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Publication Date: 2019-12-18
Practice Area: Personal Injury
Industry: Automotive | Chemicals and Materials | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Christian J. Singewald and Rochelle L. Gumapac, White and Williams, LLP, Wilmington, DE, Jessica L. Ellsworth, Hogan Lovells US LLP, Washington, DC for appellant.
for defendant: Adam Balick and Patrick J. Smith, Balick & Balick, LLP; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, and Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for appellee.
Case Number: D68807
Trial court erred in denying new trial/remittitur motion on excessive verdict motions when it focused on defendant's share of damages rather than the entire compensatory damages verdict.
Publication Date: 2019-09-25
Practice Area: Corporate Governance | Securities Litigation
Industry: Biotechnology | Pharmaceuticals
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Vernon Broderick
Attorneys: For plaintiff: Counsel for Plaintiff: Thomas G. Amon, New York, New York.
for defendant: Counsel for Defendants: Jeremy Todd Adler (New York, New York), Michael G. Bongiorno (New York, New York), Timothy J. Perla (Boston, Massachusetts), Wilmer Cutler Pickering Hale & Dorr LLP.
Case Number: 18-cv-7999
Litigation Demand Prior to Shareholder's Derivative Action Would Have Been Futile
September 4, 2019 | Delaware Law Weekly
Shirley Shawe, a shareholder of TransPerfect and the mother of CEO Philip R. Shawe, has spent $500,000 on an ad criticizing Biden, a frontrunner for the Democratic nomination and longtime U.S. Senator from Delaware, for his alleged support of the Delaware Court of Chancery.
1 minute read
August 7, 2019 | New York Law Journal
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss 'Marchand v. Barnhill', which reminds practitioners that courts will scrutinize board members’ close personal relationships with management when analyzing demand futility and that directors’ duty to monitor does have substance.
1 minute read
Publication Date: 2019-08-07
Practice Area: Toxic Torts
Industry: Automotive | Chemicals and Materials
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Adam Balick and Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE; Bartholemew J. Dalton, Ipek K. Medord, Andrew C. Dalton and Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for plaintiffs.
for defendant: Jason A. Cincilla, Amaryah K. Bocchino, Ryan W. Browning and Tye C. Bell, Manning Gross + Massenburg LLP, Wilmington, DE for defendant The Goodyear Tire & Rubber Co. Paul A. Bradley and Antionette D. Hubbard, Maron Marvel Bradley An-derson & Tardy LLC, Wilmington, DE for defendant Copes-Vulcan, Inc. Christian J. Singewald and Rochelle L. Gumapac, White and Williams LLP, Wilmington, DE; Jessica L. Ellsworth, Hogan Lovells US LLP, Washington, DC for defendant Ford Motor Co.
Case Number: D68659
In this asbestos exposure case, the report of plaintiffs' expert relying solely on cumulative exposure was insufficient, because plaintiffs were required to show that exposure from each defendant's product was a substantial factor in causing injury.
July 31, 2019 | Delaware Business Court Insider
Enforcement mechanisms available to creditors of Delaware corporations may include, inter alia, claims against directors to recover unlawful dividends under Section 174 of the Delaware General Corporation Law; and fraudulent transfer claims against the corporation and transferees including, where Delaware law applies, under Delaware's Uniform Fraudulent Transfer Act.
1 minute read
July 8, 2019 | Litigation Daily
'We know when and how to pick our fights...We're straight shooters, and strategic about what arguments to make.'
1 minute read
June 18, 2019 | Delaware Business Court Insider
A three-judge panel of the high court left in place a Chancery Court decision that stayed a Department of Finance lawsuit seeking to enforce an administrative subpoena that would allow the state to investigate the firm's compliance with the state's escheat laws.
1 minute read
June 12, 2019 | New York Law Journal
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss the Delaware Court of Chancery's decision in 'City of Tamarac Firefighters' Pension Tr. Fund v. Corvi', which reminds practitioners of the steep burden facing a derivative plaintiff seeking to plead that a board wrongfully refused its pre-litigation demand and provides guidance on several recurring aspects of board responses to demands
1 minute read
Publication Date: 2019-04-24
Practice Area: Privacy
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Stephen P. Norman of The Norman Law Firm, Dagsboro, DE for plaintiff.
for defendant: Michael F. McTaggart and Carla A.K. Jarosz of the Delaware Dept' of Justice, Wilmington, DE for de-fendants.
Case Number: D68537
Collateral estoppel applied to the questions of consent and revocation in this civil matter, because the court already decided those issues in the context of an earlier criminal proceeding.
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