Delaware Fiduciary Duty Law

Katie Rund v. United States of America

Willmington, Delaware personal injury lawyer <a href="http://www.morelaw.com/lawyers/atty.asp?f=Chase&l=Brockstedt&i=146865&z=19958" target="_new">Chase Brockstedt</a> who represented the Plaintiff who sued on a Federal Tort Claims Act auto negligence theory. Under Delaware car/auto accident law, negligent drivers can be held liable and ordered to pay civil damages, i.e., fair and reasona... More...

$1 (05-30-2024 - DE)

United States of America v. Robert Hunter Biden

<h2>Willmington, Delaware criminal defense lawyers <a href="http://www.morelaw.com/lawyers/atty.asp?f=Abbe&l=Lowell&i=40934&z=20006" target="_new">Abbe David Lowell</a>, <a href="http://www.morelaw.com/lawyers/atty.asp?f=Bartholomew&l=Dalton&i=30005&z=19806" target="_new">Batholomew J. Dalton</a>, <a href="http://www.morelaw.com/lawyers/atty.asp?f=Connor&l=Dalton&i=146862&z=19806" target="_new">Co... More...

$0 (06-03-2024 - DE)

Helena Dupont Wright, et al. v. Elton Corporation, et al.

Wilmington, DE labor law lawyers represented the Plaintiffs who sued the Defendants on an E.R.I.S.A. law theory. "ERISA is a federal law enacted in 1974 that protects the interests of participants in private-sector employee benefit plans. These plans can include pension plans, health insurance plans, and life insurance plans. ERISA sets minimum standards for these plans and imposes certai... More...

$1 (05-12-2023 - DE)

Elmer Daniels v. United States of America, et al.

Wilmington, Delaware personal injury lawyers represented the Plaintiff who sued the Defendants on Federal Tort Claim Act civil rights violation theories. <h2>The Complaint</h2> Plaintiff Elmer Daniels, by his undersigned attorneys, files this Complaint against the United States of America, Michael P. Malone, the City of Wilmington, Philip Saggione III, and John Does ... More...

$0 (12-11-2020 - DE)

Alexander Wimbush v. BP Exploration & Production Inc., et al.

Wilmington, Delaware personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory. "Delaware personal injury negligence law governs situations where someone gets hurt due to another party's carelessness or failure to act reasonably. Here's a breakdown of key aspects: Duty of care: Property owners, businesses, and individuals all have a duty of ca... More...

$0 (01-08-2024 - DE)

Elmer Daniels v. United States of America, et al.

Plaintiff Elmer Daniels, by his undersigned attorneys, files this Complaint against the United States of America, Michael P. Malone, the City of Wilmington, Philip Saggione III, and John Does 1-10 for violating his rights and causing his wrongful incarceration. He alleges as follows: INTRODUCTION 1. In 1980, Elmer Daniels, an 18-year-old black male, was wrongfully convicted of ... More...

$0 (07-06-2023 - DE)

State of Delaware v. Elmer Daniels

Wilmington, DE: On January 15, 1980, a 15-year-old girl reported she had been raped along the railroad tracks in Wilmington, Delaware. School was out that day because of the Dr. Martin Luther King Jr. holiday, and the girl, known as G.S., said she had been at a party with some friends. She left about 5 p.m. with a 15-year-old boy, known as K.C., to call a friend from a telephone at a gas ... More...

$0 (01-14-2023 - DE)

United States of America v. Patrick Titus

Wilmington, Delaware criminal defense lawyer represented Defendant charged with unlawfully distributing drugs and maintaining a drug involved premises. Patrick Titus, 58, of Milford, was convicted by a federal jury in July 2021 of 13 counts of unlawfully distributing and dispensing controlled substances and one count of maintaining a drug-involved premises. "This sentence is a re... More...

$0 (03-01-2022 - DE)

Tamra N. Robinson v. First State Community Action Agency

<center> <img width="300" src="https://www.usmarshals.gov/district/de/locations/delaware.jpg"> </center> Tamra Robinson was told by her manager Karen Garrett that her work performance was so poor that “you either don’t know what you’re doing, or you have a disability, or [you’re] dyslexic.” Taking Garrett’s words seriously, Robinson, who had never before considered the... More...

$0 (04-01-2019 - DE)

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ <table> <td>

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mothe... More...

$0 (09-09-2018 - DE)

Brinckerhoff v. Enbridge Energy Company, Inc

The facts are drawn from the Complaint, the operative limited partnership agreements, other documents that are integral to the Complaint and matters of which the Court may take judicial notice. a. The Parties Plaintiff Peter Brinckerhoff (“Brinckerhoff” or “Plaintiff”), individually and as trustee of the Peter R. Brinckerhoff Rev. Tr. U.A. DTD 10/17/97 (the “Trust”)... More...

$0 (04-29-2016 - DE)

In Re: Trump Entertainment Resorts

The facts giving rise to this appeal are undisputed. The Debtors own and operate the Trump Taj Mahal casino in Atlantic City, New Jersey. The casino employs 2,953 employees, 1,467 of whom are unionized. UNITE HERE Local 54 is the largest of the employee unions, representing 1,136 employees. The most recent CBA between the Union and Taj Mahal was negotiated in 2011 for a three-year term. It co... More...

$0 (04-03-2016 - DE)

STATE OF DELAWARE v. LUIS REYES

The bodies of Brandon Saunders and Vaughn Rowe were discovered in a wooded area of Rockford Park in Wilmington, Delaware, on January 21, 1996. Nearly four years later, on December 6, 1999, Luis Reyes ("Reyes") and Luis Cabrera ("Cabrera") were indicted as co-defendants for the murders of Saunders and Rowe ("Rockford Park Murders").1 The State sought the death penalty for both Reyes and Cabrera in ... More...

$0 (03-13-2016 - DE)

Marino v. Patriot Rail Company LLC

The facts are drawn from the affidavits and supporting documents that the parties submitted in connection with their motions for summary judgment. The parties agreed in their briefs and at oral argument that there were no disputes of material fact that would affect the outcome. Pursuant to Court of Chancery Rule 56(h), the cross-motions therefore became “the equivalent of a s... More...

$0 (03-01-2016 - DE)

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al.

In March 2011, two sophisticated investors (the “Walnut Investors”) acquired preferred units in PECO Logistics, LLC (“PECO” or the “Company”) and became parties to an LLC agreement that afforded them the voluntary right to sell their preferred units back to PECO three years later (the “Put Right”). The LLC agreement provides that, upon exercise of the Put Right... More...

$0 (01-01-2016 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources & Environmental Control, et al.

The Plaintiff filed his Verified Complaint on October 11, 2012. The Complaint alleged seven counts against the Defendants: Count I alleges that DNREC violated numerous statutes to illegally build the Turbine; Count II alleges that the City violated statutes and zoning ordinances to illegally issue the Building Permit; Counts III and IV allege violations of the Delaware Freedom... More...

$0 (01-01-2016 - DE)

In re: New Media Books and Records Action

Plaintiffs Edward Deane, George Wihbey, and William Cunningham (the “Plaintiffs”) are members of Defendant New Media Investors II-B, LLC (“New Media”), a Delaware entity, established in 2000 as a vehicle for investing in Jenzabar, Inc. (“Jenzabar”), a software and internet services company.1 In 2004, Jenzabar was recapitalized and New Media received junior preferre... More...

$0 (12-29-2015 - DE)

December Corp. v. Wild Meadows Home Owners Association, et al.

Plaintiff December Corporation (“December Corp.”) is a Pennsylvania corporation whose principal business is to manage and maintain housing communities.1 December Corp. manages the Wild Meadows manufactured housing community (“Wild Meadows”), which is an “active adult manufactured housing community”2 located in Dover, Delaware. Defendant Wild Meadows Home Owners Association (“WMHA�... More...

$0 (12-23-2015 - DE)

Juan Restrepo-Duque v. State Of Delaware

On February 14, 2010, Kenton Wesley Wolf was shot with a BB gun and stabbed to death in his Smyrna residence. The police arrested Juan Restrepo Duque (“Restrepo”), an eighteen-year-old Colombian national who had been living in the U.S. for seven years, and charged him with Wolf’s murder. A Superior Court jury found Restrepo guilty of second degree murder, possession of a deadly weapon dur... More...

$0 (12-20-2015 - DE)

RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court, counsel for RBC emphasized that RBC “intentionally made appellate arguments that do not require this Court to review findings of fact.” Although RBC has chosen to avoid any direct and specific challenge to the facts as found by the trial court, this Court, nevertheless, has examined the appel... More...

$0 (12-01-2015 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once part of a planned, but never used, industrial park owned by the University of Delaware. The land was acquired from the University by the State Department of Natural Resources and Environmental Control (“DNREC”), ... More...

$0 (12-01-2015 - DE)

Aaron Houseman and Nancy Houseman v. Eric S. Sagerman, et al.

In 1996, Nancy Houseman and her husband Aaron Houseman (together the ―Housemans‖) formed Med-Legal, Inc.,2 which they sold to Universata, Inc. (―Universata,‖ or the ―Company‖) in 2006 for a seven-year stream of payments totaling approximately $9 million.3 In 2009, after the Company had difficulty making their payments, the Housemans and Uni... More...

$0 (11-20-2015 - DE)

The Honorable Karen Weldin Stewart, et al. v. Wilmington Trust SP Services, Inc., et al.

This 2nd day of November 2015, upon consideration of the parties’ briefs and the record below, it appears to the Court that: (1) On this appeal, a receiver of an insolvent insurer seeks to appeal the Court of Chancery’s decision to dismiss its claims for breach of contract and professional negligence against Wilmington Trust,... More...

$0 (11-02-2015 - DE)

Doberstein v. G-P Industries, Inc.

Plaintiff, Anne L. Doberstein, is an individual who primarily works and resides in Switzerland. Doberstein also owns a residence located at 103 East Pembrey Drive in Wilmington, Delaware. In October 2012, Doberstein entered into a contract with G-P (the “Agreement”), under which G-P agreed to serve as the general contractor on a significant home renovation project at Dober... More...

$0 (11-01-2015 - DE)

State of Delaware v. Pardo

Defendant has filed a Motion for Recusal Limited to Issue of Counsel’s Withdrawal, and the State has notified the Court that it does not oppose this motion. In consideration of Defendant’s motion, the Court finds as follows: 1. This matter was tried without a jury from September 29, 2015, and it concluded with a verdict on October 2, 2015. Defendant was represented at trial by Joe Hur... More...

$0 (10-28-2015 - DE)

Ernesto Espinoza v. Mark Zuckerberg, et al

This case presents a question of first impression: Can a disinterested controlling stockholder ratify a transaction approved by an interested board of directors, so as to shift the standard of review from entire fairness to the business judgment presumption, by expressing assent to the transaction informally without using one of the methods the Delaware General Corporation Law... More...

$0 (10-28-2015 - DE)

In re Genelux Corporation

Plaintiff Genelux Corporation (the ―Company‖) is a privately held, clinical stage biopharmaceutical company incorporated in Delaware and headquartered in San Diego, California, with additional operations in Germany. Intervenor, Dr. Aladar Szalay, along with Dr. Douglas Will and Dr. John Thomas (together, the ―Founders‖), founded Genelux around 2001. In... More...

$0 (10-22-2015 - DE)

Merion Capital LP and Merion Capital II LP v. BMC Software, Inc.

BMC is a software company—one of the largest in the world at the time of the Merger—specializing in software for information technology (―IT‖) management.3 Specifically, BMC sells and services a broad portfolio of software products designed to ―simplif[y] and automate[] the management of IT processes, mainframe, distributed, virtualized and cloud computin... More...

$0 (10-21-2015 - DE)

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over 900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three depositions. The following facts were proven by a preponderance of the evidence. Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, ... More...

$0 (10-20-2015 - DE)

Intrepid Investments, LLC v. Selling Source, LLC

In August 2010, Defendant Selling Source, LLC (“Selling Source”) acquired assets (the “Acquired Businesses”) from Plaintiff Intrepid Investments, LLC (“Intrepid”).1 The Transaction and Purchase Agreement (the “Purchase Affiliates of both Intrepid and Selling Source were involved. The role of the affiliates is immaterial to the current dispute. The other selling enti... More...

$0 (10-20-2015 - DE)

In re TIBCO Software Inc. Stockholders Litigation

This decision is round two of an action in which a stockholder of TIBCO Software Inc. challenges the per-share consideration that a private equity fund (“Vista”) agreed to pay to acquire TIBCO in a merger that closed on December 5, 2014. The merger agreement provided for stockholders to receive $24 per share. Based on the number of fully diluted shares of TIBCO outstandin... More...

$0 (10-20-2015 - DE)

Microsoft Corporation v. Patent Revue Partners, et al.

Plaintiff, Microsoft Corporation (“Microsoft”), is a Washington corporation with its principal place of business at One Microsoft Way, Redmond, Washington. Microsoft continuously has owned Series F Preferred Stock in Nominal Defendant Vadem Ltd. since 1999. Nominal Defendant Vadem, Ltd. (“Vadem,” “Vadem BVI,” or the “Company”) is a privately held international... More...

$0 (10-18-2015 - DE)

Corwin, et al. v. KKR Financial Holdings LLC., et al

The plaintiffs filed a challenge in the Court of Chancery to a stock-for-stock merger between KKR & Co. L.P. (―KKR‖) and KKR Financial Holdings LLC (―Financial Holdings‖) in which KKR acquired each share of Financial Holdings‘s stock for 0.51 of a share of KKR stock, a 35% premium to the unaffected market price. Below, the plaintiffs‘ primary argume... More...

$0 (10-04-2015 - DE)

Eitan Konstantino v. AngioScore, Inc., et al.

Plaintiff Dr. Eitan Konstantino was one of the founders of Angioscore. Konstantino served as an officer of AngioScore from its formation in 2003 until March 31, 2007, and as a director of AngioScore from 2003 until February 5, 2010. AngioScore is a Delaware corporation. It develops, manufactures, and markets the AngioSculpt Scoring Balloon Catheter (“AngioSculpt”) for bo... More...

$0 (10-04-2015 - DE)

TCV VI, L.P. v. TradingScreen, Inc

Defendant TradingScreen Inc. (“TradingScreen”) is contractually obligated to redeem its preferred shares held by Plaintiffs TCV VI, L.P. and TCV Member Fund, L.P. (“Plaintiffs”). It has invoked 8 Del. C. § 154 to avoid paying and asserts that full payment would threaten its ability to continue as a going concern. TradingScreen will seek to show at trial that its Spec... More...

$0 (09-26-2015 - DE)

Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company organized under the laws of the Island of Guernsey, Channel Islands in August 2006 The facts are drawn from the allegations in the plaintiffs‟ First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants‟ motion to dismiss, as well as documents integr... More...

$0 (09-14-2015 - DE)

Dov Charney v. American Apparel, Inc.

Plaintiff Dov Charney, a California resident, is the founder and former Chairman and Chief Executive Officer (CEO) of American Apparel, Inc. He is the beneficial owner of approximately 42.3% of the Company. Charney and the Company are parties to an Indemnification Agreement dated as of March 6, 2008 (the “Indemnification Agreement”), and an Employment Agreement effective ... More...

$0 (09-14-2015 - DE)

Schnares v. General Floor Industries, Inc., et al

Defendant General Floor Industries, Inc. is a flooring store located at 4 Bellecor Drive, New Castle, Delaware.1 Defendant Commons Boulevard, L.P. is the owner of the property (collectively “Defendants”).2 Plaintiff Danny J. Schnares filed the underlying complaint seeking to recover damages for personal injuries he sustained as a result of a slip and fall on ice in the Defendants�... More...

$0 (09-04-2015 - DE)

T&H Bail Bonds, Inc., et al. v. Preferred Investment Services, Inc., et al

Preferred Investment Services, Inc., (“PISI”) was a Delaware corporation involved in the financing of cash bails that were posted in various Delaware courts by T&H Bail Bonds, Inc. Edwin Swan was the owner and principal of PISI. Plaintiffs (in this action) are T&H and the other named individuals who were originally co-defendants in the Chancery Court case. The contract b... More...

$30700 (09-01-2015 - DE)

Ridgewood Manor II, Inc. v. The Delaware Manufactured Home Relocation Authority

This action challenges the monthly assessments collected by Defendant Delaware Manufactured Home Relocation Authority (the “Authority”) under the Manufactured Home Owners and Community Owners Act (the “Act”).1 The Act directed the Authority to set a three dollar monthly assessment on landlords and tenants of manufactured home communities, which its board did in Februar... More...

$0 (08-31-2015 - DE)