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Delaware
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April 02, 2024
3rd Circ. Preview: Black Lung, Back Pay On Tap In April
The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.
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April 02, 2024
Judge Notes There's No 'Jump To Conclusions' Mat In His Court
In throwing out a lawsuit against a luxury car brand, a Delaware federal judge likened an expert report proffered by a patent litigation outfit to the absurd "Jump To Conclusions" mat from the 1999 movie "Office Space."
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April 02, 2024
Straight Path Attys Seek $9.5M Fee After Chancery IDT Ruling
Attorneys who mostly lost a yearslong Court of Chancery stockholder suit seeking as much as $1.2 billion in damages from IDT Corp. founder Howard Jonas based on allegedly coerced liability releases are seeking a $9.5 million attorney fee, saying the case proved Jonas' fiduciary disloyalty.
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April 02, 2024
Hunter Biden Can't Toss 'Vindictive' Criminal Tax Charges
Hunter Biden lost his bid to end his criminal tax case over claims his prosecution is vindictive and politically motivated, among other arguments, after a California federal judge ruled Monday that Biden "filed his motion without any evidence" and merely "cites portions of various internet news sources, social media posts and legal blogs."
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April 02, 2024
Theseus Investor Seeks Appraisal After Concentra Merger
A fund invested in clinical-stage biopharmaceutical company Theseus Pharmaceuticals Inc. has petitioned Delaware's Court of Chancery for an appraisal of the investor's 250,000 shares following Theseus' $4.05 per-share consolidation in February with Concentra Biosciences LLC.
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April 02, 2024
Chile Telecom Co. WOM Can Tap $100M DIP In US Bankruptcy
The second-largest cellphone network operator in Chile, WOM SA, can access $100 million of a debtor-in-possession package during the first leg of its Chapter 11 case, a Delaware bankruptcy judge ruled Tuesday, overriding objections from creditors.
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April 02, 2024
Fed. Circ. Seems Ready To Revive Amarin's Skinny Label Suit
A Federal Circuit panel seemed wary Tuesday of a Delaware federal judge's decision to throw out Amarin Pharma Inc.'s infringement suit over Hikma Pharmaceuticals USA Inc.'s limited-use version of the blockbuster cardiovascular drug Vascepa, suggesting the district court may have been too hasty.
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April 02, 2024
Insurer Sues For Oxbow Director Legal Fees In Crestview Suit
An insurer for two former Oxbow Carbon LLC directors sued the company in Delaware's Court of Chancery on Monday seeking recovery of millions paid to defend the pair in a long-running battle dating to 2016 over investor efforts to force a sale of the multifaceted energy company.
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April 02, 2024
Del. Justices Agree To Review Ex-Xerox Unit Coverage Row
The Delaware Supreme Court agreed Tuesday to review a lower court's decision to set aside a jury verdict finding that an ex-Xerox unit tried to defraud its insurers into providing coverage for a portion of a $236 million Medicaid fraud-related settlement with Texas.
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April 02, 2024
Arena Group Shareholders Sue Former CEO In Delaware
Shareholders of the Arena Group — the digital publisher behind Sports Illustrated, TheStreet, Men's Journal and other brands — have sued the group's former CEO in Delaware's Court of Chancery, alleging wrongdoings ranging from fraud to gross negligence and demanding more than $10 million in compensatory damages.
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April 02, 2024
Ohio Regulator Urges Justices To Review FERC Deadlock Rule
The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.
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April 02, 2024
Shoes For Crews Footwear Co. Hits Ch. 11 With $480M Debt
Nonslip shoe company Shoes for Crews filed for Chapter 11 protection in Delaware on Tuesday with $480 million in funded debt and a stalking horse bid from its lenders.
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April 02, 2024
100-Plus Groups Rally Behind Adeel Mangi For 3rd Circ.
Over 100 federal and state advocacy groups sent a letter to senators on Tuesday urging them to support Adeel Mangi, nominee for the Third Circuit, who would be the first Muslim federal appellate judge if confirmed, amid increasing opposition to him.
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April 01, 2024
Fed. Circ. Revives Challenges To J&J Schizophrenia Drug
A Federal Circuit panel on Monday gave generics-makers Teva Pharmaceuticals USA Inc. and Viatris Inc. a new chance to prove that a patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid, saying a lower court used an "erroneously rigid" analysis when rejecting their challenge.
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April 01, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.
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April 01, 2024
Trump's Truth Social Florida Suit Leaves Del. Judge 'Agog'
A Florida lawsuit pitting Donald Trump's social media company against the two former "Apprentice" contestants who helped the former president create the Truth Social platform has flummoxed a Delaware Chancery judge, who said Monday the litigation left him "dumbfounded."
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April 01, 2024
High Court Refuses To Revisit Alice Ruling In Steel Beam Case
The U.S. Supreme Court declined Monday to revisit its landmark ruling on how courts should determine patent eligibility, this time rejecting a plea coming from a company whose claim to have invented an important new method for automating the manufacture of steel beams failed to hold up in court.
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April 01, 2024
Skillz Hid 'Rudimentary' Gaming Tech, Investors Tell 9th Circ.
Skillz Inc. investors urged the Ninth Circuit Monday to revive a consolidated proposed class action alleging the mobile-gaming company misled investors about its growth prospects surrounding its 2021 go-public merger with a special-purpose acquisition company — arguing Skillz skewed revenues and misleadingly touted its gaming technology, which was in reality "rudimentary."
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April 01, 2024
Philip Morris Loses Chancery Bid To Join Reynolds-ITG Suit
Philip Morris' "inexcusable," years-long inaction doomed its request to intervene for a cut of millions of dollars in profit adjustments, headed toward a Chancery Court trial later this year, in a dispute between two other tobacco giants over how much each party owes under a settlement with Florida, a Delaware vice chancellor ruled Monday.
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April 01, 2024
Investor Challenges GitLab Inc. Nominating Bylaw In Chancery
An investor in software development security venture GitLab Inc. has hit the company with a proposed class challenge to advance notice nominating restrictions for proxy contests, the latest in a string of suits branding the provisions "restrictive and coercive."
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April 01, 2024
One Set Of Amazon Buyers Can't Cancel Later Antitrust Case
Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.
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April 01, 2024
Doctors Don't Have To Give Expert Opinions In Med Mal Suit
A Pennsylvania federal judge has thrown out a man's suit seeking to force his doctors to provide an affidavit of merit for a malpractice suit, saying there's no legally recognized duty the doctors breached by refusing.
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April 01, 2024
Morris James Forms M&A Group With 3 Attys From Skadden
Morris James LLP has hired three attorneys from Skadden Arps Slate Meagher & Flom LLP to launch the Delaware firm's new corporate and mergers and acquisition practice and enhance its already established corporate law services, the firm said Monday.
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April 01, 2024
Masimo Rips Politan's New Attempt To Grab Board Seats
Medical technology company Masimo Corp. on Monday pushed back against activist allegations of broken governance and lack of independent oversight, saying investor Politan Capital Management LP's plans to oust its current chairman and CEO contradict shareholders' best interests.
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April 01, 2024
Canadian Trucking Co. Seeks US Bankruptcy Recognition
Canadian truck dealers the Pride Group on Monday asked a Delaware judge for U.S. recognition of the Canadian insolvency proceedings it began in the face of a more than $90 million claim from Mitsubishi over an alleged loan default.
Expert Analysis
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6 Joint-Inventorship Lessons From Fed. Circ.'s Hormel Ruling
The recent Federal Circuit ruling in HIP v. Hormel, finding that David Howard of HIP was not a joint inventor of a Hormel patent, offers patent litigation and application tips, like discussing any work performed under a joint research agreement and assigning invention ownership rights to a specific entity, say attorneys at BCLP.
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Mootness Fees Are Losing Traction In Del. And Federal Courts
The Delaware Chancery's recent decision in Anderson v. Magellan Health deals a significant blow to plaintiffs attorneys seeking mootness fees for merger litigation brought in that state, and federal courts are trending in the same direction, say Paul Marino and Michael Fialkoff at Day Pitney.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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9th Circ. Gap Ruling Creates Split On Forum Selection Clause
The Ninth Circuit recently held in Lee v. Fisher that a forum selection clause in Gap's bylaws requiring all derivative claims to be brought in Delaware state court is enforceable, but since the Seventh Circuit struck down a similar clause in Boeing's bylaws last year, Supreme Court review may be on the horizon, say attorneys at Davis Polk.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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'Entire Fairness' Takeaways From Tesla-SolarCity Ruling
In its recent decision affirming dismissal of stockholder claims against Elon Musk in connection with Tesla's $2.6 billion acquisition of SolarCity, the Delaware Supreme Court indicated how an entire fairness analysis is best presented, say attorneys at Fried Frank.
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How Construction Industry Can Help Mitigate Wildfire Impact
The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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3 Ways Courts Approach Patent Eligibility At Trial And After
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Disney Investor Suit Shows Limit Of Del. Books, Records Law
While Section 220 of the Delaware General Corporation Law remains an important shareholder tool to obtain access to corporate books and records, the Delaware Chancery Court's recent decision in Simeone v. Disney illustrates the extent that judges will allow the use of Section 220 to scrutinize disagreements about corporate speech on ESG issues, say Stephen Kraftschik and Robert Penza at Polsinelli.
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Challenging Standing In Antitrust Class Actions: Timing
The early resolution of Article III standing disputes in antitrust class actions can result in sizable efficiencies, but some litigants and courts are improperly relying on the Amchem and Ortiz U.S. Supreme Court cases to defer standing issues until after ruling on plaintiffs' class certification motions, say Michael Hamburger and Holly Tao at White & Case.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.