Ruling Provides Lessons for Investors: Mind Your Business (Affairs)!
In Saunders v. Lightwave Logic, Judge Paul Wallace was faced with a factual scenario that would appear capable of repetition—and often—that ultimately ended with a stockholder’s shares in Lightwave Logic being escheated to the state and sold, despite the reality that the plaintiff’s stock certificate was safely ensconced in a home safe.
December 12, 2024 at 04:32 PM
6 minute read
The Complex Commercial Litigation Division of Delaware’s Superior Court recently issued a ruling on a motion for summary judgment that, while nominally addressing the application of the statute of limitations to dismiss claims related to the escheatment of shares of stock to the state of Delaware, provides lessons for investors about the level of attention and diligence they should apply to managing their financial affairs. In Saunders v. Lightwave Logic, C.A. No. N23C-05-120 (Oct. 17, 2024), Judge Paul Wallace was faced with a factual scenario that would appear capable of repetition—and often—that ultimately ended with a stockholder’s shares in Lightwave Logic being escheated to the state and sold, despite the reality that the plaintiff’s stock certificate was safely ensconced in a home safe.
The plaintiff purchased his 55,000 shares of Lightwave stock in 2013 and received them in the mail at his then-current address. Within a year of purchasing the shares, however, the plaintiff moved and did not inform Lightwave of his new address—although mail going to the previous address was forwarded by the postal service for “at least a year.” The discovery record in the litigation showed that the plaintiff “monitored his Lightwave shares via Google and through occasional country club chats with individuals, including a former Lightwave board member, Lightwave’s CEO, and Lightwave’s COO.” The court noted that “there is no record of the plaintiff taking any further action regarding his Lightwave share at any point from 2013 to 2021.”
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllApple Disputes 'Efforts to Manufacture' Imaging Sensor Claims Against iPhone 15 Technology
Insurers Dodge Sherwin-Williams' Claim for $102M Lead Paint Abatement Payment, State High Court Rules
Del. Court Holds Stance on Musk's $55.8B Pay Rescission, Awards Shareholder Counsel $345M
3 minute readLive Nation, Stage Crew Reach $18M Settlement for Forklift Accident After Concert at Phillies' Stadium
5 minute readTrending Stories
- 1On The Move: Ex-Partner Returns to Lead Nelson Mullins Corporate Group, Burr & Forman Hires University GC as COO
- 2Energy Lawyers Field Client Questions as Trump Issues Executive Orders on Industry Funding, Oversight
- 3SEC Revokes Biden-Era Crypto Accounting Guidance
- 4CNN's $16M Settlement With Trump Sets Bad Precedent in Uncertain Times
- 5Regulating Charities: A Small Suggestion
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250