A Third Circuit panel has affirmed a lower court’s move to toss a suit brought by oil tycoon Jack Grynberg against a group of individuals and companies he accused of transferring money to avoid paying a $3.6 million judgment, deciding that the allegations were not specific enough.
A Nutrisystem Inc. shareholder claimed in a proposed class action in Delaware federal court that not enough information has been provided for investors to make an informed decision whether to support the proposed $1.3 billion merger between the company and Tivity Health Inc.
Public stockholders of student and specialty lender First Marblehead Corp. challenged the company’s roughly $65 million go-private sale in Delaware’s Chancery Court on Wednesday, alleging the 2016 deal was steered by a conflicted controlling group to a company owned by First Marblehead’s second-largest stockholder.
The Third Circuit set new precedent Thursday as it revived a T-Mobile unit’s challenge to a Wilmington, Delaware, zoning decision that blocked the company from building a cell tower, saying T-Mobile’s efforts to remedy the prematurely filed lawsuit were enough to allow it to proceed.
The developer of a scuttled observation wheel project objected Thursday in Delaware to the Chapter 11 plan disclosure statement of wheel designer and builder Mammoet-Starneth LLC, seeking to reserve its rights to oppose the plan should a consensual agreement among the parties not be reached.
A group of landlords that leased store properties to bankrupt discount retailer J&M Sales Inc. objected late Wednesday to a move to convert the cases to Chapter 7 liquidations, saying it can’t occur until they receive prepetition and post-petition rent payments they are owed.
A Delaware judge dismissed hotel technology holding company interTouch Holdings LLC’s Chapter 11 on Thursday, ruling there was no valid bankruptcy purpose to be served as the filing was simply an attempt to avoid a sale of the company’s assets ordered by a New York court.
Environmentalists urged the U.S. Supreme Court Wednesday to review a Third Circuit decision finding that it could hear their challenge to Pennsylvania’s approval of a pipeline permit before a state board reviewed the matter, saying the ruling would lead to incomplete records and strip aggrieved parties of their due process rights.
The Massachusetts attorney general told a Delaware bankruptcy court judge late Tuesday that utility provider Starion Energy Inc. misrepresented its financial distress when filing for Chapter 11 protection and that its petition was made in bad faith, requiring its dismissal.
A Delaware federal judge refused Wednesday to dismiss claims brought against the former parent company of a hotel manager in a suit to enforce a nearly $60 million arbitral award relating to a luxury Morocco hotel, concluding that there was sufficient evidence the two companies had acted as a single entity.
A global health care and biosecurity company told Delaware’s Supreme Court Wednesday that a Chancery Court dismissal of its more-than $3 million contract dispute with a former partner misapplied ordinary statute of limitation precedents for installment contracts, allowing the ex-partner to avoid a breach liability.
Trustees representing holders of $297 million in notes issued by bankrupt LBI Media Inc. objected Wednesday to the company’s Delaware Chapter 11 disclosure statement, citing concerns ranging from inadequate review time and undisclosed details about company sale plans to provisions for top officer compensation.
The Delaware chancellor is considering a request by attorneys for investors who unsuccessfully challenged the roughly $170 million merger of furniture companies Design Within Reach Inc. and Herman Miller Inc. that they should be awarded $1.5 million in fees because they identified defective corporate acts that were subsequently fixed and legitimized the merger.
The U.S. Trustee's Office on Wednesday objected to bankrupt hospital operator Promise Healthcare Group LLC’s plan to pay up to $3 million in bonus pay to an executive if certain targets are met in its planned Chapter 11 sale of assets, contending that the debtors have failed to justify the incentive payout.
The Chapter 11 case of oil storage company Fairway Energy LP will stay in Delaware after a bankruptcy judge on Wednesday denied a bid by a pair of equity holders to transfer the proceedings to Houston, saying great deference should be given to the debtor’s choice of venue.
The National Football League scored a victory Wednesday when the New Jersey Supreme Court ruled that the sale of only 1 percent of 2014 Super Bowl tickets to the public via a lottery did not violate a now-repealed state statute, as the justices provided guidance to the Third Circuit in a putative class action against the NFL.
Ex-movie mogul Harvey Weinstein received permission in Delaware bankruptcy court Tuesday to use emails exchanged with accusers leveling sexual misconduct claims against him in his civil and criminal defense, but can't make them public for 48 hours to allow a proposed class of accusers time to seek additional restrictions in New York federal court.
A Red Hat Inc. investor on Tuesday voluntarily dismissed a proposed class action in Delaware federal court that aimed to block a shareholder vote on the software company's planned $34 billion sale to IBM.
Attorneys for bankrupt oil storage firm Fairway Energy LP told a Delaware bankruptcy judge Tuesday that its Chapter 11 proceedings should remain in the First State to facilitate marketing efforts for its underground oil storage operations on a national level.
A Delaware federal magistrate judge on Tuesday recommended trimming some claims as time-barred in a proposed class action against Fiat Chrysler that alleges a defect in certain Chrysler and Dodge vehicles caused tires to corrode or deflate.
Class actions challenging proposed corporate mergers continue to be filed at record levels. And there are no signs that the shift of such cases from state to federal courts will let up in the years to come, say Robert Long and Andrew Sumner of Alston & Bird LLP.
The record $5 million settlement between Oath and the New York attorney general's office this month is more than just a win for children illegally targeted by advertising — it demonstrates how the government can protect our privacy and safety online, says James Steyer, a civil rights attorney and founder of Common Sense Media.
David M. Hargrove's new book, "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.
While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.
Few cases address a landlord debtor’s bankruptcy and its effect upon tenants. The matter of Revel AC, decided by the Third Circuit on Nov. 30, deals not only with that issue but also with the effect of a Section 363(f) bankruptcy court’s asset sale order, says Michael Cook of Schulte Roth & Zabel LLP.
One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.
Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.
A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.
The U.S. Supreme Court decided TC Heartland v. Kraft Foods in May 2017, revitalizing the patent venue statute. Alex Chachkes and Josh Montgomery of Orrick Herrington & Sutcliffe LLP review its impact over the past year and a half.
Two recent decisions from the Federal Circuit — Novartis AG v. Ezra Ventures and Novartis Pharmaceuticals v. Breckenridge Pharmaceutical — clarify the law of "obviousness-type double patenting" and give certainty to biopharmaceutical patent owners, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.