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Author Archives: delawarelitigator
United States Supreme Court Issues Much Anticipated TC Heartland LLC v. Kraft Foods Group Brands LLC Decision
This morning, the United States Supreme Court decided a matter that will likely have a significant impact on Delaware. In TC Heartland LLC v. Kraft Foods Group Brands LLC Decision, the Court concluded that most patent infringement lawsuits can only … Continue reading
Cooch and Taylor Obtains Summary Judgment for its Clients on Trade Secret Claims
Cooch and Taylor continues to lead in the field of trade secret law in Delaware. On April 20, 2017, Delaware Superior Court Judge Butler granted partial summary judgment in favor of Cooch and Taylor’s clients, Defendants Gastroenterology Associates P.A., Thomas … Continue reading
Posted in Delaware Superior Court
Tagged summary judgment, superior court, Trade secrets
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Attorneys – Will Workers’ Compensation Cover Your Softball Injury?
In the case of Morris James LLP v. Weller, the Superior Court reversed and remanded the findings of the Industrial Accident Board (the “Board”), holding that the Board applied the incorrect legal standard in finding a softball related injury was … Continue reading
Posted in Delaware Superior Court
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Standard of Review for Executive Compensation Awards: In Re Investors Bancorp, Inc. Stockholder Litigation
In the case of In Re Investors Bancorp, Inc. Stockholder Litigation, stockholders filed a derivative complaint on behalf of Investors Bancorp, Inc. (the “Company”) alleging directors breached their fiduciary duties in awarding themselves grossly excessive awards under the Equity Incentive … Continue reading
Posted in Delaware Court of Chancery
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Superior Court Decides Insurance Coverage Dispute Concerning Dole Stockholder Settlement
The Delaware Superior Court recently decided Arch Insurance Company v. Murdock, Del. Super. C.A.N16C-01-104 EMD CCLD. Six Directors and Officers Liability excess insurers (“Insurers), sought a declaration that they did not have to fund an underlying settlement due to Defendants’ … Continue reading
Posted in Delaware Superior Court
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Charging Liens: The Type of Fee Agreement Matters
On appeal from the Court of Chancery, the Delaware Supreme Court addressed whether and to what extent a charging lien may be imposed on a judgment to recover unpaid attorney’s fees. In the case at bar, Katten Muchin Rosenman LLP … Continue reading
Superior Court Judge Rocanelli Grants New Trial Because of Faulty Jury Instruction
In Lisowski, et al. v. Bayhealth Medical Center, Judge Rocanelli granted the Plaintiffs’ Motion for a New Trial in a medical negligence action. After an eight day trial, the jury found that Bayhealth had committed medical negligence but that the … Continue reading
Posted in Delaware Superior Court
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DELAWARE’S WAGE PAYMENT AND COLLECTION ACT AND LIMITED LIABILITY COMPANIES: NO PERSONAL LIABILITY FOR MEMBERS
In a case defended by Cooch and Taylor, the Delaware Superior Court recently ruled on the question of a Limited Liability Company (“LLC”) member’s individual liability for alleged LLC wage debts under Delaware’s Wage Payment and Collection Act (“Act”), 19 … Continue reading
Posted in Delaware Superior Court, Uncategorized
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In the Age of Internet and Personal Jurisdiction
Judge LeGrow of the Delaware Superior Court recently addressed an issue facing courts across the nation: Does one submit themselves to personal jurisdiction within a state based simply on statements made over the World Wide Web? In the case at … Continue reading
Posted in Delaware Superior Court
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Court of Chancery Denies Stockholder Books and Records Request
In a Memorandum Opinion issued August 31, 2016, Judge LeGrow, sitting as a Vice Chancellor by designation pursuant to Del. Const. art. IV, § 13(2), denied a shareholder demand for the inspection of books and records related to $69 million … Continue reading