Delaware Independent Contractor Law

Ebony Adams, et al. v. F&B Associates, Inc., et al.

Wilmington, Delaware employment law lawyer represented the Plaintiffs who sued the Defendants on Fair Labor Standards Act violation theories. "The Fair Labor Standards Act (FLSA): Setting the Floor for Worker Protections The Fair Labor Standards Act (FLSA) is a crucial piece of American legislation that establishes minimum wage, overtime pay, recordkeeping, and youth employment s... More...

$0 (12-19-2023 - DE)

United States of America v. Samuel Gulick

Wilmington, Delaware criminal defense lawyer represented defendant charged with fire-bombing a Planned Parenthood facility in Newark, Delaware in January 2020. Samuel Gulick, of Middletown, was for crimes associated with fire-bombing a Planned Parenthood facility in Newark, Delaware in January 2020. According to court documents and statements made in open court, at approximat... More...

$0 (03-13-2022 - DE)

James R. Adams v. Governor of Delaware

<center> <img width="300" src="https://www.usmarshals.gov/district/de/locations/delaware.jpg"> </center> James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to... More...

$0 (04-10-2019 - DE)

Federal Trade Commission v. Shire Viropharma, Inc.

<center> <img width="300" src="http://www.ded.uscourts.gov/sites/default/files/BLD2.jpg"> </center> Shire ViroPharma, Inc. (“Shire”),1 manufactured and marketed the lucrative drug Vancocin, which is indicated to treat a life-threatening gastrointestinal infection. After Shire got wind that manufacturers were considering making generic equivalents to Vancocin, it inundated the ... More...

$0 (02-26-2019 - DE)

James R. Adams v. Governor of Delaware

<center> <img width="300" src="http://www.ded.uscourts.gov/sites/default/files/BLD2.jpg"> </center> James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to beca... More...

$0 (02-06-2019 - DE)

T Mobile Northeast, LLC v. City of Wilmington, Delaware

<center> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg/300px-Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg.png"> <h2> <h2> </h2> </center> No one likes bad cell phone reception or slow streaming data on their smartphone, ... More...

$0 (01-10-2019 - 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)

United States of America ex rel. White v. Orthopaedic and Neuro Imaging, LLC (ONI)

Wilmington, DE - United States Obtains $16.2 Million Judgment Against MRI Provider For Submitting False Claims The U.S. District Court for the District of Delaware entered judgment in the amount of $16,223,091.38 against Orthopaedic and Neuro Imaging LLC (ONI) for submitting false claims for Medicare reimbursement. Under the terms of the judgment, ONI’s owner, Richard Pfarr, is jointly... More...

$16223091 (02-02-2018 - 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)

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)

State of Delaware v. Tollis

In February 2015, Vincenzo Tollisentered into a plea agreement with the State through which he pleaded guilty to one count of Robbery in theFirst Degree.2He did so in exchange for dismissal of the remaining charges and a favorable sentencing recommendation (the State’s withholding of a habitual criminal petition3 and request for twelve years unsuspended imprisonment4). His sentencing occurred a... More...

$0 (01-10-2016 - 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)

SIGA Technologies, Inc. v. PharmAthene

In 2004, SIGA acquired technology for ST-246, an antiviral drug for the treatment of smallpox. At that time, the viability, potential uses, safety, and efficacy of the drug, as well as the likelihood of SIGA obtaining regulatory approval or making sales to the government, were, as is typical in this industry, uncertain. By late 2005, SIGA was running out of money, its largest shareholder, MacAndr... More...

$0 (12-23-2015 - DE)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖) for a limited purpose. After raising money from investors, the Partnership would purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial public offering. Preferably once Facebook had completed a successful IPO, the Partnership would distribute to its in... More...

$0 (12-20-2015 - 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)

Pipal Tech Ventures Private Limited v. MoEngage, Inc.

Plaintiff Pipal Tech is a closely-held corporation formed in 2011 under the laws of India with its principal place of business in India.4 Pipal Tech is in the business of developing, licensing, and supporting mobile and web-based applications. Non-parties Amit Baid, Raviteja Dodda, and Yashwanth Kumar are the founders of Pipal Tech.6 Dodda and Kumar are also former executives and board The fact... More...

$0 (12-19-2015 - DE)

Glanden v. Quirk

Husband and Wife were married for twenty-two years. They separated in September 2012, and their divorce became final in 2013. The couple had over $6 million in assets, including a $1.5 million house, investment accounts, retirement accounts, and other property. Husband worked as an associate and then as a partner in a major law firm, earning a substantial income. In May 2... More...

$0 (12-07-2015 - 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)

RAYMOND EXPRESS INTERNATIONAL, LLC v. USA

This protest poses four principal questions. First, did the somewhat imprecise identification of the business entity in MPG’s proposals invalidate the contract award to MPG? Second, were MPG’s “business references” proper sources of past performance data for MPG? Third, did DeCA rate and weigh the past performance data for MPG and IDI as required by the evaluation scheme set forth in th... More...

$0 (11-18-2015 - DE)

Palisades Collection, LLC, et al. v. Unifund CCR Partners, et al.

The Palisades Parties and the Unifund Parties had a long-standing, continuous and ongoing relationship. Pursuant to a Master Servicing Agreement, executed on May 28, 2003 (as amended and restated, the “MSA”), the Palisades Parties purchased certain portfolios of uncollected consumer debt, retained Unifund to service the portfolios for a Base Fee, and the parties shared the... More...

$0 (11-03-2015 - DE)

Summers, et al. v. Walnut Ridge Community Association, Inc.

Unless otherwise indicated, the following facts are not in dispute. Walnut Ridge is a subdivision consisting of 18 single-family homes serviced by a private road (the “Private Road”). The subdivision originated in 1955, when Daniel B. Friel and his wife, Helen J. Friel, subdivided their land into 18 lots and sold the lots for the purposes of residential development. Acco... More...

$0 (11-03-2015 - DE)

Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary, Revolution. Tidel‟s majority stockholder, however, had high expectations for Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were separated into two indep... More...

$0 (11-01-2015 - 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)

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)

Mathis v. State Of Delaware

In the early morning hours of July 25, 2013, officers assigned to Operation Safe Streets were driving in an unmarked police vehicle to a residence in the 2800 block of North Washington Street in Wilmington, Delaware to perform a curfew check on a probationer. They observed Shannon Mathis drinking a beer from a can as he walked along the sidewalk with another man. The officers... More...

$0 (10-26-2015 - 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)

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)

Aricidiacono, et al. v. State Of Delaweare

In prior decisions, we made clear that if a defendant knowingly pled guilty to a drug crime, he could not escape his plea by arguing that had he known that the OCME had problems, he would not have admitted to his criminal misconduct in possessing illegal narcotics.7 As we pointed out, the poor evidence-handling practices at the OCME, however regrettable, were not a license for... More...

$0 (10-13-2015 - 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)