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Publication Date: 2024-05-06
Practice Area: Legal Malpractice
Industry: Insurance | Legal Services
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: Michael R. Ippoliti, Ippoliti Law Group, Wilmington, DE for appellant.
for defendant: Sally J. Daugherty, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for appellee.
Case Number: D75841
Trial court erred in dismissing legal malpractice complaint on a superseding cause defense where it failed to address plaintiff's contention that defendant's negligent representation resulted in the parties failing to prevail on all claims in the underlying action, which would have negated the superseding event.
Publication Date: 2024-04-29
Practice Area: Damages
Industry: Energy | Legal Services | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Theodore A. Kittila, James G. McMillan, William E. Green, Jr., Halloran Farkas + Kittila, LLP, Wilmington, DE for plaintiff.
for defendant: Robert J. Katzenstein, Robert K. Beste, Lauren A. Ferguson, Smith Katzenstein & Jenkins, Wilmington, DE for defendants.
Case Number: N23C-07-200 EMD CCLD
Court dismissed malicious prosecution claim against legal counsel where the claim arose from litigation filed in another jurisdiction and counsel lacked sufficient contacts to support general personal jurisdiction.
Publication Date: 2024-04-08
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Legal Services | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1731
Bankruptcy court correctly rejected debtors' motion to modify their reorganization plan to obtain relief from a release of legal malpractice claims against their bankruptcy counsel where the motion was filed after debtors had substantially consummated the plan.
Publication Date: 2024-02-26
Practice Area: Labor Law
Industry: Financial Services and Banking | Legal Services
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Peter J. Walsh, Jr., Michael A. Pittenger, Hayden J. Driscoll, Potter Anderson & Corroon LLP, Wilmington, DE; Michael A. Barlow, Quinn Emanuel Urquhart & Sullivan, LLP, Wilmington, DE for plaintiff.
for defendant: Samuel D. Cordle, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for defendant.
Case Number: 2022-1179-KSJM
Court sustained objection to request for advancement of two categories of fees where plaintiff failed to seek advancement of those fees in her original complaint and could not raise them in a subsequent motion for payment.
Publication Date: 2024-01-08
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Legal Services | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Julie Goldsmith Reiser, Molly J. Bowen, Brendan Schneiderman, Cohen Milstein Sellers & Toll PLLC, Washington, DC; Katherine Lubin Benson, Lieff Cabraser Heimann & Bernstein, LLP, San Francisco, CA; Nicholas Diamond, Gabriel A. Panek, Lieff Cabraser Heimann & Bernstein, LLP, New York, NY; Ellen Rosenblum, Attorney General, Brian A. de Haan, Senior Assistant Attorney General, Oregon Department of Justice, Portland, OR; Andrew E. Blumberg, Daniel E. Meyer, Bernstein Litowitz Berger & Grossman LLP, Wilmington, DE; Ned Weinberger, Labaton Sucharow LLP, Wilmington, DE; Christopher H. Lyons, Tayler D. Bolton, Robbins Geller Rudman & Dowd LLP, Wilmington, DE; Randall J. Baron, David A. Knotts, Robbins Geller Rudman & Dowd LLP, San Diego, CA; Lee Rudy, Eric L. Zagar, Geoffrey C. Jarvis, Kessler Topaz Meltzer & Check, LLP, Radnor, PA; Jeremy Friedman, David Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY for plaintiffs.
for defendant:
Case Number: 2023-0418-JTL
Court granted the application of a plaintiff team to lead a consolidated derivative action where counsel had organized the stronger litigation team and the selected plaintiffs consistent of public agencies/officials with extensive financial experience.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-12-18
Practice Area: Bankruptcy
Industry: Legal Services
Court: U.S. Bankruptcy Court
Judge: Judge Silverstein
Attorneys: For plaintiff:
for defendant:
Case Number: 20-10343 (LSS)
Court denied ad hoc claimant committee's request for reimbursement of professional fees from the bankruptcy estate where its work appeared duplicative of the work performed by the estate and official committee of claimants and was contrary to facilitating resolution of an official committee's internal disputes.
Publication Date: 2023-12-11
Practice Area: Patent Litigation
Industry: Legal Services | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1247-CFC
Court referred plaintiffs' counsel for disciplinary investigations after finding that they acted at the direction of patent monetization firms rather than the named plaintiffs in the present patent infringement cases.
Publication Date: 2023-10-09
Practice Area: Intellectual Property
Industry: E-Commerce | Legal Services | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY for plaintiffs.
for defendant: David E. Moore, Bindu A. Palapura, Andrew L. Brown Potter Anderson & Corroon LLP, Wilmington, DE; Gabriel M. Ramsey, Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Shira Liu, Margaux Poueymirou, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Crowell & Moring LLP, Washington, D.C. for defendant.
Case Number: 20-cv-613-SB
Court excluded economic expert's testimony as unsupported by data and methodology where expert claimed there was little likelihood of a market for plaintiffs' product, since there were insufficient facts about the attributes of the product or whether there were current substitutes for the product already on market.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Construction | Legal Services | State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
Case Number: N21C-12-039
Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.
Publication Date: 2023-07-17
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory | Legal Services
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Ryan M. Ernst, Bielli & Klauder, LLC, Wilmington, DE; Michael A. Rogovin, Weiss Law, Atlanta, GA for plaintiff
for defendant: Paul J. Lockwood, Arthur R. Bookout, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for defendant.
Case Number: 2021-0202-KSJM
Supplemental proxy disclosures that were only marginally helpful to shareholders and were not clearly material to their analysis only supported a minimal award of legal fees and costs to plaintiff stockholder.
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