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Publication Date: 2020-04-08
Practice Area: Products Liability
Industry: Chemicals and Materials
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Adam Balick and Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for plaintiffs.
for defendant: Loreto P. Rufo, Rufo Associates, PA, Hockessin, DE; John V. Work, Law Office of John V. Work, Wilmington, DE; Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE; Paul A. Bradley and Stephanie A. Fox, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; Brian D. Tome, Reilly McDevitt & Henrich, Wilmington, DE; John C. Phillips and David A. Bilson, Phillips Goldman McLaughlin & Hall, P.A., Wilmington, DE; Christian J. Singewald and Rochelle Gumapac, White and Williams LLP, Wilmington, DE; Kelly A. Costello, Morgan, Lewis & Bockius LLP, Wilmington, DE; Timothy A. Sullivan III, Wilbraham, Lawler & Buba PC, Wilmington, DE for defendants.
Case Number: D68936
Motion to extend trial date denied where plaintiffs failed to meet good cause standard after failing to develop factual record required by Texas asbestos law after two extensions to trial date.
March 18, 2020 | Delaware Business Court Insider
The Court of Chancery's recent decision in Salladay v. Lev, (Del. Ch. Feb. 27, 2020), denied the director-defendants' attempt to invoke procedural safeguards—a special committee and independent stockholder approval—to dismiss a stockholder suit challenging a going-private merger.
1 minute read
Publication Date: 2020-03-04
Practice Area: Environmental Law
Industry: Chemicals and Materials | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Ralph K. Durstein III, Department of Justice, Dover, DE for appellant.
for defendant: John W. Paradee, Daniel F. McAllister, Stephen A. Spence, and Brian V. DeMott, Baird Mandalas Brockstedt, LLC, Dover, DE for appellee.
Case Number: D68895
Department of Natural Resources and Environmental Control's cease and desist powers could order a property owner to remove an environmentally-contaminating pile of waste, where the mere presence of the pile constituted an environmental violation and therefore removal of the pile would be required to cease and desist the violation.
Publication Date: 2020-02-12
Practice Area: Business Torts
Industry: Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Ryan P. Newell and Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE for plaintiff.
for defendant: Rudolf Koch, Robert L. Burns and Nicole K. Pedi, Richards, Layton & Finger P.A., Wilmington, DE; William Trach, Latham & Watkins LLP, Boston, MA for defendant.
Case Number: D68873
Plaintiff alleged its fraud claims with sufficient particularity, and the allegations suggested that defendant's representations were made with knowledge of their falsity, rather than being mere opinion or puffery.
February 11, 2020 | New York Law Journal
The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee's decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss. As Joseph M. McLaughlin and Shannon K. McGovern discuss in this edition of their Corporate Litigation column, the framework established by the court to provide the plaintiff with the benefit of the SLC's work has expansive disclosure aspects and important boundaries to be understood by practitioners.
1 minute read
February 11, 2020 | Delaware Business Court Insider
The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee's decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss. As Joseph M. McLaughlin and Shannon K. McGovern discuss in this edition of their Corporate Litigation column, the framework established by the court to provide the plaintiff with the benefit of the SLC's work has expansive disclosure aspects and important boundaries to be understood by practitioners.
1 minute read
February 10, 2020 | Litigation Daily
'Adversaries know they won't outthink or outmaneuver us. Clients know we have the judgment, expertise, and experience to successfully resolve their major litigation and enforcement challenges. They also know that we don't follow a rote playbook.'
1 minute read
January 22, 2020 | Delaware Business Court Insider
Over the last several years, Delaware corporate law practitioners have traced numerous legal developments that dramatically reduced the injunction practice that dominated M&A litigation in Delaware for nearly three decades, changing the development of Delaware disclosure law jurisprudence.
1 minute read
Publication Date: 2020-01-15
Practice Area: Legal Malpractice
Industry: Legal Services
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for plaintiff.
for defendant: Colleen D. Shields, Gary W. Lipkin and Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE for de-fendant.
Case Number: D68843
In this legal malpractice matter involving an attorney's alleged failure to include a waiver provision in a premarital agreement, plaintiff failed to prove that his former wife would have accepted the term.
December 18, 2019 | Litigation Daily
Gonzalez's goals: 'Growth, diversity, junior partner development, pro bono contributions to our communities, and making sure the litigation group is well positioned to leverage the firm's global footprint. '
1 minute read
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