• Goggin v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-12-12
    Practice Area: Corporate Governance | Insurance Law
    Industry: Energy | Mining and Resources
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David J. Baldwin and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; Seth B. Schafler and Seth D. Fiur, Proskauer Rose, LLP, New York, NY for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild, LLP, Wilmington, DE; Joseph Collins, Fox Rothschild, LLP, Chicago, IL for defendant.

    Case Number: D68383

    Exclusionary clause of Directors & Officers insurance policy applied where claims against former directors would not have arisen but for their formation and use of investment vehicles, of which they were managers/members, to enrich themselves at the expense of the corporation for which they were directors and the corporation's creditors.

  • Homeland Ins. Co. of New York v. Corvel Corp.

    Publication Date: 2018-12-05
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: David Newmann and Catherine E. Stetson, Hogan Lovells US LLP, Washington, DC; Timothy Jay Houseal, Jennifer M. Kinkus and William E. Gamgort, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael J. Rosen and Peter F. Lovato, III, Skarzynski Black, LLC for appellant
    for defendant: John M. Seaman and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE for appellee.

    Case Number: D68374

    Bad faith claim brought by insured barred by applicable statute of limitations where the claim accrued when insured settled a covered litigation and when insured knew insurer had made its alleged misrepresentation in prior litigation.

  • Delaware Business Court Insider

    Delaware Takes the Lead in Litigation Reform

    November 28, 2018

    The Delaware courts are leading the way to cure the problems that litigation critics complain of most. Recent Delaware Court of Chancery decisions are yet another example of that leadership. We begin to show how that is being done, by outlining the perceived problems.

  • Post Holdings, Inc. v. NPE Seller Rep LLC

    Publication Date: 2018-11-14
    Practice Area: Corporate Entities | Deals and Transactions
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Rodger D. Smith II, Ryan D. Stottmann and Alexandra M. Cumings of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Richard B. Walsh, Jr. and Evan Z. Reid of Lewis Rice LLC, St. Louis, MO for plaintiffs.
    for defendant: Kevin R. Shannon, Christopher N. Kelly and Jay G. Stirling of Potter, Anderson & Corroon LLP, Wil-mington, DE; William C. O'Neil, Jeffrey J. Huelskamp and Michael A. Meneghini of Winston & Strawn LLP, Chicago, IL for defendants.

    Case Number: D68356

    Plaintiffs could not enjoy benefits under the contract while refusing to perform their obligations under it.

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

    Publication Date: 2018-10-31
    Practice Area: Consumer Protection | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Carolyn I. Hahn, Colin T. Reardon and Gabriel S.H. Hopkins, attorneys for plaintiff
    for defendant: Kurt M. Heyman and Melissa N. Brochwicz, Donimirski, Heymay Enerio Gattuso & Hirzel LLP, Wilmington, DE; Erik H. Haas and Peter W. Tomlinson, Patterson Belknap Webb & Tyler LLP, New York, NY attorneys for Ambac Assurance Corp.; Jamie L. Edmonson, Allyson B. Baker, Meredith L. Boylan, Sameer P. Sheikh and Katherine M. Wright, Venable LLP, Washington, DC, attorneys for Transworld Systems Inc.; Andrew D. Cordo, Ashby & Geddes, PA, Wilmington, DE; Michael Hanin and Uri Itkin, Kasowitz Benson Torres LLP, New York, NY, attorneys for objecting noteholders; Rebecca L. Butcher, Landis Rath & Cobb LLP, Wilmington, DE, John P. Doherty and William Hao, Alston & Bird LLP, New York, NY for GSS Data Serv., Inc.; Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE for the Pennsylvania Higher Educ. Assistance Agency; Stephen B. Brauerman and Sara E. Bussiere, Bayard P.A., Wilmington, DE for Wilmington Trust Co.; John W. Shaw and David M. Fry, Shaw Keller LLP, Wilmington, DE, Stephen H. Meyer, Sullivan & Cromwell, LLP, Washington, DC for U.S. Bank National As-sociation; John W. Shaw and David M. Fry, Shaw Keller LLP, Wilmington, DE, Matthew A. Martel and Keith M. Kollmeyer, Jones Day, Boston, MA for U.S. Bank.

    Case Number: D68338

    Proposed intervenors timely filed their motions, and they have interests in the litigation which were not adequately repre-sented by existing parties.

  • New York Law Journal

    Managing the Key Issues Affecting Hospitality M&A Deals

    October 30, 2018

    In their Hospitality Law column, Todd Soloway and Michelle Pham explore some common issues that arise in M&A negotiations involving hospitality companies and provide guidance for how companies should address the related risks and liabilities.

  • Delaware Business Court Insider

    Bouchard Orders Holding Co. to Turn Over Tax Refunds From $93.5M Deal to Buy Egg Producer

    October 29, 2018

    The Delaware Court of Chancery on Monday ordered Post Holdings Inc. and its Delaware subsidiary to turn over nearly $1 million in funds stemming from the food suppliers' $93.5 million deal to buy National Pasteurized Eggs Inc. in 2016.

  • Lyons Ins. Agency, Inc. v. Wilson

    Publication Date: 2018-10-10
    Practice Area: Business Torts | Labor Law
    Industry: Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre, and Janine L. Faben, attorneys for plaintiff
    for defendant: Herbert W. Mondros, Krista Reale Samis, Christopher A. Tinari and Michael R. Miller, attorneys for defendants.

    Case Number: D68311

    Former employee breached employment agreement by leaving plaintiff to work for competitor to service clients in employee's book of business, in which plaintiff had invested sums to ensure employee's ability to service, thereby granting plaintiff an interest in said book of business.

  • In re: Culp

    Publication Date: 2018-09-19
    Practice Area: Bankruptcy
    Industry: Insurance | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Peter Schaeffer, Jr., Avenue Law, Dover, DE, attorney for debtors
    for defendant: Charles A. Stanziale, Jr., McCarter & English, LLP, Newark, NJ; Matthew J. Rifino and Kate Roggio Buck, McCarter & English, LLP, Wilmington, DE, attorneys for trustee.

    Case Number: D68287

    Homeowners' insurance proceeds were part of property owners' bankruptcy estate because owners owned and were beneficiaries of the insurance policy, received the proceeds, and at all times held at least a contingent or residual interest in the proceeds.

  • Sun Life Assurance Co. of Canada v. Wilmington Trust, N.A.

    Publication Date: 2018-09-05
    Practice Area: Insurance Law
    Industry: Financial Services and Banking | Insurance
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Joseph J. Bellew, Joseph Kelleher, Michael J. Miller, Charles J. Vinicombe, Gregory J. Star, Cozen O'Connor, attorneys for plaintiff
    for defendant: Harry S. Davis and Robert E. Griffin, Schulte Roth & Zabel LLP; Kevin G. Abrams, John M. Seaman, and E. Wade Houston, Abrams & Bayliss LLP, attorneys for defendant.

    Case Number: D68272

    Estoppel counterclaims and affirmative defenses to action seeking to declare life insurance policy void ab initio struck and dismissed where validity of policy would preclude estoppel and invalidity of policy would grant no legal basis for relief.