam Warden, Saxena White P.A., Boca Raton, FL; Steven B. Singer and Joshua H. Saltzman, Saxena White P.A., White Plains, NY; J. Elazar Fruchter, Wohl & Fruchter LLP, New York, NY, attorneys for plaintiff
    for defendant: Robert S. Saunders, Ronald N. Brown, III, Sarah R. Martin, and Elisa M.C. Klein, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D68064

    Derivative complaint not dismissed where plaintiff pled facts of directors conflicts of interest with corporation on the other side of the challenged transaction supporting a reasonable doubt as to whether board was disinterested or independent, which constituted a non-exculpated claim.