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June 16, 2023 | Delaware Business Court Insider
"It is black letter law in this Circuit that the gold standard for determining the value of an asset is to sell it in an open and fair market," stated U.S. Bankruptcy Judge Brendan Linehan Shannon. "A thing is worth what a willing buyer will pay to a willing seller following a proper marketing process.
By Colleen Murphy
4 minute read
February 2, 2023 | Delaware Business Court Insider
"Legal duties do not spring from silence. Congress never said that drug makers must deliver discounted Section 340B drugs to an unlimited number of contract pharmacies," Judge Stephanos Bibas wrote. "So by trying to enforce that supposed requirement, the government overstepped the statute's bounds. And HHS did not violate the APA by purporting to withdraw the proposed ADR Rule before later finalizing it."
By Colleen Murphy
7 minute read
December 15, 2022 | Delaware Business Court Insider
"The sheriff's sale occurred more than eight months after Harmon filed her first complaint, and therefore the first action does not bar her claims challenging the sheriff's sale," stated the per curiam opinion. "The District Court reasoned that Harmon could have amended her complaint in the first action to include these later-arising claims, but Morgan chose its bright-line rule in part to avoid 'disputes about whether plaintiffs could have amended their initial complaints to assert claims based on later-occurring incidents.'"
By Colleen Murphy
3 minute read
December 15, 2022 | Law.com
"The sheriff's sale occurred more than eight months after Harmon filed her first complaint, and therefore the first action does not bar her claims challenging the sheriff's sale," stated the per curiam opinion. "The District Court reasoned that Harmon could have amended her complaint in the first action to include these later-arising claims, but Morgan chose its bright-line rule in part to avoid 'disputes about whether plaintiffs could have amended their initial complaints to assert claims based on later-occurring incidents.'"
By Colleen Murphy
3 minute read
November 30, 2022 | Delaware Business Court Insider
A federal judge in New Jersey denied a motion by BJ's Wholesale and Conagra Brands that had accused the plaintiff of fraudulently joining a New Jersey resident to the case in order to defeat diversity jurisdiction and prevent removal to federal court.
By Colleen Murphy
3 minute read
October 24, 2022 | Delaware Business Court Insider
"The WESCA 'emphasizes the protection of privacy,'" stated Judge Thomas L. Ambro. "Consistent with that emphasis, it applies when anyone intercepts communications—that is, takes an action to acquire them with a device. And it requires all parties—not just a party—to consent to that interception."
By Colleen Murphy
7 minute read
September 19, 2022 | Delaware Business Court Insider
"Jenzack asks us to slalom past an intervening settlement agreement and a plainly written consent judgment to award it more than a million dollars in post-judgment interest," Judge Joseph A. Greenaway Jr. stated. "We choose a different path."
By Colleen Murphy
7 minute read
September 12, 2022 | Delaware Business Court Insider
In a precedential opinion, the U.S. Court of Appeals for the Third Circuit ruled that White & Case is not conflicted out of a bankruptcy case after hiring a partner from opposing counsel Sidley Austin who previously worked on the matter.
By Colleen Murphy
4 minute read
The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.
Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.
We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...
Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...
Seeking a compassionate and experienced estate administration attorney for growing boutique estate planning and elder law practice. Huge eq...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS