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Courtroom View Network captures courtroom proceedings to deliver live and on-demand video directly to subscribers' desktops. Viewers can simultaneously view video of the proceedings while examining digital snapshots of evidence presented in court. Video is used for trial preparation, research, and educational purposes by a range of legal and business professionals, from litigators to in-house counsel to financial analysts to educational institutions.

Current Trials and Hearings
Most current trials are provided as a bundle of live and on-demand for the duration of the trial. By ordering such a bundle 48 hours or more before the start of trial users can get the maximum discount. Please visit our website to view available events. If you are not sure what you want, or you would like to order something other than a complete trial bundle, please contact us.

Archive Trials and Hearings
Users can get on-demand access to individual sessions or entire trials in the archive. Search the archive to find the content that you wish to access. If you want an entire trial you can purchase it below. To purchase individual sessions, or to discuss other options, please contact us.
 
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Valassis Communications, Inc v. ADVO, Inc - 12/11/06 Trial
 
Valassis looked to get out of a $1.3 billion dollar buy-out deal claiming Advo misrepresented it financial health.
Norman Turner v. Chevron Corporation - 01/10/08 Trial
 
A former CalTrans worker is suing for personal injury due to prolonged exposure to pesticides.
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Minouche Noel v. North Broward Hopital District - 08/09/07 Hearing
 
Medical malpractice arising out of improper diagnosis and surgical procedure. Extent of lawyer's fees at issue.
Ford Explorer Cases - 06/04/07 Trial
 
Automotive product liability – alleged tendency of earlier Ford Explorer models to flip thereby causing injury to passengers as well as decreasing value of automobile.
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Jose Adolfo Tellez et al v. Dole Food Company Inc et al - 07/19/07 Trial
 
25 plaintiffs incurred personal injuries, including reproductive injuries. The plaintiffs claim exposure from working on banana plantations (in Nicaragua) from dermal contact with 1,2-dibromo-3-chloropropane ("DBCP"), inhalation of vapors, and from drinking water allegedly contaminated with DBCP.
Steven Thomas v. Clinton L Mallett et al - 10/05/07 Trial
 
Whether the ingestion of lead paint chips and dust from lead paint caused harmful effects to a child with existing health issues.
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C. McCreary et al v. Wyeth Pharmaceutical, et al - 09/11/07 Trial
 
Pharmaceutical product liability matter against Wyeth and Pharmacia for the alleged harmful effects of Wyeths HRT drug.
McDarby/Cona v. Merck - 03/06/06 Trial
 
Pharmaceutical product liability trial against Merck for the painkiller drug Vioxx.
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Arenazas/Ramon v. BP Products North America - 09/04/07 Trial
 
Litigation emerging from the 2005 BP explosion in Galveston, TX.
Arrigale/Appell v. Merck - 11/07/06 Trial
 
Pharmaceutical product liability trial against Merck for the painkiller drug Vioxx. Los Angeles Complex Civil.
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Christie Banford et al v. Aldrich Chemical Co. - 04/16/07 Trial
 
Plaintiffs seeking compensation after an explosion at defendant's nitric oxide operations.
Express Scripts Inc/LAMPERS v. Edwin M. Crawford (Caremark) - 02/16/07 Hearing
 
Two cases regarding the Caremark/CVS Merger - Express Scripts wants Caremark shareholders to nix the CVS proposal announced in a press release an unsolicited competing offer to purchase Caremark; Louisiana seeks to hold the directors of Caremark accountable for alleged breaches of fiduciary duties.
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Refik Kozic v. Merck - 09/19/07 Trial
 
Pharmaceutical product liability action where Mr. Kozic claims that he used VIOXX for approximately nine weeks before suffering his heart attack in April 2001 at age 50.
Carmack v. Baldwin - 08/06/07 Hearing
 
This litigation centers around real property in the Ocean View area; where structures were built, including six mobile homes, without proper permits.
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Joe Comes & Comes Vending Inc v. Microsoft Corporation - 11/28/06 Trial
 
Consumer anti-trust trial brought by State of Iowa against Microsoft.
Commerce Bank v. Boro of Englewood Cliffs et al - 04/02/07 Hearing
 
Land use action.
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Doherty v. Merck - 06/05/06 Trial
 
Pharmaceutical product liability trial against Merck for the painkiller drug Vioxx.
Julian Felipe v. Ford Motor Co. - 06/18/07 Trial
 
Automotive product liability -- crushed roof after rollover accident of 1993 Ford Aerostar. Plaintiff alleged design defects.
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Mark Godfrey et al v. Precision Airmotive Corp et al. - 07/16/07 Trial
 
Airplane part product liability trial arising out of a crash of a Cessna 150.
Hermans/Humeston v. Merck - 01/22/07 Trial
 
Pharmaceutical product liability trial against Merck for the painkiller drug Vioxx. Held in New Jersey, January 2007.
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Humeston v. Merck - 09/15/05 Trial
 
Pharmaceutical product liability trial against Merck for the painkiller drug Vioxx held in New Jersey September 2005. Plantiffs granted a retrial in 2006.
City of Milwaukee v. National Lead Industries & Mautz Paint - 01/19/07 Hearing
 
The City of Milwaukee filed suit against National Lead Industries

and a local paint producer and seller in April 2001. The suit seeks compensatory and punitive damages, abatement of lead hazards in Milwaukee homes, and restitution for the city’s abatement-related expenditures. Additionally, Milwaukee requests relief on grounds of continuing public uisance and conspiracy.
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City of Milwaukee v. National Lead Industries and Mautz Paint - 05/23/07 Trial
 
The City of Milwaukee is suing the National Lead Industries and the Mautz Paint Co. to recover $53 million dollars for  lead-based paint removal within the city. The City claims that the defendants created a public nuisance because they marketed and sold substantial quantities of lead pigments and/or lead-based paint. The City also alleged conspiracy and sought compensatory and punitive damages.
Andrew McCarrell v. Hoffmann LaRoche et al - 04/30/07 Trial
 
Re-trial in Accutane product liability trial before Judge Carol Higbee.


View the original trial McCarrell v. Hoffman LaRoche. Also available, the October 2008 trial, In re: Accutane.
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SPS Technologies Corp v. Motorola Inc - 04/13/07 Hearing
 
SPS Technology Corp, a now-defunct Fort Lauderdale-based company, had claimed that Motorola stole its idea for a vehicle tracking system.
Sonya L Watson et al v. Ford Motor Company et al - 07/17/06 Trial
 
Severe injury and death arising out of fatal crash due to alleged defects in cruise control and seat belts of Ford Explorer. $18M verdict awarded to plaintiffs against Ford and TRW Vehicle Safety Systems.
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Oliver v. Boston University - 11/08/07 Hearing
 
A group of minority shareholders, led by Plaintiff Sergio M. Oliver (“Oliver”), brought to trial a series of claims challenging certain transactions before Seragen’s merger with Ligand in August 1998 and the process by which the merger proceeds were divvied up.
Ford Explorer Cases-Settlement Hearing - 11/19/07 Hearing
 
Automotive product liability – alleged tendency of earlier Ford Explorer models to flip thereby causing injury to passengers as well as decreasing value of automobile.
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Arenazas v. BP - 12/03/07 Trial
 
Cases that were not part of the original settlement arising out of the BP refinery explosion in Galveston, TX that led to 15 deaths of Texas citizens in 2005.
Genesco v. Finish Line - 12/10/07 Trial
 
M&A Multi-billion dollar breach of contract suit invoking material adverse effect clause. Lawsuit is filed by Genesco Inc. against The Finish Line Inc. for failure to complete its $1.5 billion purchase of Genesco.
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United Rentals, Inc. v. RAM Holdings - 12/18/07 Trial
 
United Rentals, Inc. filed a lawsuit against RAM Holdings, Inc. and RAM Acquisition Corp., acquisition vehicles formed by Stephen A. Feinberg's Cerberus Capital Management, L.P. to acquire United Rentals. The lawsuit, filed in the Delaware Court of Chancery, seeks to compel the Cerberus acquisition vehicles to complete the agreed-upon transaction.
In re: Disney Derivative Shareholder Litigation - 11/15/04 Trial
 
D&O Liability. Trial brought by Disney shareholders arising out of severance payment to Michael Ovitz.
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Joe Alan Smith v. Gary Victor Spears et al - 08/29/07 Trial
 
Motor Vehicle accident litigation.
Bronwood, LLC v. Tahoe Reno Utility Services Co - 01/11/07 Trial
 
A private utility provider sued its joint venturer for breach of fiduciary duty and breach of contract involving the provision of gas and electricity to the Tahoe-Reno Industrial Center (TRI-Center) via a general improvement district (GID).  The private utility alleged that its joint venturer secretly negotiated a more lucrative arrangement with a public utility (Sierra Pacific, now NV Energy) that resulted in $30M in wrongful gains to the joint venturer, and cost the private utility $10M in lost profits.
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Liberty Media v. IAC/Interactive Corp - 02/01/08 Hearing
 
Malone's Liberty Media Corp., which holds a 30 percent of IAC's shares and 62 percent of its voting power, asked the court to let it oust Diller and six directors from IAC's board. Liberty, owner of the QVC and Starz channels, wants to name three directors to IAC's board to fill the vacancies.
United States Anti Doping Agency v. Floyd Landis - 05/14/07 Arbitration
 
Floyd Landis, an American cyclist, was accused of doping to win the 2006 Tour de France, after a positive test for synthetic testosterone. He requested an additional test on a backup sample of urine, which tested positive as well. He was suspended from professional cycling and dismissed from his Phonak Cycling Team.
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Philip Cameron v. Florida State Lodge of Fraternal, et al - 06/19/07 Trial
 
Philip Cameron was the president of the Fraternal order of Police for Florida until 2004, after which he claimed he lost the position due to defamation of character.
CBOT Holdings Inc v. Chicago Board Options Exchange Inc - 05/30/07 Hearing
 
Shareholder litigation resulting from the merger of CBOT and the Chicago Mercantile Exchange Holdings, Inc. and the demutualization of CBOE.
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CBOT Holdings Inc et al v Chicago Board Options Exchange Inc - 07/31/07 Hearing
 
Shareholder litigation resulting from the merger of CBOT and the Chicago Mercantile Exchange Holdings, Inc. and the demutualization of CBOE.
Aubrey Clark v. Kellogg Brown & Root LLC et al - 05/14/07 Hearing
 
Benzene exposure case: Individual plaintiff suing employer, after developing AML Leukemia allegedly from working on a barge and oil platforms.
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In re: Coca-Cola Enterprises, Inc. Shareholders Litigation- 08/06/07 Hearing
 
Shareholder Litigation.
Joe Comes & Comes Vending Inc v. Microsoft Corporation - 04/18/07 Hearing
 
Consumer anti-trust trial brought by State of Iowa against Microsoft.
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Gradient Partners, L. P., et al, v. NBC Universal, et al. - 07/06/07 Hearing
 
Case dealing with a takeover offer by NBC and Citadel Investments for Ion Media Networks which some Ion investors opposed.
Stewart Grossberg v. Merck & Co, Inc - 06/27/06 Trial
 
This is the first Vioxx trial held in Los Angeles, CA. In this suit, plaintiff Grossberg, used Vioxx for several years until Merck pulled it from the shelves in 2004. Plaintiff suffered a heart-attack and claims it was Vioxx caused, and that it required doctors to implant a stent and proscribe regular cholesterol medication.

He seeks compensatory and punitive damages and $214,000 to cover medical care. He maintains causes of action for strict liability, negligence and negligence per se, breach of implied and express warranties, deceit, and negligent misrepresentation.
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Kerman and Naomi Ladner v. DuPont Co. - 05/24/07 Trial
 
Kerman and Naomi Ladner, individually and on behalf of the Estate of Haley Kerman sued DuPont Co. for the wrongful death of their daughter. Haley was exposed to dioxins released from DuPont's DeLise, Mississippi plant and subsequently developed liver cancer and died in July 2000.

DuPont denied that there was any casual relationship between the dioxin release and the cancer that caused the child's death.
William J. LaPoint, et al v. Amerisourcebergen Corportation - 05/07/07 Trial
 
AmerisourceBergen had agreed to acquire Bridge Medical Inc. for an initial payment of $27 million dollars, and further agreed to an "earn-out” to be paid to former Bridge shareholders contingent upon certain EBITA [earnings before interest, tax and amortization] targets being met over a two year period. Plaintiff insist that defendant provided lukewarm support for their operations and did everything possible to avoid having to pay merger consideration contingent on the success of plaintiffs’ former firm. Defendant blames plaintiffs’ woes upon plaintiffs’ lack of long-term planning, inconsistency between plaintiffs’ strategies and actions, and an inability to cope with market changes. Plaintiffs now seek damages in response to defendant’s alleged breaches of contract.
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William Nesh v. Dynoil Refining L.L.C et al - 08/07/07 Trial
 
Plaintiffs alleging they lent the Defendant money during Middle Eastern oil deals.
NRG Energy, Inc v. Public Service Commission of the Delaware - 03/27/07 Hearing
 
NRG Energy sought a court injunction to bar the Public Service Commission from releasing to the public details about performance and pollution the company submitted with its proposal to build a coal gasification plant.
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Wallace, et al. v. Wood, et al. - 07/10/07 Hearing
 
Securities Litigation
GVA Market Neutral Master Limited v. Veras Capital Partners- 11/28/07 Hearing
 
Securities Litigation
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Natural Gas Anti-Trust Cases I, II, III and IV - 10/25/05 Trial
 
An antitrust lawsuit alleging conspiracy and market manipulation that contributed to the state's devastating energy crisis in 2000 and 2001.
Palmetto Pathology Services v. Health Options, Inc - 04/16/08 Trial
 
Plaintiffs are suing, claiming that the defendants are refusing to pay for contracted pathological services. Defense is Blue Cross/Blue Shield in Florida.
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In re: Loral Space & Comms, Inc. Consolidated Litigation - 03/03/08 Trial
 
**ATTORNEY FEES HEARING**

The Shareholder Derivative Litigation arose out of the Company's sale of $300 million of preferred stock to funds affiliated with MHR Fund Management LLC ("MHR") pursuant to the Securities Purchase Agreement dated October 17, 2006, as amended and restated on February 27, 2007 (the "Securities Purchase Agreement"). The plaintiffs, certain stockholders of Loral, alleged, among other things, that the sale was not fair to the Company and resulted from breach of fiduciary duties by Loral's directors.
State of Alaska v. Eli Lilly & Co - 03/05/08 Trial
 
The state of Alaska is bringing action against Eli Lilly on the claims of violation of Alaska’s Unfair Trade Practices and Consumer Protection Act, failure to warn, design defect, negligence, and fraud and negligent misrepresentation. Alaska is seeking to recover the funds its Medicaid program spent treating the side effects of Eli Lilly’s drug Zyprexa, claiming that Eli Lilly failed to properly report the fact that use of the drug can lead to hyperglycemia and diabetes to the FDA, instead reporting that it can cause “weight gain.” The state asserts that Eli Lilly also failed to inform doctors of the risk of these side effects and instructed its representatives to deny the link between Zyprexa and diabetes. In 2003, the FDA mandated that Zyprexa includes warnings about hyperglycemia and diabetes.
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Wilmington Trust Co et al v Tropicana Entertainment LLC et al - 02/26/08 Hearing
 
Tropicana Entertainment, LLC and Tropicana Finance Corp. acquired the Tropicana Atlantic City Casino by issuing $960 million in bonds. Wilmington Trust Co. is the indenture trustee and delivered a notice of default on behalf of the majority of holders after the Tropicana Atlantic City Casino lost its New Jersey gaming license, claiming that the transfer of power to Justice Stein (an agent of the state) was a prohibited transfer under the agreement. Tropicana claims that it was not a prohibited transfer, since there was nothing in the agreement stating that a loss of license was an event of default, and that such an occurrence is easily foreseeable as a risk of the business. Tropicana further claims that Justice Steins role is so limited that no considerable transfer has occurred due to the loss of the license. The court holds in summary judgment that though there was nothing in the contract stating that a loss of license would lead to default, that fact does not prevent a loss of license from triggering another part of the contract. Although Justice Stein held the assets prior to the loss of license and prior to the contract, the vesting of assets in Justice Stein constituted a breach of the agreement.
Liberty Media v. IAC/Interactive Corp - 03/10/08 Trial
 
IAC’s Barry Diller wants to spin off IAC into a five different parts, and switch to a single tier voting structure. This move would effectively halve Liberty Media’s voting power in IAC, which is currently 62%. As a result of previous dealings, Diller has proxy control of Liberty Media’s shares in IAC. Liberty’s John Malone is suing to stop the restructuring and oust Diller, claiming that he is breaching stewardship and his contract.
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In re: Zyprexa - 03/20/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
Kamie Kendall vs Hoffmann La Roche - 04/03/08 Trial
 
Product Liability trial against Hoffmann La Roche for damages from Accutane usage.
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Lynn Arko Kelley v. James Ferraro, et al - 03/25/08 Trial
 
Michael Kelley's widow, Lynn, a former Cleveland Heights municipal judge, is battling James Ferraro for half of the law firm's total assets.
In re: Zyprexa - 03/27/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
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In re: Zyprexa - 03/28/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
Gentile, et al v. Rosette, et al - 03/31/08 Trial
 
The Plaintiffs, former shareholders of SinglePoint, which merged into a subsidiary of Cofiniti, Inc. in 2000, bring this action for breach of fiduciary duty against its two directors. They challenge, as an unwarranted dilution of their equity interests and voting power in SinglePoint, the conversion of some of the debt held by Rossette into SinglePoint common stock at an unfairly and unreasonably low conversion rate. They also challenge special benefits that Rossette received as part of the merger—additional consideration upon which he conditioned his approval of the merger. Remanded from Delaware Supreme Court
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Clear Channel, et al v. Citigroup, et al - 04/11/08 Hearing
 
Clear Channel, Bain Capital LLC and Thomas H. Lee Partners LP sued a group of banks led by Citigroup Inc. to force them to honor an agreement to finance the buyout firms' $19.5 billion acquisition of Clear Channel Communications Inc.
In re: Zyprexa - 04/10/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
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In Re Zyprexa - 04/21/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
In Re: Citrus Canker Litigation - 04/18/08 Trial
 
Plaintiffs allege that the Department's destruction of residential citrus trees under the CCEP which were not determined to be infected with citrus canker obligates the Department to pay full and just compensation to members of the classes.
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BT Triple Crown Merger v. Citigroup Global Marketing - 04/24/08 Hearing
 
Bain Capital LLC and Thomas H. Lee Partners LP sued a group of banks led by Citigroup Inc. to force them to honor an agreement to finance the buyout firms' $19.5 billion acquisition of Clear Channel Communications Inc.
Clear Channel, et al v. Citigroup, et al - 04/23/08 Hearing
 
Clear Channel, Bain Capital LLC and Thomas H. Lee Partners LP sued a group of banks led by Citigroup Inc. to force them to honor an agreement to finance the buyout firms' $19.5 billion acquisition of Clear Channel Communications Inc.
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Clear Channel, et al v. Citigroup, et al - 05/02/08 Hearing
 
Clear Channel, Bain Capital LLC and Thomas H. Lee Partners LP sued a group of banks led by Citigroup Inc. to force them to honor an agreement to finance the buyout firms' $19.5 billion acquisition of Clear Channel Communications Inc.
Bondi v. Citigroup - 05/15/08 Trial
 
Parmalat SpA, the Italian dairy company that collapsed in 2003, is seeking $2.2 billion in damages from Citigroup Inc. at a civil trial in New Jersey, a company lawyer told a judge today.

Parmalat Chief Executive Officer Enrico Bondi seeks to prove that Citigroup, the largest U.S. bank by assets, aided and abetted larceny by corrupt insiders at Parmalat.
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Clear Channel, et al v. Citigroup, et al - 05/09/08 Hearing
 
Clear Channel, Bain Capital LLC and Thomas H. Lee Partners LP sued a group of banks led by Citigroup Inc. to force them to honor an agreement to finance the buyout firms' $19.5 billion acquisition of Clear Channel Communications Inc.
Al-Lomar Inc v. CC Wood LLC - 03/23/07 Hearing
 
Plaintiff seeking to restrain Defendants from using Plaintiff's trademarks, violating the non-competition agreement, for unfair and deceptive trade practices and to recover damages.
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Horbal, et al. v. Three Rivers Holdings Inc, et al. - 01/31/07 Hearing
 
Plaintiffs, founders of a Health Management Organization, alleged that their co-investors abused their positions by siphoning off tens of millions of dollars from the HMO in the form of disguised salaries and corporate perquisites; plaintiffs call these "de facto dividends."
Fogel v. US Energy Systems - 12/03/07 Hearing
 
Former President of US Energy Systems seeks a special meeting of shareholders to vote on replacing the current directors.
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In re: IDS Managed Futures, L.P. - 12/04/07 Trial
 
Dissolution of partnership - Refco in bankruptcy proceedings.
Cannon v. E&D Auto Repair, et al - 04/23/07 Trial
 
Doug Cannon, who was severely burned when a tow truck smashed into the rear of his stalled Mustang, sued both the tow truck company and Ford Motor Company.
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BAYPO v. Technology JV - 07/11/07 Hearing
 
The plaintiffs seek to reform the contract, arguing that their claim for reformation is not subject to the otherwise broad arbitration clause governing the parties' commercial relationship.
Miguel Arenazas, et al v. BP Amoco Chemical Company, et al - 05/27/08 Trial
 
The lawsuits alleged that on March 23, 2005, BP operated its Texas City, Texas refinery with gross negligence and violated federal, state, industry and even its own safety standards that led to the explosion. The tragedy resulted in extensive state and federal investigations and culminated in numerous criminal pleas with the U.S. Department of Justice.
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Chicago Sun Times v. Conrad Black - 05/23/08 Hearing
 
Last month, Black struck a deal to sell his controlling stake in Hollinger International to the Barclays, billionaire Scottish twins who offered him $467 million. Hollinger International owns the London Daily Telegraph -- coveted by the Barclays -- plus the Jerusalem Post, the Sun-Times and other papers.
In re Loral Space & Comms, Inc. Consolidated Litigation - 06/20/08 Hearing
 
**ATTORNEY FEES HEARING**

The Shareholder Derivative Litigation arose out of the Company's sale of $300 million of preferred stock to funds affiliated with MHR Fund Management LLC ("MHR") pursuant to the Securities Purchase Agreement dated October 17, 2006, as amended and restated on February 27, 2007 (the "Securities Purchase Agreement"). The plaintiffs, certain stockholders of Loral, alleged, among other things, that the sale was not fair to the Company and resulted from breach of fiduciary duties by Loral's directors.
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Ginsburg v. Philadelphia Stock Exchange - 07/02/08 Hearing
 
The Philadelphia Stock Exchange (PHLX) announced today that the Supreme Court of the State of Delaware unanimously approved the settlement in the Ginsburg v. Phlx, et al litigation. This clears the way for the completion of the merger between PHLX and NASDAQ Stock Market, Inc., subject to SEC approval.
Sprint Nextel Corp, et al V. IPCS, Inc et al - 06/30/08 Hearing
 
Sprint Nextel seeks a declaration that its proposed transaction" with Clearwire "will not breach the exclusivity provision" of agreements with IPCS, according to a complaint filed Wednesday in Delaware Chancery Court in Wilmington.
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CA, Inc v. AFSCME - 07/09/08 Hearing
 
The Delaware Supreme Court, acting at the behest of the U.S. Securities and Exchange Commission, has agreed to review a shareholder proposal for CA Inc. to reimburse dissident investors for the cost of waging proxy fights.
In re: Zyprexa - 07/17/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
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Norman Braman vs. Miami Dade County - 07/14/08 Trial
 
A lawsuit filed by luxury auto dealer Norman Braman challenging a plan to finance a Florida Marlins ballpark will go forward after a judge chose Thursday not to dismiss complaints that the plan is unconstitutional and misappropriates voter-approved bond funding.
Clark v. Autonation - 07/14/08 Trial
 
Clark, an Alamo car rental marketing executive, requested enforcement against Autonation of his employment contract's salary continuation provision of $1 million dollars ($100K per year for ten years).  Autonation purchased Alamo and allegedly accepted responsibility for making the continuation payments if Alamo did not.  After Clark's employment ended, Autonation divested Alamo, and Alamo subsequently declared bankruptcy and stopped making payments to Clark.  The jury was asked to determine whether Autonation or Alamo was obligated to make the payments.
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California Medical Association et al v. Sandra Shewry et al - 07/25/08 Hearing
 
Injunction hearing to block 10% across the board cuts to California's Medi-Cal and Denti-Cal health care systems.
City of Banning et al v. James Jones Company et al - 07/14/08 Trial
 
Alleges that James Jones and the other defendants delivered some defective or non-conforming waterworks parts to forty-seven municipal water systems in the State of California.
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Hexion Specialty Chemicals Inc et al vs Huntsman Corp - 08/19/09 Hearing
 
Hexion believes that the capital structure agreed to by Huntsman and Hexion for the combined company is no longer viable because of Huntsman's increased net debt and its lower than expected earnings.
Allied Capital v. GC Sun Holdings, et al - 08/25/08 Trial
 
This matter stems from a $10 million promissory note Allied Capital Corp. held from GC-Sun Holdings LP. The note contained a restrictive convenant prohibiting GC-Sun from incurring any additional debt unless it was subordinated to the $10 million note.

However, there was a restructuring of GC-Sun Holdings in 2004 that resulted in the creation of two new entities, Brafasco Holdings II Inc. and GC-Sun Frontier Investors LLC. The defendants allegedly made an investment in Brafasco that was not subordinated to the $10 million note. As a result, GC-Sun Holdings had only "trivial" funds left to repay Allied Capital.

Allied Capital sued for breach of contract, breach of implied good faith, tortious interference with contract, breach of fiduciary duty, aiding and abetting breath of fiduciary duty, fraudulent conveyance, civil conspiracy and unjust enrichment.
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CSX Corp v. The Children’s Investment Fund Management (UK) - 08/25/08 Trial
 
The question confronting the court is: "Whether defendants had beneficial ownership, within the meaning of Reg. 13D, of the CSX shares held by their cash- settled total return equity swap counterparties."
Hexion Specialty Chemicals Inc et al v. Huntsman Corp - 09/08/08 Trial
 
Hexion believes that the capital structure agreed to by Huntsman and Hexion for the combined company is no longer viable because of Huntsman's increased net debt and its lower than expected earnings.
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Massachusetts Dept of Highways, et al v. Perini Corp, et al - 08/19/08 Hearing
 
Dispute over massive highway construction contract.
Hexion Specialty Chemicals Inc et al vs Huntsman Corp - 09/03/08 Hearing
 
Hexion believes that the capital structure agreed to by Huntsman and Hexion for the combined company is no longer viable because of Huntsman's increased net debt and its lower than expected earnings.
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In re: Zyprexa - 09/04/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
Shawn Monroe v. Del Taco LLC, et al - 09/10/08 Trial
 
Disabled plaintiff claimed that Del Taco, El Pollo Loco, and Carl's Junior fast food restaurants around Los Angeles, California, violated the Americans with Disabilities Act (ADA) by locating the toilet seat cover dispenser in a position inaccessible from a wheel chair, and thus that he was prevented from using the toilet in the restroom.  Also, the plaintiff alleged that in some of the restaurants hand bars were not provided, the paper towel dispenser was inaccessible, and/or the soap dispenser was inaccessible.
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State of West Virginia v. Eli Lilly & Co. - Hearing
 
Zyprexa hearing- Motion to remand back to state court.
State of West Virginia v. Eli Lilly & Co. - 09/09/08 Hearing
 
This trial video concerns a motion to remand back to state court. The State of West Virginia is suing Eli Lilly claiming that Zyprexa harmed West Virginia citizens and that Zyprexa sales benefited Eli Lilly at the expense of West Virginia's Medicaid program. Finally, West Virgnia claimed that the sales would not have occurred if Eli Lilly had disclosed its risk to medical providers.
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Barry B Kaufman v. ACS Systems Inc - 09/18/08 Trial
 
Cross complaint arising from a class action lawsuit for violations of the Fax Spam laws.
In re: Ambac Financial Group - 09/24/08 Hearing
 
On February 13, 2008, Kohn, Swift, & Graf, P.C. filed a derivative action in the Court of Chancery of the State of Delaware on behalf of nominal defendant Ambac Financial Group, Inc. (“Ambac” or the “Company”) against certain of its directors and officers for breach of their fiduciary duties to the Company. The relevant time period for the derivative action is from October 19, 2005 through February 13, 2008.
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DGYMS v. Robino-Bay Court Plaza - 10/30/08 Trial
 
Zoning Contract Dispute
Nikolaos J Bastas v. United Airlines - 10/02/08 Hearing
 
Wrongful termination suit.
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David McDavid et al v. Turner Broadcasting et al - 10/09/08 Trial
 
A Dallas auto dealer who lost his bid to buy the Atlanta Hawks and Atlanta Thrashers sued the struggling franchises' former parent company, Time Warner Inc., and accused the media conglomerate of reneging on the deal.

David McDavid also alleges in the lawsuit in Fulton County Superior Court that Time Warner and subsidiary Turner Broadcasting System Inc. revealed his confidential business plans to a competing group of investors who ultimately bought basketball's Hawks and hockey's Thrashers for $250 million.
Huntsman Corp. v. Credit Suisse Securities (USA) LLC - 10/08/08 Hearing
 
A Texas jury will hear a multibillion dollar claim by Huntsman Corp. that two of the world's largest banks, Credit Suisse and Deutsche Bank, scuttled its proposed mergers with Hexion Chemical and Basell Holdings, NV. Credit Suisse and Deutsche Bank were supposed to finance the deals, but backed away when the credit markets deteriorated last fall. Among the claims Huntsman is pursuing are tortuous interference and common law fraud.

Hexion Chemical is owned by Leon Black's Apollo Management. In one of the most noteworthy rulings last year, Delaware Chancery Court vice-chancellor Stephen Lamb found that Hexion breached its merger agreement with Huntsman. Hexion eventually settled that litigation for $1 billion, including a $425 million cash payment to Huntsman. Apollo and Hexion are cooperating with Huntsman in this litigation. (For video of the Delaware litigation, please click here.)

Presiding over the trial is Texas Ninth District state court Judge Fred Edwards, a Republican who has been on the bench since 1993. The trial will be held Conroe, Tex., which is about 14 miles from Huntsman's U.S. headquarters. Lead counsel for Huntsman is Jean Frizzell, Robin Gibbs and Kathy Patrick of Gibbs & Bruns. Lead counsel for the banks is Richard Clary of Cravath, Swaine & Moore and G. Irvin Terrell of Baker Botts. The trial is expected to last approximately four weeks.

View a clip from September's Hexion v. Huntsman Trial.

View a clip from October's Hexion v. Huntsman Hearing.

View a clip from November's Huntsman v. Credit Suisse Hearing.

View a clip from May's Huntsman v. Credit Suisse Hearing.
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In Re: Accutane - 10/20/08 Trial
 
This is the October, 2008, Accutane trial.

Also available, the original trial McCarrell v. Hoffman LaRoche, and the July 2009 re-trial of McCarrell v. Hoffman LaRoche.

This class action against the acne drug Accutane, manufactured by Hoffman-La Roche, Inc., involves plaintiffs who have suffered severe inflammatory bowel disease after taking the drug.

Representative for the class, Andrew McCarrell, has undergone multiple surgeries after taking the drug in 1995, including having his colon removed.

At the trial level, in May 2007, a jury held that Accutane had caused McCarrell�s inflammatory bowl disease and the proceeding colon removal. Specifically, the jury found that Hoffman- La Roche failed to adequately warn a patient of the bowel disease risks associated with its potent acne medicine Accutane, and they awarded him $2.5 million in damages and an additional $119,000 to cover medical expenses.

On May 12, 2009 New Jersey's Court of Appeals vacated the trial court's verdict. The appellate court held harmful error occurred when the trial court did not allow La Roche to present evidence of how many people take Accutane.
Forsythe v. CIBC ESC Fund Management - 10/07/08 Hearing
 
Oral argument on motion to compel in derivative class action against Canadian Imperial Bank of Commerce.
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E*Trade Financial Corporation et al v. Deutsche Bank, AG - 10/14/08 Trial
 
Online lender E*Trade Bank is alleging Germany's Deutsche Bank AG overstated by nearly $15 million the value of a recreational vehicle loan business sold to E*Trade in late 2002.
Alliance Data Systems Corp v Blackstone Capital Partners - 10/20/08 Hearing
 
This action, brought by Alliance Data Systems Corp., is to determine whether Blackstone Partners need to make good on a $7.8 billion merger promise to a credit card processing company. This suit seeks to compel Blackstone to merge.
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Rothstein et al v. UBS AG - 10/16/08 Hearing
 
The suit alleges UBS was complicit in permitting cash to be made available to Iran for terrorist purposes.
Concord Steel Inc. vs. Wilmington Steel Processing Co, Inc. - 10/20/08 Trial
 
3-day trial regarding alleged breach of non-competition agreement after Concord acquired Wilmington Steel.
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Hexion Specialty Chemicals Inc et al v. Huntsman Corp - 10/21/08 Hearing
 
Hexion believes that the capital structure agreed to by Huntsman and Hexion for the combined company is no longer viable because of Huntsman's increased net debt and its lower than expected earnings.
In Re: Affiliated Computer Services - 10/22/08 Hearing
 
Complaints were filed in the Delaware Court of Chancery seeking among other things that the ACS board of directors fulfill its fiduciary duties and obligations to the Company's public shareholders in the face of the "going-private" takeover proposal and participation of Plaintiffs and their counsel to assure a fair process and the best transaction.
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Norfolk County Retirement System v. Jos. A Bank Clothiers - 10/27/08 Hearing
 
Plaintiff, Norfolk County Retirement System, is a beneficial holder of stock of defendant, Jos. A Bank Clothiers (JABC). Plaintiff brings a demand, pursuant to 8 Del. C. § 220, to inspect certain books and records after noticing a drastic drop in stock value.
In Re: American International Group (AIG) Inc Derivative Lit - 11/07/08 Hearing
 
This hearing concerns a motion by 3rd party defendants Gen Re Corporation seeking dismissal of underlying litigation.

In this suit, stockholder plaintiffs seek to recover funds to make American International Group, Inc. (AIG) whole for the harm it suffered when it was revealed that the corporation’s financial statements were materially misleading. Also, these statements overstated the value of the corporation by billions of dollars, and plaintiffs aver these discrepancies were the consequence of intentional misconduct by AIG’s top executives.
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Olson v. Halverson, Viking Global Finance - 11/10/08 Trial
 
Post-trial oral arguments after Vice Chancellor Lamb ruled the statute of frauds applied to an LLC agreement.
Huntsman Corp. v. Credit Suisse Securities (USA) LLC - 11/24/08 Hearing
 
A Texas jury will hear a multibillion dollar claim by Huntsman Corp. that two of the world's largest banks, Credit Suisse and Deutsche Bank, scuttled its proposed mergers with Hexion Chemical and Basell Holdings, NV. Credit Suisse and Deutsche Bank were supposed to finance the deals, but backed away when the credit markets deteriorated last fall. Among the claims Huntsman is pursuing are tortuous interference and common law fraud.

Hexion Chemical is owned by Leon Black's Apollo Management. In one of the most noteworthy rulings last year, Delaware Chancery Court vice-chancellor Stephen Lamb found that Hexion breached its merger agreement with Huntsman. Hexion eventually settled that litigation for $1 billion, including a $425 million cash payment to Huntsman. Apollo and Hexion are cooperating with Huntsman in this litigation. (For video of the Delaware litigation, please click here.)

Presiding over the trial is Texas Ninth District state court Judge Fred Edwards, a Republican who has been on the bench since 1993. The trial will be held Conroe, Tex., which is about 14 miles from Huntsman's U.S. headquarters. Lead counsel for Huntsman is Jean Frizzell, Robin Gibbs and Kathy Patrick of Gibbs & Bruns. Lead counsel for the banks is Richard Clary of Cravath, Swaine & Moore and G. Irvin Terrell of Baker Botts. The trial is expected to last approximately four weeks.

View a clip from September's Hexion v. Huntsman Trial.

View a clip from October's Hexion v. Huntsman Hearing.

View a clip from November's Huntsman v. Credit Suisse Hearing.

View a clip from May's Huntsman v. Credit Suisse Hearing.
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Hess vs. RJ Reynolds Tobacco Co - 12/03/08 Trial
 
The first of the "Engle progency" tobacco liability suits to go to trial before Hon. Jeffrey Streitfeld in Broward County, Florida.

A mistrial was declared in the case last year.

A jury ruled in the first phase of the new trial that Hess was addicted to nicotine at the time of his death. The second trial phase for damages is underway.
In Re: Appraisal of Metromedia - 12/12/08 Trial
 
Various hedge funds seek appraisal of Metromedia International Group.
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CBOT Holdings Inc et al v. Chicago Board Options Exchange Inc - 12/16/08 Hearing
 
Shareholder litigation resulting from the merger of CBOT and the Chicago Mercantile Exchange Holdings, Inc. and the demutualization of CBOE.
Vioxx Cases - 01/14/09 Hearing
 
Order to Show Cause re: dismissal hearing in Vioxx litigation.
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In re Loral Space & Communications, Inc. Consolidated Lit - 12/22/08 Hearing
 
**ATTORNEY FEES HEARING**

The Shareholder Derivative Litigation arose out of the Company's sale of $300 million of preferred stock to funds affiliated with MHR Fund Management LLC ("MHR") pursuant to the Securities Purchase Agreement dated October 17, 2006, as amended and restated on February 27, 2007 (the "Securities Purchase Agreement"). The plaintiffs, certain stockholders of Loral, alleged, among other things, that the sale was not fair to the Company and resulted from breach of fiduciary duties by Loral's directors.
Forsythe v. CIBC ESC Fund Management - 01/12/09 Hearing
 
Oral argument on motion to compel in derivative class action against Canadian Imperial Bank of Commerce.
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Lillis v. AT&T - 01/09/09 Hearing
 
Former senior executives of MediaOne, acquired by AT&T, are claiming breach of fiduciary duty after their Options were canceled.
Great American Opportunities Inc v. Cherrydale Fundraising LLC - 01/09/09 Trial
 
Trial alleging employees of a non-profit fund-raising firm violated their employment agreements by taking jobs at a competing agency.
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Thomas v. The Lincoln Electric Company - 01/14/09 Trial
 
Plaintiffs allege certain welding products emitted manganese gas, which can cause serious health problems.
3 Com Corp v. Diamond II Holdings Inc - 01/22/09 Hearing
 
Hearing on cross-motions to compel in suit challenging merger agreement financed by Bain Capital.
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Cigna Worldwide Insurance Co v. Josie Senesie – 01/23/2009 Hearing
 
This case arises from an attempt to wrest control over the business and affairs of CIGNA Worldwide Insurance Company a solvent Delaware corporation, from its duly-elected Board of Directors by a Liberian receiver appointed by a Liberian court, with purported authority over the Liberian branch of the Company.
Hess vs. RJ Reynolds Tobacco Co. - 02/03/09 Trial
 
The first of the "Engle progency" tobacco liability suits to go to trial before Hon. Jeffrey Streitfeld in Broward County, Florida.

A mistrial was declared in the case last year.

A jury ruled in the first phase of the new trial that Hess was addicted to nicotine at the time of his death. The second trial phase for damages is underway.
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Rohm and Haas Co. v. Dow Chemical Co. - 03/09/09 Trial
 
To buy access to the hearing, please click here.

Suit over Dow Chemical's refusal to a complete a $14.5 billion takeover of Rohm and Hass Company, a specialty chemicals manufacturer.

Click here to read Chancellor Chandler's Decision in the Hearing to Exclude
Professional Engineers in California Gvmt v. Schwarzenegger - 01/29/09 Hearing
 
The Professional Engineers in California Government and the California Association of Professional Scientists claim the governor needs legislative approval to force furloughs for state workers.
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Rohm and Haas Co. v. Dow Chemical Co. - 02/11/09 Hearing
 
To buy access to video of the upcoming trial, please click here.

Suit over Dow Chemical's refusal to a complete a $14.5 billion takeover of Rohm and Hass Company, a specialty chemicals manufacturer.

Click here to read Chancellor Chandler's Decision in the Hearing to Exclude
Arrondo, Luis Alejo v. Cossio, Alejandra - 02/03/09 Trial
 
Two real estate investors litigating after a joint investment declined sharply in value.
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Reed Gusciora, et al. v. James E. McGreevey, et al. - 01/27/09 Trial
 
Suit brought by the Rutgers University Constitutional Litigation Clinic against the state of New Jersey alleging that electronic voting machines manufactured by Sequoia Voting Systems could potentially be hacked and should be banned from use in future New Jersey elections.

The New Jersey Attorney General's office is collaborating with Sequoia to defend the efficacy and security of the "Sequoia Advantage" electronic voting machine.
State of Wisconsin vs. Abbott Laboratories et al - 02/04/09 Trial
 
Suit brought by the state's attorney general against Pfizer's Pharmacia unit and other pharmaceutical manufacturers alleging they overcharged the state's Medicaid system.

Litigation over "average wholesale prices" for medication charged to state Medicaid systems is increasing, and this is the first time Pfizer will face such accusations before a state jury.
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Eaves et al v. Earthlink - 02/09/09 Hearing
 
Early cell phone termination fee class action.
California Correctional Peace Officers v. Schwarzenegger - 02/05/09 Hearing
 
California's governor was authorized to reduce the workweek through a furlough of represented state employees, and the reduction in pay corresponding to the hours not worked did not amount to a modification of established salary ranges in violation of California Government Code s. 19826(b), despite a contention that the furlough would not actually result in fewer hours worked.

In response to California's budget crisis, Governor Arnold Schwarzenegger issued Executive Order S-16-08 implementing a 2-day-per-month involuntary furlough of represented state employees.  The represented employees argued that because their offices would not in fact close, they would not in fact work fewer hours, and they would not be able to subsequently use their furlough days before the days expired, and thus the practical effect of the order was a salary reduction with no reduction in hours.
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Kuhn Construction, Inc v. Diamond State Port Corp. - 02/09/09 Hearing
 
Plaintiff, Kuhn Construction, was awarded a $10 million+ contract for wharf construction from DSPC, a mixed private/gov't entity. Kuhn Construction claims that due to faulty architectural plan data they had to incur additional construction costs beyond the amount awarded in the original contracts. Defendants claim dispute must be resolved in arbitration rather than in the Chancery Court.
Shiflett v. Leesburg Town Council - 01/20/09 Trial
 
The Town Council decided in 2005 to impose a 100 percent surcharge on the water and sewer usage rates paid by out-of-town customers, saying the higher fees were justified because the users did not pay town taxes to help fund the utility system. A year later, a group of out-of-town customers sued Leesburg over the rate structure.
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Diet Drug Cases - 02/23/09 Trial
 
Suit alleging that various pharmaceutical companies failed to disclose the potential side effects of Fen Phen, a popular diet drug medication, which included primary hypertension and valve disease.
Olson v. Halverson, Viking Global Finance - 02/17/09 Hearing
 
Post-trial oral arguments after Vice Chancellor Lamb ruled the statute of frauds applied to an LLC agreement.
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Jose Adolfo Tellez et al v. Dole Food Company Inc et al - 01/21/09 Hearing
 
25 plaintiffs incurred personal injuries, including reproductive injuries. The plaintiffs claim exposure from working on banana plantations (in Nicaragua) from dermal contact with 1,2-dibromo-3-chloropropane ("DBCP"), inhalation of vapors, and from drinking water allegedly contaminated with DBCP.
In re: Yahoo! Inc. Shareholders Litigation, Consol. - 03/06/09 Hearing
 
Litigation re Microsoft/Yahoo buyout, settlement hearing.
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Angel Abarca Abarca et al v. Dole Food Company Inc, et al - 02/24/09 Hearing
 
Pesticide use on banana plantations.
Ferlanti v. Liggett Group - 02/23/09 Trial
 
This is the second "Engle" tobacco case to go to trial after a Broward County jury awarded nearly $8 million to the widow of a smoker who died from lung cancer.

After a Miami jury awarded the largest class action verdict in history to smokers who claim major tobacco companies withheld critical information about the dangers of smoking, the Florida Supreme Court determined that each case had to be tried individually.

By presiding over the first two of nearly 8000 of these individual suits, Judge Streitfeld could set an important standard for how future "Engle litigation" will play out across the state Florida.
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Bryan Ventures Inc, et al v. Gainor, et al. - 02/18/09 Hearing
 
Independent Living Center of So. Cal., et al. v. Shewry - 02/18/09 Oral Argument
 
Oral arguments on district court decision to grant injunction blocking 10% across the board cuts to Medi-Cal state health care system.

Being heard with:
08-56551, 08-57016
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Ass'n of Flight Attendants v. Mesa Air Group - 02/11/09 Oral Argument
 
Appeal of injunction granted by AZ district court in case brought by flight attendant union to halt changes to working conditions made by employer under the Railway Labor Act.
Walker v. GEICO Insurance - 02/11/09 Oral Argument
 
Appeal of California district court's granting of defendant's motion to dismiss. Plaintiffs (body shop owners) dispute the methods used to determine the "prevailing auto body rate" - a metric required by the state legislature to give uniformity to auto repair billing practices.
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Ernest Harrel v. Jorge & Gerry's, Inc. - 02/09/09 Trial
 
Ernest Harrel filed suit for wrongful imprisonment and infliction of emotional distress after he was arrested for grand larceny at a Jorge & Gerry's in 2004. All criminal charges were later dropped.
McNally v. State - 01/28/09 Oral Argument
 
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Nasser v. Dweck - 01/28/09 Oral Argument
 
Hargrow v. Federal Express Corp. - 01/15/09 Oral Argument
 
Plaintiff brought suit for wrongful and retaliatory termination, after he was terminated for bringing charges against defendant, his employer, under Equal Employment Opportunity regulations.
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U-Haul Int'l. v. Lumbermens Mutual - 01/15/09 Oral Argument
 
This oral argument concerns the dispute between Plaintiff, U-Haul and Defendant, Lumbermens Mutual Casualty Company (LMC). U-Haul intended to be covered by a comprehensive insurance scheme that would involve four different insurance policies, one of which was with LMC.

The first three policies were with insurance company Western Republic. The policy with LMC would attached once a $7,000,000 limit was reached with Western Republic. The parties disagree about whether the payment of indemnity and loss adjustment expenses or the payment of indemnity alone (1) exhausts the $7,000,000 total limit of the Republic Western policies and (2) may trigger the coverage of the LMC policy.
Vioxx Cases - 02/19/09 Hearing
 
Order to Show Cause re: dismissal hearing in Vioxx litigation.
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Lyondell Chemical v. Ryan - 01/14/09 Oral Argument
 
Appeal of Delaware Chancery Court ruling.
Michael S. Polsky v. Daniel E. Virnich - 01/07/09 Oral Argument
 
The central dispute in this case raises the question whether officers or directors who are the sole owners of a corporation may manage that corporation for their own benefit at the expense of the corporation and its creditors. Existing case law suggests conflicting answers to this question, and its ultimate resolution presents a significant policy issue that is likely to have statewide impact on corporations, the banks who lend to them, and others who contract with them.
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Herrick Foundation v. Tecumseh Products Company - 12/23/08 Hearing
 
Herrick Foundation filed a lawsuit in Lenawee County (Mich.) Court to seek injunctive relief from the decision by Tecumseh Products Company to declare a 3-for-1 stock split effective on December 31, 2008. The stock split, which two board members voted against, is the Board's third unlawful effort to interfere with voting rights, according to Herrick Foundation spokesman Jeff Caponigro.
Vioxx Cases - 12/19/08 Hearing
 
Order to Show Cause re: dismissal hearing in Vioxx litigation.
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Scotchtown Holdings LLC v. The Town of Goshen et al - 12/19/08 Hearing
 
Defendant, the Town of Goshen, brought a motion to dismiss a suit by developer, Plaintiff, Scotchtown Holdings LLC (Scotchtown) whose plans were blocked by the presence of groundwater contamination, which occurred due to the town's use of a sodium chloride road treatment.
Varnum v. Brien - 12/09/08 Oral Argument
 
Appeal from a trial court's ruling in a lawsuit on behalf of six same-sex couples who sought to marry in Iowa.  The lawsuit argued that under the equal protection and due process guarantees of the Iowa Constitution it same-sex couples could not be precluded from marrying, and thus gay and lesbian couples in Iowa were entitled to the rights and benefits of marriage — including the word "marriage" itself.  The trial court struck down the state's prohibition on the recognition of same-sex marriages on the ground that the right to marry was a "fundamental right."
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James Weiss v. Astrazeneca Pharmaceuticals - 12/05/08 Hearing
 
Prilosec class action.
James Weiss v. Astrazeneca Pharmaceuticals - 12/04/08 Hearing
 
Prilosec class action.
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Vioxx Cases - 11/20/08 Hearing
 
Order to Show Cause re: dismissal hearing in Vioxx litigation.
Rose et al v. Brown & Williamson Tobacco Corp - 11/18/08 Oral Argument
 
Appeal of litigation for proposed "safer cigarette" alternative.

NY Court of Appeals in Albany.
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Ischemia Research & Educ. Foundation v. Pfizer - 11/07/08 Trial
 
The plaintiffs’ trade secret misappropriation claims arise out of clinical drug trials for Bextra, a second generation COX-2 inhibitor.
Kornak v. North Broward Hospital District - 11/05/08 Trial
 
Plaintiff, Martha Kornak brings this action for damages resulting from the death of of her husband, James Kornak, after a surgery procedure. Plaintiff alleges that the hospital is liable for the failure of the doctors and nurses to apply the appropriate standard of care.

This medical malpractice trial was heard before a jury.
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Mangano v. PeriCor Therapeutics - 11/03/08 Hearing
 
Hearing on motion for partial summary judgment and partial judgment on the pleadings.

Mangano, plaintiff, co-founded PeriCor Therapeutics, defendant, in 2004 and owns 45% of the biotech company, alleging breach of a voting trust agreement.

PeriCor Therapeutics, Inc. is a private, clinical-stage specialty biopharmaceutical company focused on developing novel therapies to prevent the morbidity and mortality caused by myocardial injury
In re: Countrywide Shareholders Litigation - 10/28/08 Hearing
 
Shareholders accused Countrywide directors in February of breaching their fiduciary duty by approving the proposed sale on unfair and inadequate terms. As part of the settlement, Countrywide agreed to make additional disclosures on the background of the merger, according to court documents filed yesterday in Delaware Chancery Court in Wilmington.
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Norman Braman v. Miami Dade County - 09/22/08 Hearing
 
A lawsuit filed by luxury auto dealer Norman Braman challenging a plan to finance a Florida Marlins ballpark will go forward after a judge chose Thursday not to dismiss complaints that the plan is unconstitutional and misappropriates voter-approved bond funding.
Larry Edwin Craig v. State of Minnesota - 09/10/08 Oral Argument
 
United States Senator Larry Craig (R-ID) is attempting to withdraw his plea of guilty to disorderly conduct resulting from an airport sex sting last year. A lower court refused to allow Craig to withdraw his plea.
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CCM Pathfinder Pompano Bay, LLC v Compass Financial Partners LLC - 08/21/08 Hrng
 
Republic Credit Corporation v. Bateman - 08/13/08 Trial
 
Real estate suit against Skaaden Arps partner.
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CFTC Committee to Discuss Energy Markets - 06/10/08 Hearing
 
The Commodity Futures Trading Commission (CFTC or Commission) will convene the first meeting of its Energy Markets Advisory Committee on Tuesday, June 10, 2008, to receive input from a variety of sources on key energy market issues. The Committee, which includes a wide-range of representatives of energy industry participants, will focus on the issue of transparency in the energy markets, and will include discussions on the role of index trading and energy trading on foreign boards of trade.
Beal Bank v. Wespoint Int'l, Inc. - 06/04/08 Hearing
 
This case involves Beal Bank, a lender, that sought assistance in Chancery Court to vindicate its rights as an alleged shareholder. Beal Bank entered into a Stock Pledge Agreement that allowed it to take shares in the debtor as security upon default. When the debtor filed bankruptcy, a federal statute prevented the enforcement of that Stock Pledge Agreement, thus preventing Beal Bank to register the shares in its name. An auction of the debtor took place and the Bankruptcy Court entered a Sale Order authorizing the sale of  substantially all of the debtor's assets.

Here, Beal Bank asserts that the actions of the debtor's board after the sale were breaches of their fiduciary duties which forced them into a minority position and diluted their value.

http://www.delawarelitigation.com/2007/06/articles/chancery-court-updates/chancery-court-defers-to-bankruptcy-court-for-clarification-prior-to-addressing-corporate-issues/
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Osborne, et al. v. The City of Wilmington - 05/29/08 Hearing
 
Senate Bill 194, sponsored by Laurel Democratic Sen. Robert L. Venables Sr., sailed through the Senate on a unanimous vote and moves to the House for consideration.

Venables' one-sentence bill states that government cannot use its power to condemn private property if its purpose is "to primarily generate public revenues through private land owners."

That wording renders the bill almost toothless, said Ed Osborne, who owns an auto repair shop in South Wilmington that is on the city's list for potential eminent-domain condemnation.
Gottdiener v. Odeen, Avaya, Inc, et al - 05/20/08 Hearing
 
A class action brought by public stockholders of Avaya in connection with the proposed acquisition of Avaya by two private equity firms for $8.2 billion. Skadden represents members of the board of directors of Avaya, Inc.
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Jack McElroy II v. Thomas Strickland et al - 09/12/07
 
Lawsuit alleging violations of the Tennessee Sunshine Law by the Knoxville city council when it appointed officeholders without public input.
Torres v. Wal Mart - 03/02/09 Trial
 
Plaintiff allegedly slipped on a wet floor in a Walmart store aisle and fell backwards, hitting his head on a pallet, resulting in herniated discs in his neck and back.  The plaintiff alleged that there were no warning cones blocking his access to or otherwise adequately protecting him from the dangerous condition.  The defendant claimed that it had been conscientious in keeping the floor clean, it provided adequate warning cones, and although the floor may have been shiny, it was not wet or slippery.

The jury found for the defendant.
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American Legacy Foundation v. Lorillard Tobacco Co - 04/26/07 Oral Argument
 
Litigation regarding whether the American Legacy Foundation’s anti-tobacco marketing and advertising campaign directed at youth violated the terms of the Master Settlement Agreement resolving the various lawsuits filed by state attorneys general against the tobacco companies.
David Jelinek v. Abbott Laboratories - 04/30/07 Trial
 
Age Discrimination case; retrial from an overturned jury verdict awarding the Plaintiffs $27.5 million.
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LA Municipal Police Employees Retirement System v. Countrywide - 04/18/07 Hrng
 
A "books and records" action filed by the Louisiana Municipal Police Employees Retirement System, which says it wants to look into an alleged suspicious pattern of options grant timing by the Calabasas, Calif.-based home lender.
Paul v. Deloitte & Touch - 03/04/09 Oral Argument
 
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CCS Investors v. LLC - 03/04/09 Oral Argument
 
Michael Jones v. State - 03/04/09 Oral Argument
 
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Business Planning v. Personnel Decisions - 03/04/09 Oral Argument
 
Case Financial, Inc. v. Eric Alden - 03/04/09 Trial
 
Trial - Bifurcated shareholder derivative action brought by Canadian Commercial Workers Pension Plan against former and current directors of Case Financial alleging breach of fiduciary duty.
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Ward Churchill v. University of Colorado - 03/09/09 Trial
 
Suit brought by former professor Ward Churchill alleging he was fired due to unpopular political views, not academic error as the university claims.
Borikas v. Alameda Unified School District - 03/17/09 Hearing
 
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State of California v. US Department of Energy - 03/09/09 Oral Argument
 
Appeal of DOE's attempt to prohibit CA from imposing stricter greenhouse gas standards than those currently used by the federal government.
In re: Genentech Inc. Shareholder's Litigation - 03/09/09 Hearing
 
Settlement hearing.

The court previously held a hearing on a on motion for a preliminary injunction in suit seeking to block acquisition of Genentech Inc (NYSE) by Roche Holdings Inc.

For documents relating to this case, please click here.
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Video Gaming Technologies Inc v Bureau of Gambling Control - 03/10/09 Oral Argmt
 
9th Circuit OA's - Defendant's appeal of EDCA's granting plaintiff's motion for preliminary injunction in suit seeking to block the seizure of gambling machines used by charitable organizations by the CA Bureau of Gaming.
Fleischman v. Huang - 03/11/09 Hearing
 
This is the settlement in the NVIDIA shareholder class action litigation, concerning alleged stock option backdating at NVIDIA Corporation.
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Morgen v. US Dept of Navy - 03/11/09 Oral Argument
 
Plaintiff's appeal if district court's granting defendant's motion to dismiss in asbestos/mesothelioma suit brought by family of deceased worker at Puget Sound Shipyard.
Whiteway v. FedEx Kinko's - 03/11/09 Oral Argument
 
SF - Plaintiff's appeal of district court's granting defendant's motion for summary judgment and class decertification in class action suit brought by managers at Kinkos Copy Centers who claim they were improperly denied various employment benefits like overtime compensation.
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Thelen Reid Brown v. Marland - 03/11/09 Oral Argument
 
Defendant's appeal of district court granting plaintiff's motion for summary judgment in suit over the termination of an agreement between Thelen and Marland in 1999 to pursue a French-owned state bank for violations of US federal law.

BEING HEARD WITH: 08-15102
Andrew Cuomo v. John Thain - 03/13/09 Hearing (Audio Only)
 
Hearing on motion by Bank of America to keep John Thain from having to disclose information about bonuses received by Merrill Lynch executives after their merger with BofA.
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In re: NYMEX Shareholder Litigation - 03/17/09 Hearing
 
Hearing for plaintiff's motion on declaratory judgment and defendants' cross motion for summary judgment.

NOTE: BEING HEARD WITH CASE # 3835

The complaint alleges that the director-defendants, aided and abetted by NYMEX and CME, breached their fiduciary duties to Mr. Capozza and the other NYMEX shareholders by agreeing to sell NYMEX to CME for grossly inadequate consideration. The complaint also alleges that the proposed acquisition was negotiated through a process that was fundamentally flawed.

According to Mr. Capozza, “I have taken this action to protect all the NYMEX shareholders from the personal self-interest of management. If we sell our shares, we should get a fair and adequate price, not one that rewards Mr. Schaeffer and his cohorts at our expense.” Mr. Capozza added, “I have been a member and shareholder of the New York Mercantile Exchange for more than 25 years, and my concern has always been to see that the members are treated fairly. This proposed sale is the latest instance of management operating for their own interest rather than the best interest of all the shareholders. As a public company, it is more important than ever that management is accountable to all the shareholders.”
Bible v. Schriro - 03/26/09 Oral Argument
 
NOTE: Each side being given full 30 minutes for OA's.

Appeal of district court ruling in habeus corpus petition denying re-trial due to new evidence in death penalty case.
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Nemec v. Shrader - 03/30/09 Hearing
 
(NOTE: being heard with # 3924)

Oral arguments on defendant's motion to dismiss in suit alleging executives of Booz Allen Hamilton (a corporate consulting firm) illegally inflated their stock prices through "self dealing" associated with a spin off.
Springbok v. Tunney - 03/19/09 Hearing
 
This is a hearing on defendant's motion to compel and plaintiff's motion for summary judgment. In this action Springbok is seeking judgment against Tunney and other directors of MCG Capital Corporation for breach of fiduciary duties in adopting certain bylaws, which they claim are invalid. Specifically, the plaintiffs take issue with the election proceedings that occurred at the Annual Meeting.
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FLI Deep Marine LLC v. McKim, et al - 03/24/09 Hearing
 
This is a second lawsuit was filed against Sen. Norm Coleman's supporter Nasser Kazeminy, accusing him of using a Texas company to funnel secret cash to the senator's wife Laurie. The primary action concerned plaintiffs, two of Deep Marine Holdings, Inc. minority shareholders, and their stockholder derivative suit against defendants for exploiting and looting the assets of the company for personal gain. They further allege that the defendants "ignored corporate formalities and reasonable business practices.”
In Re: Cape Pharmacy, LLC - 04/08/09 Trial
 
1 day trial seeking the dissolution of Cape Pharmacy, LLC and appointment of liquidating trustee.
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In Re: Sunbelt Beverage Corp. Shareholder Litigation - 04/14/09 Trial
 
3 day trial. Suit brought by competitor and former minority shareholder of Sunbelt seekin Rescissory Relief for a statutory cash-out-merger that occurred in August 1997.
Smith v. Ace Insurance Co. - 03/25/09 Oral Argument
 
SF - Appeal of district court's decision to remand in complex bankruptcy case involving Ace Insurance Company, part of the Ace Group of Companies which is one of the world’s largest providers of commercial property and casualty insurance and reinsurance.
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Belaski v. Doctors Hospital Physicial Organization, et al. - 03/30/09 Trial
 
Smith v. Mahoney - 04/06/09 Oral Argument
 
SEATTLE - Habeus petition (originally filed in 1994) in death penalty case.

(Note: Given special designation for extra time at oral arguments)
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Richter v. Caldwell Freightlines, et al - 04/06/09 Trial
 
Jury trial in Maricopa Superior complex litigation unit.
Johannsen v. Nike, Inc. - 04/07/09 Oral Argument
 
SEATTLE: Nike's appeal in wrongful termination suit of former Nike employee who alleges violation of Montana's Wrongful Discharge from Employment Act.
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Catz v. Chalker - 04/15/09 Oral Argument
 
Note: being heard with 08-16468

San Francisco - Appeal in decade old case that has been in multiple jurisdictions, both state and federal. Need to do more research, but only put on calendar because of proximity to Qwest OA.
Qwest Corp. v. Arizona Corp. Commission - 04/15/09 Oral Argument
 
NOTE: Being heard with 07-17080

San Francisco - Appeal of AZ Corp's commission ruling in non-competition dispute between Qwest Corp and Covad.
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Kalyvas v. Phillip Morris, et al. - 04/13/09 Trial
 
Engle tobacco trial in Tampa.
David Jelinek v. Abbott Laboratories - 02/04/08 Trial
 
Age Discrimination case; retrial from an overturned jury verdict awarding the Plaintiffs $27.5 million.
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Selectica v. Versata Enterprises - 04/27/09 Trial
 
5-day trial challenging the validity of Selectica's "poison pill" that Versata intentionally triggered by acquiring additional shares in Selectica. This case represents the first time that a poison pill has been swallowed by a shareholder.

Selectica created the poison pill to protect its $150M Net Operating Loss tax asset, the value of which would have been impaired if any shareholder increased its stake to 10% or more. To prevent such an ownership change, Selectica created a stockholder rights plan that would dilute the holdings of shareholders who knowingly accumulated more than 5% of Selectica's shares.

Versata increased its holding to 6.7 percent. Selectica then used the poison pill to dilute Versata's ownership to 3.4%. Versata seeks a determination that Selectica's poison pill is invalid. Purchase Here

Sample video from 4/27/09 proceedings: View a Demo Clip
James and Jackson LLC v. Holyfield, et al. - 04/13/09 Hearing
 
Minority challenge to freeze-out merger transaction with MBC/Black Family Channel.
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Banco Intercontinental v. Var Holdings - 04/13/09 Trial
 
5 day trial in Miami Business Litigation division. Banco Intercontinental (or BANINTER) was the second largest privately held commercial bank in the Dominican Republic, before collapsing in 2003 in a spectacular fraud tied to political corruption.
In Re: IH Riverdale & 4 Related Cases - 04/15/09 Hearing
 
Background: Investor in apartment development sued prime developer and others, alleging breach of development agreement that gave investor right of first refusal to participate in “Phase II” of the development, and other claims.

The Superior Court, Fulton County, Johnson, J., entered summary judgment for prime developer on claim of breach of right of first refusal and denied investor's motion for summary judgment on certain profits distribution. Parties appealed.
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Curry v. Silicon Image, Inc. - 04/14/09 Oral Argument
 
San Francisco - Defendant's appeal in class action securities suit alleging artificial inflation of Silicon's stock price.
Conn. Ret. Plan v. Pricewaterhouse - 04/14/09 Oral Argument
 
San Francisco - Plaintiff's appeal in securities class action case alleging the stock price of Redback was falsely inflated by PWC.
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EEOC v. Prospect Airport - 04/16/09 Oral Argument
 
San Francisco - EEOC's appeal of ruling in sexual harassment suit involving male complainant.
In Re: American International Group Inc Derivative Litigation - 04/20/09 Hearing
 
This hearing concerns a motion by 3rd party defendants Gen Re Corporation seeking dismissal of underlying litigation.

In this suit, stockholder plaintiffs seek to recover funds to make American International Group, Inc. (AIG) whole for the harm it suffered when it was revealed that the corporation’s financial statements were materially misleading. Also, these statements overstated the value of the corporation by billions of dollars, and plaintiffs aver these discrepancies were the consequence of intentional misconduct by AIG’s top executives.
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Credit Suisse Securities v. West Coast Opportunity Fund - 04/24/09 Hearing
 
Hearing on motion for partial judgment on pleadings in suit over a Lockup Agreement related to the establishment of a margin account and transfer of pledges shares of GreenHunter Energy, Inc.
Reynolds v. Philip Morris USA Inc. - 04/17/09 Oral Argument
 
PASADENA: Appeal of District Court's denying motion to dismiss in class action for failure to honor "Marlboro Miles" - part of a promotional points campaign.
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Starrh v. Aera - 04/28/09 Trial
 
Bakersfield farmer Fred Starrh sued Aera Energy, a joint venture of Exxon Mobil and Shell, in 2001 for trespass, alleging the oil company knowingly contaminated his farm's groundwater supply by pouring billions of barrels of waste water  extracted from the nearby Belridge Fields oil production site into unlined percolation pits.  Starrh proposed a plan to restore the aquifer to its original condition, which would have cost over $2 billion, but a jury in Kern County Superior Court awarded only $7 million in damages.

On appeal, Starrh's lawyers argued that the damages should potentially include money saved by Aera by not  properly disposing the waste water.  The Fifth District Court of Appeal in Fresno ordered a new trial on damages, noting that even if Aera had been forced to pay $1 per barrel instead of 1.5 cents per barrel  to dispose of the waste water, Aera would still have had over $1 billion in profits.  Aera and several industry associations unsuccessfully petitioned the California Supreme Court to allow the original $7 million award to stand.
Pullin v. Team Physicians of Arizona, et al - 04/20/09 Trial
 
Medical malpractice trial in Maricopa Superior Court Complex Litigation division.
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ZRII LLC v. Wellness Acquisition Group et al - 04/22/09 Hearing
 
ZRII, LLC announced today that on February 16, 2009, ZRII, LLC filed lawsuits against its former executive management team, certain employees, and former Independent Executives. These legal actions contain complaints for allegedly plotting a scheme to take control of the company through illegal and deceptive means.
Jose Adolfo Tellez et al v. Dole Food Company Inc et al - 11/26/07 Jury Research
 
25 plaintiffs incurred personal injuries, including reproductive injuries. The plaintiffs claim exposure from working on banana plantations (in Nicaragua) from dermal contact with 1,2-dibromo-3-chloropropane ("DBCP"), inhalation of vapors, and from drinking water allegedly contaminated with DBCP.
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Sherman v. RJ Reynolds - 04/20/09 Trial
 
Engle progeny tobacco liability case.
ITC Hearing - 4/21/09 Hearing
 
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San Antonio Fire & Police Pension Fund v. Daniel M. Bradbury - 05/04/09 Trial
 
The Amylin case is a 2-day trial to determine the validity of a "poison put" takeover defense that would protect Amylin's board of directors from being replaced.  Carl Icahn, who owns 9.4% of Amylin, and the hedge fund Eastbourne Capital, which owns 12% of Amylin, are attempting to gain control of Amylin.  Each has nominated five directors. 

The "poison put" provision adopted by Amylin's board allows bondholders to seek repayment of hundreds of millions of dollars if a majority of the board is replaced. 

The named parties are a pension fund that owns stock in Amylin and Amylin CEO Daniel Bradbury.  Carl Icahn has also requested to join the lawsuit as an individual plaintiff.

Further Info
Banco Espirito Santo v. BDO Seidman - 06/02/09 Trial
 
This trial will determine whether BDO Seidman was an agent of BDO International, thus making the international accounting network potentially liable for a $500M+ judgment against US network member BDO Seidman.


The trial court ruled that the Banco Espirito's evidence could not have established agency, but the Florida Court of Appeal ruled that the plaintiff was entitled to a trial on whether BDO Seidman had acted as the international accounting network's agent, and thus the international accountancy network might be vicariously liable for the judgment against its network member BDO Seidman.


In the underlying case, Banco Espirito Santo's professional malpractice claim against accounting firm BDO Seidman resulted in a jury award of $170M in compensatory damages and $352 in punitive damages. Portugal's third largest bank alleged that BDO had conducted negligent audits for one of BDO's clients, failing to discover a $220M fraud that cost Banco Espirito $170M.


View free video clips from the case:


Plaintiff's opening statement -- Clip 1


Plaintiff's opening statement -- Clip 2


Defense's opening statement -- Clip 1


Defense's opening statement -- Clip 2


Testimony of Paul van Elten, BDO International Secretary -- Clip 1


Paul van Elten -- Clip 2


Paul van Elten' -- Clip 3

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Huntsman Corp v. Credit Suisse Securities (USA) LLC - 05/08/09 Hearing
 
A Texas jury will hear a multibillion dollar claim by Huntsman Corp. that two of the world's largest banks, Credit Suisse and Deutsche Bank, scuttled its proposed mergers with Hexion Chemical and Basell Holdings, NV. Credit Suisse and Deutsche Bank were supposed to finance the deals, but backed away when the credit markets deteriorated last fall. Among the claims Huntsman is pursuing are tortuous interference and common law fraud.


Hexion Chemical is owned by Leon Black's Apollo Management. In one of the most noteworthy rulings last year, Delaware Chancery Court vice-chancellor Stephen Lamb found that Hexion breached its merger agreement with Huntsman. Hexion eventually settled that litigation for $1 billion, including a $425 million cash payment to Huntsman. Apollo and Hexion are cooperating with Huntsman in this litigation. (For video of the Delaware litigation, please click here.)


Presiding over the trial is Texas Ninth District state court Judge Fred Edwards, a Republican who has been on the bench since 1993. The trial will be held Conroe, Tex., which is about 14 miles from Huntsman's U.S. headquarters. Lead counsel for Huntsman is Jean Frizzell, Robin Gibbs and Kathy Patrick of Gibbs & Bruns. Lead counsel for the banks is Richard Clary of Cravath, Swaine & Moore and G. Irvin Terrell of Baker Botts. The trial is expected to last approximately four weeks.


View a clip from September's Hexion v. Huntsman Trial.


View a clip from October's Hexion v. Huntsman Hearing.


View a clip from November's Huntsman v. Credit Suisse Hearing.


View a clip from May's Huntsman v. Credit Suisse Hearing.
Mejia, et al v. Dole Food, et al - 05/08/09 Hearing
 
5-8 contempt hearing.

From "The American Lawyer" - "At the hearing Thursday, Chaney dismissed from the bench two tort cases against Dole and Dow Chemical, ruling that Los Angeles plaintiffs lawyer Juan Dominguez and co-counsel in Nicaragua committed a "fraud on the court" and a "blatant extortion" of the defendants. In the hottest water is Dominguez, counsel to thousands of Nicaraguan men who won judgments against Dole Foods in Nicaraguan courts after claiming they were made sterile by the chemical DBCP, which is used on banana plantations."
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Loral Space v. Highland Crusader - 05/05/09 Oral Argument
 
In a reply brief in support of its appeal, the satellite communications company said the Delaware Chancery Court erred by including Highland Crusader Offshore Partners' suit as part of a shareholder action challenging Loral's issuance of stock to its largest shareholder.
Cardiology Consultants v. Koch - 05/06/09 Oral Argument
 
Medical Malpractice.
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Yoder v. DPL - 05/06/09 Oral Argument
 
Accident Liability against DelMarVa Power Company.
Wal-Mart v. AIG Life - 05/06/09 Oral Argument
 
Wal-Mart asserted several causes of action, including claims based on unjust enrichment/restitution and nondisclosure against the issuers of COLI policies.
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Greenwald v. Bursalyan, et al - 05/11/09 Trial
 
While attempting to exit a parking lot, the defendant rear-ended a vehicle driven by the plaintiff, a certified nurse assistant.  The collision occurred at a velocity of between six and 11 miles per hour.  The plaintiff allegedly suffered a ruptured disc back injury, job loss, ongoing pain, and the need for medical treatment.

The defendant conceded negligence but asserted that the collision did not cause the injuries claimed by the plaintiff.  The plaintiff's extended cab pick-up truck weighed approximately 1,500 pounds more than, and was higher than, the defendant's vehicle, and the plaintiff did not report injuries until the following day.

The jury determined that the plaintiff was entitled to recover $2,311.97.
Cuppy v. Surgical Professionals, et al - 05/11/09 Trial
 
An appendectomy patient who had been taking the anti-coagulant Coumadin (due to a prior heart valve replacement) died after the attending surgeon allegedly overlooked internal bleeding before completing the operation.

The plaintiff also alleged that the physician failed to obtain informed consent for emergency surgery, and that the patient's acute symptoms had subsided at the time of the surgery decision because the patient did not in fact have appendicitis.  

The plaintiff also alleged that the physician over-prescribed Lovenox (a form of Heparin, another anti-coagulant) for DVT prophylaxis, and that the physician did not appropriately respond to the patient's deteriorating condition.

The jury returned a verdict in favor of the defendants.
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NACCO v. Applica - 05/11/09 Hearing
 
The household appliance company Applica put itself up for sale.  Harbinger, a New York hedge fund, then acquired more than 30% of Applica.

The following month, Applica and NACCO Industries, which owned the Hamilton Beach appliance company, announced a merger agreement involving Applica and NACCO's Hamilton Beach unit.  However, Harbinger subsequently submitted a competing offer, and bidding contest ensued.  NACCO ended up as the losing bidder.

NACCO asserted common law fraud claims against Harbinger and Applica based on statements in SEC filings.

The hearing considered whether a state law fraud claim could be based on statements in a publicly available federal securities filing, and whether Harbinger's investment intentions were misrepresented.

The motions were argued by D. Mark Cave of Paul Weiss, for the defendant, and Philip Le B. Douglas of Jones Day, for the plaintiff.
Johnson v. AT&T - 05/11/09 Hearing
 
Hearing on motion to dismiss.

From Findlaw.com: "Ex-employees of telecom MediaOne Group charge in a Delaware state court lawsuit against AT&T Corp. that they were cheated out of their stock options in a shell game during a series of mergers involving AT&T Wireless and Cingular.

In the complaint, filed in the Delaware Chancery Court on behalf of the MediaOne employees, Deborah Johnson and Jerry Rybin say the court's recent decision in a related case awarding $11.3 million to a group of ex-MediaOne executives establishes the right of the rank-and-file workers to the same relief. Lillis et al. v. AT&T Corp. et al., No. 717-VCL, 2007 WL 2110587 (Del. Ch. July 20, 2007)."
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Brown v. RJ Reynolds - 05/11/09 Trial
 
This Engle-progeny tobacco case involves a life-long smoker who allegedly started smoking when he was 12 years old.  He died of lung cancer and esophageal cancer.  

The plaintiff claimed that the smoker was addicted to cigarettes that contained nicotine, and that the nicotine addiction caused his death.  The defense claimed that the smoker chose to smoke and wanted to smoke, for most of his life.

The jury ruled in favor of the plaintiff and found damages of $1.2M.
Huntsman Corp. v. Credit Suisse Securities (USA) LLC - 06/15/09 Trial
 

A Texas jury will hear a multibillion dollar claim by Huntsman Corp. that two of the world’s largest banks, Credit Suisse and Deutsche Bank, scuttled its proposed mergers with Hexion Chemical and Basell Holdings, NV. Credit Suisse and Deutsche Bank were supposed to finance the deals, but backed away when the credit markets deteriorated last fall.

Among the claims Huntsman is pursuing are tortuous interference and common law fraud.



Hexion Chemical is owned by Leon Black’s Apollo Management. In one of the most noteworthy rulings last year, Delaware Chancery Court vice-chancellor Stephen Lamb found that Hexion breached its merger agreement with Huntsman. Hexion eventually settled that litigation for $1 billion, including a $425 million cash payment to Huntsman. Apollo and Hexion are cooperating with Huntsman in this litigation.

Presiding over the trial is Texas Ninth District state court Judge Fred Edwards, a Republican who has been on the bench since 1993. The trial will be held Conroe, Tex., which is about 14 miles from Huntsman’s U.S. headquarters. Lead counsel for Huntsman is Jean Frizzell, Robin Gibbs and Kathy Patrick of Gibbs & Bruns. Lead counsel for the banks is Richard Clary of Cravath, Swaine & Moore and G. Irvin Terrell of Baker Botts. The trial is expected to last approximately four weeks.
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LAMPERS v. Steven Taub, et al - 05/19/09 Hearing
 
This shareholder class action challenges the validity of Atmel's board of directors' extension of a poison pill that allegedly made the poison pill's triggers vague and unascertainable.

In October, 2008, ON Semiconductor Corp. (ONNN) and Microchip Technology Inc. offered to purchase Atmel (ATML) for $2.3 billion.   Atmel rejected the offer and lowered the ownership percentage that would trigger its Poison Pill (shareholder rights agreement), and the takeover attempt was abandoned.

The shareholder class represented by the pension fund alleges that Amtel's board expanded the definition of "beneficial ownership" that might trigger the poison pill to include interests held pursuant to derivatives contracts, and defined "derivatives contracts" in a way that included so many potential arrangements that a potential acquirer would not be able to evaluate its own beneficial ownership and the board would not be able to determine when the poison pill had been triggered.
Banther v. State - 05/21/09 Oral Argument
 
Capital Trial Appeal.
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O’Neal v. State Farm - 05/21/09 Oral Argument
 
Berger v. Pubco Corp - 05/21/09 Oral Argument
 
Appeal of the following judgment:

The Court of Chancery found that the failure to disclose the manner in which the consideration offered in a short-form merger was determined, as well as the failure to attach the current and correct version of Delaware's appraisal statute to the notice of merger, constituted a violation of the board's duty of disclosure.
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McNally v. State - 05/21/09 Oral Argument
 
Appeal of Criminal Conviction.
Request for Opinion of the Justices - 05/21/09 Oral Argument
 
The Justices are entertaining a question from the State as to whether sports betting, as passed by the State legislature recently, is allowable in the State of Delaware.
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Bank of America, et al. v. Steel Partners, et al - 06/19/09 Hearing
 
Injunction hearing in suit where plaintiffs seek to recover funds invested in the hedge fund Steel Partners, which declined in value by 43% during the first 11 months of 2008.
Scion Energy Partners LLC v. Signal Peak Energy LLC - 06/02/09 Hearing
 
Hearing on motion to dismiss and stay discovery.

Suit brought by creditors of defendants who allege they were harmed by illegal security sales. Defendants include Yellowstone Investments, Roundup Trading International and Bull Mountain Coal Mining.
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Siracusano v. Matrixx Initiatives - 06/09/09 Oral Argument
 
SAN FRANCISCO: Appeal in securities case related to Zicam (cold medicine) litigation.
Oksner v. Blakely - 06/09/09 Oral Argument
 
SAN FRANCISCO: Appeal in civil suit against the FAA re: pilot safety requirements.
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Reudy v. Clear Channel - 06/09/09 Oral Argument
 
SAN FRANCISCO: Appeal re: outdoor advertising properties.
Kelly v. State - 06/01/09 Oral Argument
 
Appeal in Criminal Case.
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Aaron v. State - 06/04/09 Oral Argument
 
Appeal in Criminal Case.
CCS Investors v. Brown - 06/04/09 Oral Argument
 
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Maddrey v. State - 06/04/09 Oral Argument
 
LAMPERS v. Ferttita - 06/09/09 Hearing
 
Class action shareholder suit seeking to prevent Landry's Restaurants from becoming an entirely private entity and terminating the stock options of public shareholders.
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Smith v. Wellcare Health Plans - 06/22/09 Hearing
 
A former officer of one of the nation's largest health care services providers has told a Delaware state court that WellCare Health Plans failed to take care of the legal bills he ran up in connection with a criminal investigation of the company.

In a complaint filed in the Chancery Court, David Smith says WellCare promised to pay his legal bills as they came in but reneged after he refused to sign away his rights to indemnification.
Sunset Cove v. Santiago & Tsokos - 06/15/09 Trial
 
3-day bench trial in Tampa's business litigation division.

From the case complaint: "The action arises out of a real estate sales contract for the purchase of four parcels of property. When the sale did not close the seller sold to a third party. The purchaser sued the seller and obtained a judgment holding that the seller should have conveyed to the purchaser. All three parties are now engaged in the current action to determine title to the property and damages to which any party may be entitled."
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Crawford (R.P.I. Shapiro) v. Astrue - 06/22/09 Oral Argument
 
SEATTLE: En banc hearing of appeal re: social security benefits.
Doody v. Schriro - 06/23/09 Oral Argument
 
SEATTLE: En banc hearing in appeal of conviction for murder of 6 Buddhist monks at a temple outside Phoenix in 1991.

Alan Dershowitz served as counsel for petitioner at earlier appeals hearings before the 9th circuit.
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Pinholster v. Ayers - 06/23/09 Oral Argument
 
SEATTLE: En banc hearing in habeus corpus/death penalty conviction appeal originally filed in 2003.
Rowland v. Home Depot Inc, et al - 06/22/09 Trial
 
Stand 'N Seal Spray-On Grout Sealer, containing Flexipel, allegedly
caused permanent lung damage to customers who purchased the product
from Home Depot.  A jury trial in Maricopa Superior Court's complex
litigation division will determine whether the private label
distributor, Roanoke Companies Group, which does business as "Tile
Perfect" is liable for any injuries. Home Depot was found by the court
not to be liable.
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Whitson v. Marie Raymond Trust - 06/17/09 Oral Argument
 
In approving the proposed settlement, the Court of Chancery denied a motion to intervene, and overruled objections. The objectors challenged the breadth of the settlement's release, raised purported due process concerns in connection with the settlement's opt-out provision, and quarreled with representations and warranties in the release.
Alliance Data Systems Corp. v. Blackstone Capital - 06/17/09 Oral Argument
 
This action, brought by Alliance Data Systems Corp., is to determine whether Blackstone Partners need to make good on a $7.8 billion merger promise to a credit card processing company. This suit seeks to compel Blackstone to merge.
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Jackson v. State - 06/17/09 Oral Argument
 
Argument as to whether Jackson's original defense counsel's comments to the trial judge in support of his motion to withdraw did impermissibly taint all subsequent events and decisions in the course of Jackson's case or cause Jackson actual prejudice to undermine confidence in the outcome of the proceeding.
In Re: Marsh & McLennan Co. Inc. Derivative Litigation - 061709 Hearing
 
Hearing on motion to dismiss in complex shareholder derivative litigation.

Information on related federal cases:

http://securities.stanford.edu/1032/MMC04_01/
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Mejia et al v Dole Food et al - 06/17/09 Hearing
 
6-17 contempt hearing.

From "The American Lawyer" - "At the hearing Thursday, Chaney dismissed from the bench two tort cases against Dole and Dow Chemical, ruling that Los Angeles plaintiffs lawyer Juan Dominguez and co-counsel in Nicaragua committed a "fraud on the court" and a "blatant extortion" of the defendants. In the hottest water is Dominguez, counsel to thousands of Nicaraguan men who won judgments against Dole Foods in Nicaraguan courts after claiming they were made sterile by the chemical DBCP, which is used on banana plantations."
In Re: TD Banknorth Inc. Shareholders Litigation - 06/25/09 Hearing
 
Settlement hearing.

Via Bloomberg News: " April 21 (Bloomberg) -- TD Banknorth Inc. agreed to pay $50 million to settle for the second time a class-action lawsuit brought by former investors challenging the fairness of the company’s buyout by Toronto-Dominion Bank.

TD Banknorth shareholders sued in Delaware Chancery Court in Wilmington in 2006, contending the $3.2 billion offer for 41 percent of the stock that Toronto-Dominion didn’t already own was too low. Judge Stephen Lamb in 2007 rejected as insufficient a lawsuit settlement that gave stockholders about $3 million and lawyers more than $1 million in legal fees."
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Peter Knoch v. Safeway, Inc. - 06/22/09 Trial
 
Class action jury trial in Los Angeles Superior Court's complex
litigation division concerning unpaid overtime wages for Safeway workers.
Schein v. Ernst & Young - 06/25/09 Trial
 
Plaintiffs Alan Schein and Result Technologies, Inc. brought the claim, alleging they were damaged by Ernst & Young's failure to conduct proper audits of Illinois-based Superior Bank F.S.B. The FDIC took control of Superior Bank in 2001 after declaring it insolvent.



The case calls into question consulting fees given by the banks to Ernst & Young.
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Galil Medical Ltd. v. Endocare, Inc. - 07/09/09 Trial
 
2-day trial seeking to enforce a merger agreement between Galil Medical and Endocare. Endocare sought to terminate the agreement due to the fact that an FTC investigation of the merger is currently underway.

Chancellor William Chandler recently granted a motion to expedite proceedings.
Bank of America, et al. v. Steel Partners, et al - 07/21/09 Trial
 
Chancellor Chandler declined to issue an injunction in an earlier hearing in suit where plaintiffs seek to recover funds invested in the hedge fund Steele Partners, which declined in value by 43% during the first 11 months of 2008.
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Milford School District v. Henlopen Athletic Conference - 07/02/09 Hearing
 
Milford School District's lawsuit challenges the Henlopen Athletic Conference's moving Milford from the Southern Division, which includes the smaller schools, to the Northern Division, which includes the larger schools.

Whether Milford was appropriately moved to the Northern Division depends on the methodology used for counting Milford's students.  Milford contends that the Conference should not have counted students enrolled in a separate school that rented space in the Milford facility, and who therefore attended classes at Milford, but who were not enrolled as Milford students.
University of Delaware v. AFSCME - 06/30/09 Hearing
 
Oral argument on appeal of decision by the Public Employment Relations Board re: part time classification of Aramark food service workers. Aramark is one of the largest contractors in the country for campus and sports complex dining services, in addition to being a major contractor for the U.S. military.
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Carlo Vichi v. Koninklijke Philips Electronics - 07/02/09 Hearing
 
Hearing on motion to dismiss in complex securities dispute.


For documents relating to this case, please click here.
State of Nevada v. Steven Francis Zegrean - 07/07/09 Trial
 
1 week jury trial in Clark County Circuit court for a man accused of firing a machine gun into a Las Vegas casino in 2007. 4 people were injured in the shooting, and 53-year old veteran Francis Zegrean has pleaded not guilty to 52 felony charges.

http://www.lvrj.com/news/8369987.html
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Buchanan v. State - 07/08/09 Oral Argument
 
Criminal Appeal
Yoder v. DPL - 07/08/09 Oral Argument
 
Accident Liability against DelMarVa Power Company.
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Wilma Carver v. Dennis Forry - 07/13/09 Trial
 
10-day auto tort/negligence in Sarasota's "Major Trial Division." The presiding judge is the former chief judge of the 12th Judicial Circuit.
Certain Kitchen Appliance Shelving and Racks From China - 07/16/09 Hearing
 
Hearing on subsidies provided to manufacturers of various kitchen dish racks.

Parties involved include General Electric, Whirlpool, Maytag Corporation, Electrolux Home Products and others.
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In Re: Bear Stearns Litigation - 07/14/09 Hearing
 
Hearing on plaintiff's motion seeking reimbursement of attorney's fees and expenses totaling roughly $10.5 million.  Plaintiffs contend that the initiation of this litigation prompted a substantial increase in JP Morgan's share price, and that they're entitled to 1% of the overall gain. JP Morgan argues that since the underlying suit was dismissed the claim for attorney's fees is baseless.
Wiebe and Fouser v. Canyon County - 07/17/09 Hearing
 
Injunction hearing in suit brought by the firm of Weibe and Fouser to prevent Canyon County from terminating their contract as the county's public defender.
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Nouri v. Smart Online, Inc - 07/29/09 Trial
 
1 day trial in suit brought to compel advancement of legal fees by former CEO of Smart Online, Inc.
City of New Orleans Retirement System v. Bensinger - 07/17/09 Hearing
 
Hearing on motion to stay proceedings in favor of SDNY litigation. The DE action is a derivative suit that seeks to recover funds allegedly lost by AIG through imprudent investment in the sub-prime mortgage industry.
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Daniels v. State - 07/22/09 Oral Argument
 
Appeal of criminal conviction.
Shea v. Delcollo - 07/22/09 Oral Argument
 
Appeal in Delaware Supreme Court
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Hennegan v. Cardiology Consultants - 07/22/09 Oral Argument
 
Appeal in Delaware Supreme Court.
Negron v. State - 07/22/09 Oral Argument
 
Criminal Appeal
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Barbenell v. R.J. Reynolds Tobacco - 07/24/09 Trial
 
Engle Progeny tobacco lawsuit.
In Re: ECH Management, LLC and In RE: ECH, LLC - 07/30/09 Trial
 
1-day bench trial seeking the court-ordered dissolution of ECH Management, a small private entity.
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Diagnostic Leasing v. Blocker Transfer - 07/27/09 Trial
 
1-week breach of contract jury trial in Tampa's business litigation division originally filed in 1999.
Diagnostic Leasing is a CA-based private laboratory research company and Blocker transfer is a private FL-based shipping company.
Schuss v. Penfield Partners LP, et al - 07/28/09 Hearing
 
Hearing on plaintiff's motion for partial summary judgment.
Plaintiffs are limited partners in a hedge fund who withdrew from membership in the limited partnership and expected to receive a distribution equal to their liquidating share at the time they withdrew.
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O'Connor, trustee et al v. Redstone et al - 07/27/09 Trial
 
Suit brought against Sumner Redstone by a trustee of one of the Redstone family trusts, disputing control of National Amusements, a national movie theater company, by Redstone's children.
CA Inc. v. Ingres Corp. - 07/27/09 Trial
 
.......................... ..........................
Kuhn Construction, Inc v. Diamond State Port Corp. - 07/29/09 Oral Argument
 
Plaintiff, Kuhn Construction, was awarded a $10 million+ contract for wharf construction from DSPC, a mixed private/gov't entity. Kuhn Construction claims that, due to faulty architectural plan data, they had to incur additional construction costs beyond the amount awarded in the original contracts. Defendants claim dispute must be resolved in arbitration rather than in the Chancery Court.
Norfolk County Ret. Sys v. Jos. A Bank Clothiers - 07/29/09 Oral Argument
 
Plaintiff, Norfolk County Retirement System, is a beneficial holder of stock of defendant, Jos. A Bank Clothiers (JABC). Plaintiff brings a demand, pursuant to 8 Del. C. § 220, to inspect certain books and records after noticing a drastic drop in stock value.
.......................... ..........................
Robino Bay Court Plaza v. West Willow - 07/29/09 Oral Argument
 
Appeal of the Delaware Court of Chancery's determination of the appropriate damage award where the defendant breached a purchase agreement by its failure to secure a third party’s consent.
Torres v. State - 07/29/09 Oral Argument
 
Criminal Appeal
.......................... ..........................
AJW Partners LLC, et al v. Ingen Technologies, Inc. - 07/31/09 Hearing
 
Hearing on a motion for an injunction to enforce a securities purchase agreement, brought by an assortment of Cayman Island and Delaware based firms. They allege Ingen cites cash flow problems as the reason for continued share sales that the funds say dilute the value of their initial investments.

NOTE: Realtime Transcript Streaming is available for this event.
 
 
Bench trial in suit alleging UPS sought to illegally dismantle an existing owner-operated franchise structure after their takeover of Mail Boxes, Etc.

Courtroom View Network will provide daily blog coverage of the trial. Updates will be made twice daily, once during the lunch break and again at the end of afternoon proceedings.
.......................... ..........................
Terry Roth, et al v. Goodrich Corporation, et al. - 08/10/09 Trial
 
Asbestos liability jury trial in Los Angeles Superior court.
Multimedia Holdings Corp, et al v. FSU Board of Trustees - 08/20/09 Trial
 
"An open-government lawsuit to force release of documents in Florida State University's athletic-sanctions appeal will get a day-long hearing in August to settle what lawyers called a groundbreaking case.
The Tallahassee Democrat, Gannett Co. Inc's Florida newspapers and television stations and 17 other papers and stations filed suit against FSU, the National Collegiate Athletic Association and a law firm that hosted a confidential viewing of documents. Judge John Cooper set an Aug. 5 date for a final hearing to settle the public-records case.
After the lawsuit was filed, the NCAA allowed FSU to transcribe the appeal and provide a certified copy to reporters. Rachel Fugate, an attorney for the media outlets, said an amended lawsuit filed July 2 seeks further records as well as release of the original documents -- not transcriptions -- as well as recovery of attorney fees if the lawsuit succeeds.
Peter Antonacci, representing law firm GrayRobinson, said the issues involved in the case are unique and cover new ground for the state's Sunshine Laws, in part because of technology that presents "an electronic twist" to public records. Initially, the NCAA allowed FSU officials to view a response to the university's appeal of sanctions in an academic-cheating scandal only on a single computer that prevented printing or downloading."
.......................... ..........................
Center for Biological Diversity v. Kempthorne, et al - 08/05/09 Oral Argument
 
Appeal in suit brought by the Center for Biological Diversity against the Secretary of the Interior and the Alaska Oil and Gas Association regarding the decision to list the polar bear as threatened under the Endagered Species Act.
Kaltag Tribal Council v. Jackson - 08/05/09 Oral Argument
 
Suit appealing tribal court ruling re: an individual's tribal membership by birth.
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Weilbacher v. Progressive Northwestern Ins. Co. - 08/05/09 Oral Argument
 
Appeal in suit re: denial of coverage for injuries sustained in an automobile accident.
Alaska Eskimo Whaling Commision v. Mineral Mgmt Service - 08/04/09 Oral Argument
 
Appeal of the findings in an environmental impact report prepared by the MMS on expansion of oil fields in Alaska.
.......................... ..........................
Center for Biological Diversity v. Kempthorne - 08/04/09 Oral Argument
 
1 of two hearings on an appeal of the decision to de-list the polar bear as threatened under the Endangered Species Act (second hearing is 8/5)
Woodburn v. Open MRI of Orlando, Inc. - 08/17/09 Trial
 
3-day breach of contract bench trial.
.......................... ..........................
Robert Thacker, et al v. 3M Company, et al - 08/11/09 Trial
 
Asbestos liability jury trial in Los Angeles Superior Court.
Cullen Sheehan and Norm Coleman v. Al Franken - 06/01/09 Oral Argument
 
Oral arguments before the Minnesota Supreme Court contesting the
results of the 2008 United States Senate race between incumbent Norm
Coleman and comedian Al Franken. 



A special 3-judge panel ruled in June that Franken won the election by
312 votes, a decision Coleman appealed. After the state's supreme court
ruled to affirm the trial court decision Norm Coleman conceded the
election.
.......................... ..........................
Philip Morris USA, Inc. v. CCSF - 08/12/09 Oral Argument
 
Appeal seeking to overturn a ban on the sale of tobacco products in San Francisco pharmacies and health stores.
Veterans for Common Sense v. Peake - 08/12/09 Oral Argument
 
Appeal in suit seeking court-ordered overhaul of administration and facilities standards at VA hospitals.
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Hilchey et al v. Ameriquest Mortgage Co Inc et al - 08/25/09 Trial
 
Jury trial in Boston's Business Litigation Section accusing Ameriquest of fraudulent mortgage lending practices.

From the Boston Globe: "Hilchey and fiancee Robin Crevier, in the suit in Suffolk Superior Court, said Ameriquest's loan salesman did not provide the proper documents and disclosures about their loan, as required under state and federal laws. The payment increase "has this middle-class individual facing the specter of foreclosure," the suit said.

The couple's loan started with a "teaser rate," set for two years, of 5.75 percent, resulting in monthly payments of $1,692, the suit said; after a 2005 rate hike, to 7.75 percent, payments rose to $2,035. On March 1, the rate was scheduled to jump to 9.75 percent, boosting payments to about $2,750, documents said."
Phillips v. Target Corporation - 08/10/09 Trial
 
4-day products liability jury trial in Palm Beach County Circuit Court.
.......................... ..........................
Barnes v. Western American Auctions - 08/10/09 Trial
 
5-day auto-negligence jury trial in Sarasota, Florida.
Brecht v. Hague, et al - 08/17/09 Trial
 
Libel and defamation trial in King County Superior Court.

From The Daily Weekly - "After two years, the other case against Miss Jane Springman - a.k.a. King County Council member Jane Hague, who sometimes goes by her husband's last name in court - and Brett Bader, her mysterious campaign consultant, may finally be nearing trial.

Hague and Bader are now seeking a conclusion to another campaign-related lawsuit, filed by Paul Brecht, a key backer of Hague's 2007 opponent, Richard Pope. Brecht says he was defamed and libeled by one of Hague's Bader-made campaign posters, which claimed Brecht was convicted of assault and that he 'tops law enforcement lists' as a wife-beater - both of which he denies."

http://blogs.seattleweekly.com/dailyweekly/2009/07/hague_bader_defamation_trial_s.php
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Metcap Securities v. Pearl Senior Care - 08/12/09 Oral Argument
 
Appeal of DE Chancery ruling.
M.Howard v. State - 08/12/09 Oral Argument
 
Appeal in Criminal Case
.......................... ..........................
S.Johnson v. State - 08/12/09 Oral Argument
 
Appeal in Criminal Case.
Bezarez v. State - 08/12/09 Oral Argument
 
Appeal in Criminal Case
.......................... ..........................
Commonwealth of Kentucky v. Jason Stinson - 08/31/09 Trial
 
Criminal trial in Jefferson County Circuit Court.

From the WSJ: "On a hot day last August, Max Gilpin, a high-school sophomore from Louisville, Ky., collapsed during a preseason football practice. Three days later, he died from complications of heatstroke. His coach, Jason Stinson, was later indicted for reckless homicide in the first known criminal case of its kind.

During the practice in which Max Gilpin collapsed last year, another team member also collapsed but survived and a third player decided to quit the team. Mr. Stinson has pleaded not guilty. A trial in Jefferson County Circuit Court is scheduled for the end of August."

http://online.wsj.com/article/SB10001424052970204376604574280761954597096.html?mod=googlenews_wsj
Neil Meyers v. Celebrity Resorts International - 08/20/09 Trial
 
2-day trial in Orlando's business litigation division.

Suit involves ownership/control dispute of Celebrity Resorts International, a private hotel chain. Plaintiff is defendant's father.

Form local media reports: "Privately-held Celebrity Resorts is an " all in the family" kind of company, with a long history. It is owned by CEO Jared Meyers' father, retired dentist Neil Meyers, and the general counsel is one of Jared's uncles. Another uncle is Hillie Meyers, who owns and operates Star Island Resort in Kissimmee, originally part of the Resort World group."
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Kaufman v. Costco Wholesale Corporation - 08/17/09 Trial
 
Accident liability jury trial in Pima County Superior Court.

Plaintiff alleges they sustained an injury while on the premises of a Costco store.
Foundation for Seacoast Health v. Hospital Corp of America - 09/08/09 Trial
 
Via SeaCoastOnline.com: "PORTSMOUTH — A battle over the ownership of Portsmouth Regional Hospital will head to trial in September at Rockingham County Superior Court.

Superior Court Judge Kenneth McHugh ruled Monday he would not dismiss the suit between the Foundation for Seacoast Health and the parent company of the hospital. The trial will determine whether a right of first refusal clause was ignored by Hospital Corporation of America in 1999.

The fight over the future has been ongoing since the 2006 leveraged buyout of HCA. In 2008, the state Supreme Court upheld McHugh's 2007 decision that the 2006 change in HCA's ownership did not require activation of a contract allowing the foundation the opportunity to buy back the hospital the community sold to HCA in 1983. But the Supreme Court decision did not rule on a 1999 transfer of corporate ownership that the foundation claims should have resulted in a right of first refusal offer and remanded that portion of the lawsuit back to McHugh.

"We're very pleased with the court's ruling and looking forward to trying the case in front of the judge," said Dan Hoefle, chairman of the board of the foundation. He said the foundation, which was created in the wake of 1983 sale of the old Portsmouth Hospital and has spent almost $2 million in the lawsuit, had always "been optimistic" that it would eventually prevail.

HCA acting Chief Executive Officer Stuart Hemming said, "While we're disappointed in the court's decision, we'll be fully prepared for our trial date in September."

Hoefle said the foundation's optimism was due in part to McHugh's ruling, which said the trial will use the New Hampshire Supreme Court ruling as precedence."
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William Weygandt v. WECO Inc. - 08/24/09 Hearing
 
Hearing on motion for a protective order.

Underlying suit involves Gulfstream's purchase of Weco, Inc in 2003. They allege that at the time, the company was engaging in multiple violations of FAA regulations.
Network For Excellence in WA Schools v. State of Washington - 08/31/09 Trial
 
http://www.waschoolexcellence.org/whats_new/70

"The education funding lawsuit brought by the Network for Excellence in Washington Schools against the State is scheduled to go to trial on Monday, August 31, in King County Superior Court in Seattle. Judge John Erlick will preside over the trial, which is expected to last four to six weeks.

Attorneys for NEWS will argue at trial that the State is failing to live up to its constitutional mandate, which reads: “It is the paramount duty of the state to make ample provision for the education of all children residing within its borders...”

“The mandate is strong and it is clear. The State must put public education first, fund it amply and ensure that all students can succeed,” said NEWS President Mike Blair. “For decades, State lawmakers have danced around the problem of inadequate public school funding without solving it. The time for a stable funding system is now."
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Kroll v. Zolfaghari, et al - 08/31/09 Trial
 
Medical malpractice jury trial in case originally filed in 1996 being heard in Broward County's complex litigation division.

The case has seen multiple appeals, including one to the Florida Supreme Court.
Kalee Nelson v. GTL Dining, et al - 09/01/09 Trial
 
2-day bench trial seeking to force closure of the "Green Turtle" drinking establishment.
.......................... ..........................
CA Inc. v. Ingres Corp. - 09/03/09 Hearing
 
Post trial status conference
Robinson v. Tropicana Products, et al - 09/08/09 Trial
 
3 day automotive tort/personal injury jury trial.
.......................... ..........................
Thomas and Jennifer King v. James Greathouse - 09/08/09 Trial
 
3-day chiropractic malpractice jury trial.
Christiana Town Center v. NCC, et al. - 09/02/09 Oral Argument
 
Appeal in Delaware Supreme Court.
.......................... ..........................
Janowski v. Div. State Police - 09/02/09 Oral Argument
 
Appeal in Delaware Supreme Court.
Gunn v. US Bank National - 09/02/09 Oral Argument
 
Appeal in Delaware Supreme Court.
.......................... ..........................
Minna v. Energy Coal - 09/02/09 Oral Argument
 
Appeal in Delaware Supreme Court.
TSMC North America v. Semiconductor Manufacturing International - 09/08/09 Trial
 
Jury trial in Alameda Superior Court's complex litigation division.

Via SEC filings:

On August 25, 2006, TSMC filed a lawsuit against the Company and certain subsidiaries, namely SMIC (Shanghai), SMIC (Beijing) and SMIC (Americas) in the Superior Court of the State of California, County of Alameda for alleged breach of a settlement agreement, alleged breach of promissory notes and alleged trade secret misappropriation by the Company. TSMC seeks, among other things, damages, injunctive relief, attorneys' fees, and the acceleration of the remaining payments outstanding under that settlement agreement.

In the present litigation, TSMC alleges that the Company has incorporated TSMC trade secrets in the manufacture of the Company's 0.13 micron or smaller process products. TSMC further alleges that as a result of this claimed breach, TSMC's patent license is terminated and the covenant not to sue is no longer in effect with respect to the Company's larger process products. The Company has vigorously denied all allegations of misappropriation. The Court has made no finding that TSMC's claims are valid. The Court has set a trial date of September 8, 2009.
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Person v. Google, Inc. - 09/16/09 Oral Argument
 
SAN FRANCISCO: Via http://blog.ericgoldman.org/archives/2007/03/person_v_google_1.htm

"Carl Person is on a losing streak. First, he sought the Green Party nomination for New York Attorney General, but he lost that election in April 2006. Then, he sued Google for antitrust violations based on his frustrations trying to buy advertising. As I blogged about before, last October this lawsuit got soundly thumped for improper venue due to the mandatory venue clause in Google's AdWords contract. Finally, he sued New York for banning payment for petition signature collection and lost that lawsuit in October as well."
The Merrick Mint Inc. v. The Upper Deck - 09/16/09 Oral Argument
 
SAN FRANCISCO: Appeal re: marketing and manufacturing agreement for Lebron James commemorative novelty coins.
.......................... ..........................
Bojcic v. City of San Jose - 09/16/09 Oral Argument
 
SAN FRANCISCO: Appeal in civil rights case alleging an individual was banned from smoking outside a Starbucks, despite it being designated a smoking area.
Koninklijke Philips Electronics v. Liu - 09/16/09 Oral Argument
 
SAN FRANCISCO: Appeal in trademark case re: DVD technology.

http://www.kmwlaw.com/litigation/philips-trademark-enforcement/property-asset-freeze.html

Koninklijke Philips Electronics N.V., or Royal Philips, successfully protected its intellectual property rights by filing a lawsuit in the U.S. District Court for the District of Nevada against the defendants Shenzhen Kaixinda Electronics Co. Ltd., KXD Technology, Inc., Shenzhen KXD Multimedia Co. Ltd., KXD Digital Entertainment Ltd., Astar Electronics, Inc., and Jingyi "James" Luo, based on their unauthorized sale and distribution of DVD players bearing Royal Philips' DVD+ReWritable & Design trademark.
.......................... ..........................
Health Trio v. Immedient Corp. - 10/24/07 Oral Argument
 
MacDonald v. State of Delaware - 10/24/07 Oral Argument
 
.......................... ..........................
Leatherby v. Christian Care - 10/24/07 Oral Argument
 
Levan v. Independent Mall - 09/05/07 Oral Argument
 
.......................... ..........................
Quintero v. State of Delaware - 09/05/07 Oral Argument
 
Lesh v. Appriva Med. - 09/05/07 Oral Argument
 
.......................... ..........................
Berry v. Cardiology Consultants - 09/05/07 Oral Argument
 
Narragansett Housing v. Galindez - 09/05/07 Oral Argument
 
.......................... ..........................
Wright v. Moore - 03/28/07 Oral Argument
 
Wiebe and Fouser v. Canyon County - 09/21/09 Trial
 
According to the Olympian Newspaper, "On a broader basis, the lawsuit aims to determine whether the state spends enough money on public defenders so that indigent people accused of a crime can be fairly represented."

http://www.theolympian.com/northwest/story/896323.html
.......................... ..........................
State of South Carolina v. Eli Lilly & Company, Inc. - 09/14/09 Trial
 
3-4 week Zyprexa liability jury trial in suit brought brought by the South Carolina attorney general in state court.

Via Bloomberg: "Lilly continues to face lawsuits by Connecticut, Louisiana, Pennsylvania, South Carolina and seven other states alleging that the company withheld information about the side effects of Zyprexa, such as diabetes, and encouraged sales of the drug for unapproved purposes, including dementia and depression.

Doctors can prescribe medicines for any use. Drugmakers can’t promote those medicines for any use not approved by the U.S. Food and Drug Administration. The states are seeking damages and fines for violation of laws against deceptive practices and false claims.

Lilly is scheduled to begin trial Sept. 14 in South Carolina over that state’s Zyprexa lawsuit. The only trial of a state’s lawsuit ended in March 2008 with an out-of-court settlement in which Lilly agreed to pay Alaska $15 million."

http://www.bloomberg.com/apps/news?pid=20601202&sid=aNt8gRdnkNs8
In Re: Hanover Direct, Inc. Shareholder Litigation - 09/14/09 Trial
 
5 day bench trial.

Via AllBusiness.com: "Weehawken, N.J. � A pair of shareholders are battling in court over Hanover Direct's potential acquisition by its largest shareholder, hedge fund Chelsey Direct.

Private investor Glenn Freedman and L.I.S.T. Inc. have amended a prior complaint against the company in Delaware Chancery Court. They allege the 25 cents per share Chesley proposes to pay in the acquisition is inadequate. They further allege that the retailer's directors had conflicts of interest in approving the merger, and that Chelsey timed the proposed transaction opportunistically to disadvantage minority shareholders.

Hanover Direct's stock has been trading at around 30 cents."
.......................... ..........................
Swan v. State of Delaware - 06/19/07 Oral Argument
 
Spencer v. Wal-Mart - 05/02/07 Oral Argument
 
.......................... ..........................
Shea v. Matassa - 10/25/06 Oral Argument
 
Scarborough v. State of Delaware - 03/07/07 Oral Argument
 
.......................... ..........................
Godt v. Anthony's Pier 4, inc et al - 09/08/09 Trial
 
Jury trial in Boston's business litigation division.

From the Boston Business Journal: "A former Anthony's Pier 4 server is suing the waterfront restaurant, claiming he was improperly forced to give a portion of his tips to management.

The suit is one of more than 30 such cases handled by Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan PC, a Boston law firm that specializes in tips lawsuits against employers. The suits hinge on a Massachusetts law that states that all tips, gratuities and service charges go solely to service employees, waitstaff and bartenders. The
complaints, placed by servers who have work in restaurant and hotels, often revolve around private parties and banquets, where a common industry practice has been to levy a single service charge
that is ultimately split among servers and others, including managers,who helped either organize or run the party.

http://www.llrlaw.com/attorneys/shannon/Firm_seeks_class_action_tips_suit_against_Pier4%20-%20Boston%20Business%20Journal.pdf
Ralph v. Estep - 02/14/07 Oral Argument
 
.......................... ..........................
Asbestos Workers v. Brewster - 06/19/07 Oral Argument
 
Bennett v. State of Delaware - 05/02/07 Oral Argument
 
.......................... ..........................
Bryan et al v. Doar and Dieter - 06/25/07 Oral Argument
 
Cole v. State of Delaware - 06/25/07 Oral Argument
 
.......................... ..........................
Drake v. State of Delaware - 03/07/07 Oral Argument
 
Fisher v. McNutt - 10/25/06 Oral Argument
 
.......................... ..........................
Goode v. Bayhealth - 05/02/07 Oral Argument
 
Krahmer v. Christies, Inc. - 03/28/07 Oral Argument
 
.......................... ..........................
Lewicki v. New Castle County - 10/25/06 Oral Argument
 
Melvin Williams v. State of Delaware - 03/28/07 Oral Argument
 
.......................... ..........................
Moore v. Emeigh - 05/02/07 Oral Argument
 
Atlanta Oculoplastic Surgery v. Nestlehutt et al. - 09/15/09 Oral Argument
 
Oral argument before the Georgia Supreme Court appealing trial court decision to declare the state's cap on noneconomic damages (pain and suffering) in medical malpractice suits.
.......................... ..........................
Broughton v. Douglas County Board of Elections et al. - 09/15/09 Oral Argument
 
Appeal in Georgia Supreme Court.
Montgomery et al. v. Barrow et al. - 09/15/09 Oral Argument
 
Appeal in Georgia Supreme Court.
.......................... ..........................
Knox et al. v. Wilson et al - 09/15/09 Oral Argument
 
Appeal in Georgia Supreme Court.
Powell v. The State - 09/15/09 Oral Argument
 
Criminal appeal in Georgia Supreme Court.
.......................... ..........................
Quarterman v. Douglas County Board of Elections et al - 09/15/09 Oral Argument
 
Appeal in Georgia Supreme Court.
Broda v. Dziwura - 09/15/09 Oral Argument
 
Appeal in Georgia Supreme Court.
.......................... ..........................
Stepp v. The State - 09/15/09 Oral Argument
 
Criminal appeal in Georgia Supreme Court.
John Mauro v. Baby Guard Inc, et al - 09/14/09
 
5-day wrongful death jury trial. Baby Guard Inc manufactures child safety railings for outdoor swimming pools.
.......................... ..........................
Nordyke v. King - 09/24/09 Oral Argument
 
SAN FRANCISCO: En banc hearing in suit challenging local statute banning possession of firearms on county property.
USA v. State of Washington (Samish Tribe) - 09/22/09 Oral Argument
 
.......................... ..........................
In re: Zyprexa - 09/21/09 Hearing
 
Hearing on motion for summary judgment in suit brought by state of Louisiana as part of multi-district Zyprexa liability litigation.
eBay v. Craigslist - 12/07/09 Trial
 
eBay alleged that Craiglist directors unfairly diluted eBay's 28.4 percent minority shareholder stake in Craigslist and eliminated eBay's right to appoint a director. 
.......................... ..........................
USA v. Nevils - 09/22/09 Oral Argument
 
SAN FRANCISCO: En banc appeal in firearms and narcotics possession criminal case.
Charles Lord v. Walt Disney Co. - 09/21/09 Trial
 
5-day jury trial in negligence/injury suit with confirmed expert testimony expected.
.......................... ..........................
U.S. Global v. Progress Energy - 10/05/09 Trial
 
US Global LLC is a South Florida investment and development firm that funds companies and develops projects, primarily in energy.

Progress Energy is North Carolina-based, publicly traded Fortune 250 energy company.
Ovalia Resorts Inc. v. HSBC Securities - 09/17/09 Hearing
 
Hearing on motion to dismiss in New York Supreme Court's commercial litigation division in suit seeking to enforce funding obligations for a large-scale redevelopment project in regions of the Gulf Coast impacted by Hurricane Katrina.
.......................... ..........................
PPF Safeguard LLC v. BCR Safeguard Holding LLC - 09/18/09 Hearing
 
Hearing on insurer's motion to intervene in litigation related to liability for Hurricane Katrina damage.
In Re: Kitec Fitting Litigation - 09/28/09 Trial
 
Jury trial for remaining defendants who have not settled in the ongoing Kitec plumbing defect litigation.

From the Las Vegas Sun: "According to court records, Kitec fixtures corrode from a process called dezincification in which water removes zinc from brass fittings and turns it into silt that collects in the pipes. Over time, the accumulated zinc causes blockages that can potentially rupture water lines.

Kitec-maker IPEX agreed to pay $90 million but that settlement has been appealed by Sharp Plumbing to the state Supreme Court."

http://www.lasvegassun.com/news/2009/sep/09/judge-oks-more-settlements-class-action-faulty-plu/

http://www.plumbingdefect.com/lawsuit.html
.......................... ..........................
David Swindle Jr. v. IAP Worldwide Services, Inc. - 09/28/09 Hearing
 
Hearing on motion or summary judgment.

Plaintiff, the former president of IAP Worldwide (a company that provides aviation services for the State Dept and other federal gov't agencies) seeks advancement of legal fees incurred as part of an anti-trust investigation by the Justice Department.
Terence Hopkins v. Michael Osman, et al - 09/28/09 Trial
 
4-5 day jury trial in Wayne County Circuit Court (Detroit).

Via the Detroit Free Press: "A judge today said he was troubled by two secret payouts that totaled nearly $700,000 to two men who say they were victimized by two Detroit cops who face a slew of lawsuits over alleged illegal body cavity searches. However, Wayne County Circuit Judge Michael Sapala denied a bid to use the settlements as evidence by Attorney Marvin Barnett, whose client is headed to trial Sept. 28 in a lawsuit against the officers. Barnettï's client, Terence Hopkins, says the officers, Michael Osman and Michael Parish, conducted a body cavity search on him during a May 2006 traffic stop. The officers are the focus of eight lawsuits claiming such searches filed by 10 men in U.S. District and Wayne County Circuit courts in Detroit.
Additionally, two men, Byron Ogletree and Marjjo Clyburn, received payouts from the city of $349,000 each without ever filing a lawsuit.
Both of the $349,000 claim payments were authorized in March 2007 by former Deputy Corporation Counsel Brenda Braceful, whose law license since has been suspended on an unrelated matter. The men filed claims with the city, which don't have to be approved by City Council. City Councilwoman Sheila Cockrel has said the claims process is not supposed to be used for such large monetary settlements."

http://www.freep.com/article/20090911/NEWS01/90911016/1003/Cavity-search-payouts-inadmissible--judge-rules
.......................... ..........................
Commonwealth of KY, v. Watson Pharma, Inc, - 09/29/09 Trial
 
Medicaid wholesale pricing fraud suit brought by Kentucky's attorney general.

The case is one of many average wholesale pricing" (AWP) suits brought by states attorneys general accusing major drug manufacturers of overcharging Medicaid for various prescription medications.
Stowers v. Ohio Department of Agriculture - 10/08/09 Trial
 
Via Journal of Whole Food and Nutritional Health: "The long awaited trial on the lawsuit filed by Manna Storehouse, John and Jackie Stower against Lorain County and the Ohio Department of Agriculture will open October 8 and 9 at 8:30 am.

The Manna Storehouse (an organic food coop in LaGrange, Ohio) and their homeschool (with 10 children) were raided by a SWAT team in December and held in a room for six hours while the sheriff's team confiscated 60 boxes of food, computers, phones and business records. The raid was conducted with the Ohio Department of Agriculture and the Lorain Co. Department of Health.

The entire Manna Storehouse series can be accessed here, including stories, videos and interviews. This includes the expired search warrant, the sheriff's report and the formal complaint."
.......................... ..........................
Kevin Sorci v. Ford Motor Company, et al - 09/29/09 Trial
 
Automobile liability jury trial in Washoe County Circuit Court (Reno).
BAE Systems v. Lucent Technologies Inc et al - 10/13/09 Trial
 
Bench trial in Boston's business litigation division in suit originally filed in 2003 brought by the former lessee and sublessor of a large commercial property. Sublessors terminated their lease, and plaintiffs allege a multi-million dollar loss as a result.
.......................... ..........................
Bank of America NA v. Deloitte & Touche LLP - 10/13/09 Hearing
 
Hearing on a motion for summary judgment in Boston's business litigation division.

Bank of America is seeking to hold Deloitte accountable for advice in auditing opinion letters in this fraud/business tort action. Trial is scheduled for February, 2010.
Babyage.com, Inc. v. Jacob Weiss - 10/13/09 Trial
 
2-day bench trial. Suit is brought against the chairman of Babyage.com's board by other members alleging he purposely sabotaged attempts to secure new funding for the company so he could sell it, thus enriching himself in the process.
.......................... ..........................
Christian Chalita v. IMG Academies LLP, et al - 10/07/09 Trial
 
15 day medmal/negligence jury trial in suit brought by the family of a deceased child who collapsed and died of cardiac arrest at the Bollitieri Tennis Academy, one of many hybrid private schools/tennis training programs across the state of Florida.

His parents are suing the school, talent management agent International Management Group and medical personnel, claiming they failed to adequately monitor and treat an existing heart condition.

For more:
http://www.newsinferno.com/archives/844
In Re: Bank of America Shareholder's Derivative Litigation - 10/12/09 Hearing
 
Hearing on defendant's motion to dismiss in challenge to settlement in shareholder litigation regarding Bank of America's acquisition of Merill Lynch.
.......................... ..........................
King v. King- 10/12/09 Trial
 
Via NBC11 in Atlanta: "Dexter King lost two battles Monday in his nearly year old legal dispute with his sister and brother over the estate of their late father. Bernice and Martin Luther King the Third sued Dexter last year, claiming he's abused and misused money from the estate of Dr. Martin Luther King, Jr.

Bernice and Martin showed up in Fulton Superior Court for a day long hearing, but their brother, Dexter, was absent. His attorneys say he's still recuperating from a broken leg suffered in a California car accident two months ago.

Dexter's first defeat came when the lawyers for the estate which he manages tried to kick out the overflow crowd and news media. They wanted to close the hearing to keep many of the King family's financial records private.

But after an argument by a news media attorney, Judge Ural Glanville ruled that Georgia law required the hearing to be kept open."

http://www.11alive.com/news/local/story.aspx?storyid=135152&catid=3
CVN Archive Video Library - Monthly Subscription - Individual User
 
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Segal v. Fisk Ventures, LLC - 10/14/09 Oral Argument
 
DE Supreme Oral Argument
Heath v. State - 10/14/09 Oral Argument
 
DE Supreme Oral Argument.
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Alaska Electrical v. Lyons Homes - 10/14/09 Oral Argument
 
DE Supreme Oral Argument
Richard Jameson v. Taylor Vandervoort - 10/22/09 Trial
 
5 day auto negligence jury trial.
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Estate Of Robert Carter Evans, et al v. Gary Deshazo DO - 10/20/09 Trial
 
5 day medical malpractice jury trial.
AVX Corporation et al v. Cabot Corporation - 10/19/09 Trial
 
Jury trial in Boston's business litigation division.

The suit involves Cabot Corp's supplying AVX corp with tantalum powder, used in the production of electronic capacitors.
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Tozier v. City of Temple Terrace - 10/19/09 Trial
 
5 day bench trial in Tampa's business litigation division in zoning development plan dispute originally filed in 2003.
Nemec and Wittkemper v. Shrader - 10/21/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
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Moore v. State - 10/21/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
Rapposelli v. State Farm - 10/21/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
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Sloan v. Segal - 10/21/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
Baldonado, et al v. El Paso Natural Gas - 10/19/09 Trial
 
Via OverLawyered.com: "New Mexico: “A group of firefighters and rescue workers who responded to a pipeline explosion near Carlsbad that killed 12 people three years ago have filed a lawsuit against El Paso Natural Gas Company.” The lawsuit, filed on behalf of 24 firefighters and rescue workers, “says the plaintiffs suffered physical and emotional pain and were subjected to horrific traumatizing circumstances while fighting the fire and trying to help the victims.”
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Video Training Library - Individual User Subscriptions
 
Nouri v. Smart Online, Inc - 10/27/09 Hearing
 
10/27 hearing on motion to appoint receiver.

The corporation's by-law stated unambiguously that the corporation shall pay expenses incurred by a director, officer, employee, or agent in defending a proceeding in advance of the final disposition, which was a non-discretionary commitment.

The court concluded that the by-laws' requirement of an undertaking was met precisely as required by the defendant company, and that there was a sufficient nexis between the plaintiff's positions and the charged conduct.

According to the court, the defendant could have and should have drafted a by-law that required a secured bond, a letter of credit, or other reasonable affirmation of the ability to repay in the event that it were ultimately determined that the employee, officer, or director was not entitled to indemnification. The court stated that it is not a defense to advancement that the defendant believes indemnification will not ultimately be warranted.
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Barkman v. Adams - 10/26/09 Trial
 
Negligence jury trial involving collision between motorcycle and SUV. Five-day trial anticipated on liability issues, with damage claims to follow.

The SUV allegedly made a safe lane change then slowed for traffic, and the motorcycle clipped the right rear corner of the SUV as the bike was going down.

Liability issues included the negligence of the vehicle operators, the failure of the motorcyclists to wear helmets, and the alleged response impairment of the motorcycle operators, who were coming from Dales Ales, a biker bar.
iBasis, Inc v. Koninklije KPN NV, et al - 10/28/09 Hearing
 
Two-day expedited hearing on motion for preliminary injunction.

From an iBasis news release (Via PR Newswire): "iBasis, Inc. (NASDAQ: IBAS - News) today announced that on August 14, 2009 the Delaware Court of Chancery rejected Royal KPN N.V.'s (AMS: KPN and OTC: KKPNY.PK) (KPN) effort to stay iBasis' discovery in connection with the complaint filed by iBasis against KPN based on fraud and breach of KPN's fiduciary duties to iBasis and its minority stockholders. As previously announced, iBasis seeks in its complaint declaratory and injunctive relief to, among other things, stop KPN's grossly inadequate tender offer.

Delaware Court of Chancery Vice Chancellor Strine also rejected KPN's request that the Court hear on an expedited basis only KPN's legal arguments with respect to the stockholder rights plan implemented by the iBasis Board of Directors to protect the interests of iBasis' stockholders. Instead, the Vice Chancellor ruled that, after discovery for both sides, the Court will hold a hearing on October 8 and 9, 2009 on the issues both iBasis and KPN have before the Court, including iBasis' application to stop KPN's tender offer. This application arises from iBasis' claims of fraud and breach of fiduciary duty against KPN, other KPN entities and certain KPN-related individuals. The Court will also hear KPN's arguments regarding iBasis' stockholder rights plan."

http://finance.yahoo.com/news/Delaware-Court-of-Chancery-bw-593013564.html?x=0&.v=1
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Thomas v. Global Vision Products, Inc. - 10/29/09 Trial
 
Jury trial seeking to determine need for re-litigating certain claims in a suit alleging Global Vision Products deceptively marketed the hair re-growth treatment "Avacor."
Garcia v. Sun Pacific Farming Coop - 11/04/09 Oral Argument
 
SAN FRANCISCO: Appeal of district court's denial of plaintiff's motion for class certification in hourly page/wage and labor suit.
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Hoey v. Sony Electronics, Inc. - 11/04/09 Oral Argument
 
SAN FRANCISCO: Appeal of district court's granting defendant's motion to dismiss in suit alleging Sony misrepresented their warranty policy for Vaio notebook computers.
Anderson v. American Airlines, Inc. - 11/04/09 Oral Argument
 
SAN FRANCISCO: Appeal of district court's denying defendant's motion for new trial.
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Perry v. Campaign for California - 11/04/09 Oral Argument
 
SAN FRANCISCO: Oral arguments in litigation to overturn Proposition 8 (state referendum on gay marriage) - specifically the district court's denial of California Campaign for Family's motion to intervene.
Wesley T. O'Brien v. IAC/Interactive Corp. - 10/30/09 Hearing
 
Hearing on motion for summary judgment seeking to enforce indemnification protection for executive of a company acquired by IAC.
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Kuroda v. SPJS Holdings, et al - 10/29/09 Hearing
 
Oral argument on 3rd party defendant's motion to dismiss.

Via our friends at the the Delaware Litigation Blog: "The factual background involves an intricate web of overlapping entities. The central fact that is key to this dispute is that a few investment management professionals formed several entities for the primary purpose of investing in Japanese companies. The plaintiff was the main "point man" in Japan. Eventually, the plaintiff and the other members of the LLC had disagreements that caused the plaintiff to want to leave. This litigation started when the negotiations for an amicable departure were unsuccessful. Among the problems that gave rise to the suit included the alleged failure of the defendants to provide full payment that the plaintiff thought he was owed, and the issuance to the plaintiff of a K-1 purporting to assign him $10 million in income that he apparently did not receive."

http://www.delawarelitigation.com/2009/04/articles/chancery-court-updates/chancery-court-dismisses-sundry-claims-against-llc-members/
Olson v. Halvorson, Viking Global Finance - 10/28/09 Oral Argument
 
Post-trial oral arguments after Vice Chancellor Lamb ruled the statute of frauds applied to an LLC agreement.
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Zazove v. Cede v. Metromedia - 10/28/09 Oral Argument
 
5 day trial (two trials, concurrent). Plaintiffs (various hedge funds) seek appraisal of publicly held company's preferred stock and share value.
A.Blake v. State - 10/28/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
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Commonwealth of Kentucky v. GlaxoSmithKline - 11/03/09 Trial
 
Medicaid average wholesale pricing fraud trial.
Bryan Schmidt v. Cedar Fair, et al - 10/26/09 Trial
 
3 day jury trial.

Plaintiff was one of 27 passengers on "The Beast" roller coaster at the Kings Island amusement park that derailed in 2006. The first of many lawsuits filed recently concluded, with the plaintiff being awarded $75k in damages.

http://www.daytondailynews.com/news/crime/kings-island-trial-begins-thursday-346078.html
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Charles Joyce, et al v. Pepsico Inc, et al - 11/06/09 Hearing
 
Hearing on defendant's motion to vacate $1.26 billion default judgment entered on September 30, 2009.

Charles Joyce and James Voigt alleged that Pepsi stole their idea to sell bottled water.

Pepsico claimed that it was unaware of the lawsuit until after the judgment was entered, even though its distributors had made court appearances in previous months. The defendant also asserted that the statute of limitations had run on the lawsuit, because it was filed 15 years after Pepsi started selling Aquafina bottled water.
Mahyar Amirsaleh v. Board of Trade of the City of New York - 10/16/09 Trial
 
Via DealLawyers.com: "In Amirsaleh v. Board of Trade of The City of New York, the Delaware Chancery Court addressed claims by a member of the target that the parties to a merger agreement did not act in good faith in implementing the provisions of the merger agreement permitting members of the target to elect the form of consideration to be received in a merger."

http://www.deallawyers.com/Blog/2009/04/hlsp-holdings-v-fortune-management-coned-issues-are-alive-and-well-in-delaware.html
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Vianix Delaware LLC v. Nuance Communications, Inc. - 10/12/09 Trial
 
Via Speech Technology Magazine: "In court papers made public this week, Vianix, has filed suit against Nuance Communications, seeking up to $30 million in unpaid licensing fees related to the use of its Managed Audio Sound Compression (MASC) technology in Nuance’s Dictaphone product line.

According to court papers originally filed in Wilmington, Del., June 2, Virginia Beach, Va.-based Vianix began licensing the MASC audio compression software to Dictaphone in January 2003. Nuance acquired Dictaphone in March 2006 and continues its operations as the Dictaphone Healthcare Solutions division.

Vianix’s MASC technology is reportedly being used by Nuance's Dictaphone division in many of its dictation and transcription products, namely its Enterprise Express, Enterprise Workstation, EXSpeech, iChart, iChart Managed Services, Powerscribe, and Powerscribe Workstation SDK."

http://www.speechtechmag.com/Articles/News/News-Feature/Nuance-Sued-for-$30-Million-in-Fees-by-Vianix-49760.aspx
Roger Gonzalez v. Wendy's International, Inc. - 11/16/09 Trial
 
3 day negligence jury trial in Florida's 12th judicial circuit.
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iBasis, Inc v. Koninklije KPN NV, et al - 11/13/09 Hearing
 
From an iBasis news release (Via PR Newswire): "iBasis, Inc. (NASDAQ: IBAS - News) today announced that on August 14, 2009 the Delaware Court of Chancery rejected Royal KPN N.V.'s (AMS: KPN and OTC: KKPNY.PK) (KPN) effort to stay iBasis' discovery in connection with the complaint filed by iBasis against KPN based on fraud and breach of KPN's fiduciary duties to iBasis and its minority stockholders. As previously announced, iBasis seeks in its complaint declaratory and injunctive relief to, among other things, stop KPN's grossly inadequate tender offer.

Delaware Court of Chancery Vice Chancellor Strine also rejected KPN's request that the Court hear on an expedited basis only KPN's legal arguments with respect to the stockholder rights plan implemented by the iBasis Board of Directors to protect the interests of iBasis' stockholders. Instead, the Vice Chancellor ruled that, after discovery for both sides, the Court will hold a hearing on October 8 and 9, 2009 on the issues both iBasis and KPN have before the Court, including iBasis' application to stop KPN's tender offer. This application arises from iBasis' claims of fraud and breach of fiduciary duty against KPN, other KPN entities and certain KPN-related individuals. The Court will also hear KPN's arguments regarding iBasis' stockholder rights plan."

http://finance.yahoo.com/news/Delaware-Court-of-Chancery-bw-593013564.html?x=0&.v=1
Jesse Lee Ross v. Amtrak - 11/19/09 Trial
 
Torts/negligence/personal injury jury trial in Los Angeles Superior Court.
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Ralph Miller v. AW Chesterton Company, et al - 11/17/09 Trial
 
Asbestos liability jury trial in Los Angeles Superior Court.
Industry Analysts
 
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Williams v. Brown & Williamson Tobacco - 11/30/09 Trial
 
3-5 week tobacco liability jury trial.
Netologic, Inc. v. The Goldman Sachs Group et al - 11/19/09 Hearing
 
Netlogic has filed suit charging conspiracy, fraud, deceit, and corporate
espionage by Goldman Sachs for using a joint venture partnership to use
proprietary knowledge about Netlogic’s Investars analyst-ranking software and
business plans to develop its own wholely-owned and controlled software product.
The suit seeks injunctive relief and monetary damages, and was filed in the New
York State Supreme Court.
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Nalpas-Meyer v. Augustine Chriropractic Offices - 11/17/09 Trial
 
3-day chiropractic malpractice bench trial.
Leonard Brandt v. CNS Response, Inc, et al - 12/01/09 Trial
 
Via Business Wire: "Len Brandt announced that the Delaware Court of Chancery today granted Mr. Brandt a status quo order, which will remain in effect pending the Court's ultimate decision on the validity of the Special Meeting of Stockholders of CNS Response, Inc. held on September 4, 2009.

The status quo order, which was requested by Mr. Brandt, restrains CNS Response, Inc. from, among other things, concluding any additional debt or equity financings or further altering company bylaws. It also requires the company to notice Mr. Brandt with adequate time to object on other actions of significance including entering into contracts, making expenditures, or altering employment or consulting agreements. Mr. Brandt stated, "I am very pleased that the Court granted this status quo order.”

Because under the terms of the status quo order, Mr. Brandt and incumbent Directors will continue as the Board until the trial’s conclusion, the Annual Meeting (expected to be held tomorrow) will be of no effect until the trial is completed and only if the Court rules against the validity of the Special Meeting.

The Court also scheduled a two-day trial to commence on Tuesday, December 1, 2009. Following trial, the Court will rule on whether the Special Meeting was validly held. If the Court affirms the validity of the Special Meeting, William E. Bunney, Jr., M.D., William Murray, Mordechay Yekutiel, Andy Goren, David W. Mazepink and Mr. Brandt shall be directors of CNS Response, Inc., replacing five out of six of seven of the CNS directors who were in office prior to the Special Meeting. Len Brandt filed a lawsuit in the Delaware Court of Chancery to enforce the results of the stockholder vote because incumbent management at the Company has not accepted the validity of the Special Meeting. A majority of the incumbents of CNS Response object to affirming the results of the Special Meeting. "

http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_view&newsId=20090928006173&newsLang=en
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Gober v. Endo Pharmaceuticals, et al - 11/23/09 Hearing
 
Settlement hearing in class action litigation.

"On January 9, 2009, a purported stockholder of Indevus filed a complaint seeking certification of a class action lawsuit in the Court of Chancery of the State of Delaware, docketed as Gober v. Endo Pharmaceuticals, et al., C.A. No. 4276 (Del. Ch.) (the "Gober Action") against Endo, Merger Sub, Indevus and each of Indevus' directors. The Gober Action purports to be brought individually and on behalf of all public stockholders of Indevus. The Gober Action alleges that Indevus' director defendants breached their fiduciary duties to Indevus' stockholders in connection with the Offer and that each of the defendants aided and abetted such alleged breach of Indevus' director defendants' fiduciary duties. Based on these allegations, the Gober Action seeks, among other relief, declaring the action to be a class action, injunctive relief enjoining preliminarily and permanently the Offer, rescinding, to the extent already implemented, the Offer or any of the terms thereof or awarding rescissory damages, directing that the defendants account to plaintiff and other members of the purported class for all damages caused by them and account for all profits and any special benefits obtained as a result of breaches of their fiduciary duties to the purported stockholder and other members of the purported class, awarding plaintiff the costs of the Gober Action including a reasonable allowance for the expenses of plaintiffs' attorneys and experts and granting plaintiff and other members of the purported class such further relief as the court deems just and proper."
Smith v. John Parker, MD, et al - 11/30/09 Trial
 
7 day medical malpractice jury trial originally filed in 1998 related to OBGYN care, with references to expert testimony involving pediatric orthopedics.
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BB&T BOLI Plan Trust v. Massachusetts Mutual Life Ins. Co. - 11/20/09 Hearing
 
Hearing on motion to dismiss.

Via the NC Litigation Blog: "...alleged mismanagement of $55 million securities investment by BB&T, which BB&T claims was to be reallocated into less risky investments if the value fell below a certain amount. BB&T claims "despite knowing of the meltdown in the mortgage-backed securities market and that [the fund] was heavily investment in [mortgage backed securities] investments, [Defendant] failed to take timely steps to protect BB&T's premiums."

http://www.ncbusinesslitigationreport.com/tags/new-business-court-cases/
In Re: Direct TV, Inc. Shareholder Litigation - 11/25/09 Hearing
 
Settlement hearing.

Via the Andrews Delaware Corporate Litigation Reporter: "The lead plaintiff, the Key West Police & Fire Pension Fund, says the deal will unfairly enrich Liberty Media Chairman John Malone, who also is a director at DirecTV.

Liberty Media announced May 3 that it plans to spin off subsidiary Liberty Entertainment Inc. and merge it with DirecTV in a stock transaction. Malone's company currently holds a 54 percent stake in DirecTV.

According to the terms of the deal, DirecTV stockholders will receive one share of single-vote DirecTV class A common stock for each of their shares. Malone and his associated trusts will receive class B common stock, which carries 15 votes each.
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Universal Enterprise Group, LP v. Duncton Petroleum Corp - 11/30/09 Hearing
 
Motion hearing.
The suit seeks to rescind a $16,000,0000 Agreement of Sale for 19 Gas stations in Maryland and Delaware.
Louis Masucci v. Fibernet Telecom Group, Inc, - 11/25/09 Hearing
 
Settlement hearing.

"iberNet Telecom Group Inc. agreed to settle a shareholder lawsuit challenging the company's buyout by Zayo Group LLC by providing more information about the deal. FiberNet shareholder Louis Masucci accused the company in a June 19 lawsuit in Delaware Chancery Court of unfairly favoring Zayo's $11.45 a share offer over an offer of $12.50 a share from RCN Corp. RCN withdrew its proposal on July 9. "The parties believe the settlement is in the best interest of the parties and FiberNet stockholders," attorneys for both sides said in court papers. The accord, which requires a judge's approval, calls for attorneys' fees of as much as $227,500. New York-based FiberNet, with $58.2 million in sales last year, services the Los Angeles, Chicago, Miami and New York metropolitan areas. The company agreed to Zayo's cash offer on May 28. The agreement includes a breakup fees of as much as $3.72 million if the transaction fails, a provision that unfairly "locked-up" the deal, Masucci had said in his complaint. The deal is expected to close in the third quarter, FiberNet said."
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In re: ACS Shareholder Litigation - 01/21/10 Hearing
 
Shareholder class action to block merger between Xerox and Affiliated Computer Service (ACS).

The complaint alleges that the proposed merger allows ACS founder Darwin Deason, who is ACS's Chairman and largest (44%) stockholder, to retain hundreds of millions of dollars of value that rightfully belongs to ACS's public shareholders. The plaintiffs assert that Deason's consideration amounts to more than a 50% premium over what ACS's public stockholders would receive.

The ACS Board also allegedly breached its fiduciary duties by agreeing to a 3.5% termination fee and a no-solicitation provision, essentially blocking competing offers.
Wheeler v. Ford Motor Company - 11/30/09 Trial
 
Product liability jury trial based on allegedly defective rear seat occupant protection system of the 2002 Ford Explorer that left plaintiff a permanent, complete quadriplegic.

According to the plaintiff, a frontal vehicle collision occurred when a vehicle crossed the center line and struck the Explorer. Upon impact, the Explorer's rear seat allegedly broke and moved down and forward, and the restraint system, including the seat, belt, and surrounding surfaces, failed to prevent the plaintiff's head and neck from being driven down and forward into the front seat and/or center console, catastrophically injuring the plaintiff's spinal cord.
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In Re: Noven Pharmaceuticals - 12/08/09 Hearing
 
Settlement hearing.

Via Shareholdersfoundation.com: "An investor has filed a proposed securities class action lawsuit in the Delaware Chancery Court on behalf of current investors of Noven Pharmaceuticals, Inc (Public, NASDAQ:NOVN), who purchased the shares before July 14, 2009, over potential breaches of fiduciary duty and other violations of state law in connection with an alleged unfair takeover price.

According to the complaint the plaintiff alleges that, "the proposed transaction reflects a clear effort by Hisamitsu to takeover Noven at an unfair price”. The complaint further alleges that “Hisamitsu's offer consideration is only a 22 percent premium over the $13.48 closing price of Noven on the last trading day before the announcement of the Proposed Transaction”. Noven Pharmaceuticals, Inc. and Hisamitsu Pharmaceutical Co., Inc. announced on Tuesday, July 14, 2009, that they have entered into a definitive merger agreement pursuant to which Hisamitsu Pharmaceutical offered to acquire Noven Pharmaceutical for total cash consideration of approximately $428 million, or $16.50 per share, in an all-cash tender offer for 100% of the outstanding shares of Noven. The offer price represents a 22% premium to the closing price of Noven’s common stock (NASDAQ:NOVN) on July 13, 2009."

http://www.shareholdersfoundation.com/case/noven-pharmaceuticals-inc-investor-class-action-lawsuit-07202009
Sems Diversified Value, LP v. Emak Worldwide - 12/04/09 Hearing
 
Common shareholders attempt to redress an effort to thwart a consent solicitation by granting voting rights to preferred shareholders by marketing services provider EMAK Worldwide.

According to the complaint, EMAK's share price dropped from over $10 to less than $1 in less than four-and-a-half years, and its common stock was delisted and deregistered. Plaintiff Donald A. Kurz, a former Chief Executive Officer of EMAK, had led an effort to oust management. "Knowing that they could not hope to persuade outside common stockholders to support them," the complaint alleges, "EMAK’s board stuffed the ballot box."

The plaintiffs assert that the bulk of EMAK’s diminished enterprise value rested in its preferred stock, which carried a $25 million liquidation preference, but had no power to effect the election of a majority of the directors. However, one week after the initiation of the consent solicitation, EMAK’s Board granted the preferred stockholder new preferred stock that carried the new right to vote with the common stock, giving the preferred shareholder a 28% blocking position.

The plaintiffs assert that the board effected this transaction without proper analysis; that its purported justification for the exchange was a pretext; that the common shareholders received nothing in exchange for the dilution of their voting rights; and that the distributed materials failed to disclose a stealth poison pill.
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Milton Pfeiffer v. Bruce Toll, et al - 12/03/09 Hearing
 
Hearing on motion to dismiss.

The action challenges the composition of the board of directors at Toll Brothers, a construction company publicly traded on the NYSE.
In Re: Cox Radio Shareholders Litigation - 12/09/09 Hearing
 
Settlement hearing.

Via Bloomberg: "Cox Enterprises Inc., the communications and media company, agreed to settle an investor lawsuit filed six months ago challenging fairness of its offer to buy the outstanding shares of Cox Radio Inc.

Cox Radio stockholders sued in Delaware Chancery Court contending the proposed $3.80-a-share price was inadequate, and the 78 percent stakeholder ultimately agreed to raise the price to $4.80 a share. The buyout was completed in May.

“The efforts of plaintiffs’ counsel in the Delaware action were among the causal factors that led to the increased consideration,” Cox Enterprises lawyers said in settlement papers made public today in Wilmington."

http://www.bloomberg.com/apps/news?pid=conewsstory&tkr=CXR%3AUS&sid=aibOm22o7FTU
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OneScreen, Inc v. Hudgens, et al - 12/09/09 Hearing
 
Hearing on motion to dismiss.

"In this action, OneScreen seeks an Order of this Court (a) rescinding the transfer of 12.5 shares of Series A Preferred Stock of Vidshadow (the "Vidshadow Shares") by OneScreen's former CEO defendant Jordan D. Hudgens."

http://www.onescreen.com/investors
In re: Wind River Systems Inc. Shareholder Litigation - 12/08/09 Hearing
 
Settlement hearing.

Via Bloomberg: " Intel Corp.’s Wind River Systems unit settled lawsuits filed by investors seeking more money in the $884 million combination of the companies.

Santa Clara, California-based Intel, the world’s largest chipmaker, said in June it would buy Wind River of Alameda, California, for $11.50 a share. The transaction was completed in July.

Some stockholders sued, and agreed to settle actions in Delaware Chancery Court and Superior Court of California in Alameda County after the companies provided additional data about the buyout process, according to court papers filed yesterday in Wilmington."

http://www.bloomberg.com/apps/news?pid=conewsstory&tkr=INTC%3AUS&sid=aUGUBUrhYOY0
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Konke v. Mayer, et al - 12/07/09 Trial
 
4-day medical malpractice jury trial involving an improperly diagnosed spinal injury.
Chemplex Industries, Inc v. Premier Lab Supply, Inc - 12/07/09 Trial
 
5 day trade secrets jury trial. Via Law360.com: "A Florida appeals court has affirmed trade secret protections for Chemplex Industries Inc.'s one-of-a-kind spooling machine but reversed for the time being the permanent injunction the trial court imposed on Chemplex's competitor, Premier Lab Supply Inc. The appeals court backed the lower court, reasoning that the “very profitable” spooling machine, which is used to manufacture film for securing specimen sample cups, is a unique and specialized invention and therefore protected as a trade secret. A former employee of Chemplex allegedly stole the machine for several hours in order to copy the designs, which Premier eventually obtained."
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Cruz v. State - 12/16/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
Jackson v. State - 12/16/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
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Thompson v. Lynch - 12/16/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
Key Properties v. City of Milford - 12/16/09 Oral Argument
 
Oral Argument in Delaware Supreme Court
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Schuss v. Penfield Partners LP, et al - 12/15/09 Trial
 
4 day trial.

CVN previously recorded a hearing on plaintiff's motion for partial summary judgment. The Court denied the summary judgment motion, and suggested that the parties proceed to trial, because fact issues around the parties' course of dealings -- especially how the segregated assets were handled prior to distribution -- would inform the interpretation of an ambiguous contract.

Plaintiffs were limited partners in a hedge fund who withdrew from membership in the limited partnership and expected to receive a distribution equal to their liquidating share at the time they withdrew. Upon withdrawal, Plaintiffs requested that their distributions be in kind and ratable. Defendants made distributions that were in kind but not ratable and, due to a decline in value of the designated securities by the time of distribution, had a value significantly below that of the limited partners' capital accounts.

In a prior proceeding, the Court concluded that the withdrawing limited partners conceivably could prove they were entitled to assets whose aggregated value equaled their share of the fund at the time of retirement, as opposed to merely segregating in-kind assets equal to the value of the liquidating share of the withdrawing partners, which would still subject the retiring partners to the risk of changes in value prior to distribution.
Sully v. Ayers - 12/14/09 Oral Argument
 
SAN FRANCISCO: Oral argument in death penalty appeal.
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In Re: Ariad Pharmaceuticals - 02/22/10 Hearing
 
Hearing on motion to dismiss.

"The Complaint principally asserts that (1) Director Defendants Dr. Berger and Mr. LaMarche violated their fiduciary duties by disagreeing with the majority of other directors (the “Resigning Directors” and Dr. Lavidas) over the appropriate course for the Company to take in regard to acquiring the minority interest in ARIAD Gene Therapeutics, Inc. (“AGTI”) that it did not already own, (2) all of the Director Defendants breached their fiduciary duties by voting in favor of an administrative change that resulted in one of the Resigning Directors no longer having the title of “vice chairman,” and (3) Dr. Berger violated his duties by allegedly terminating the former in-house general counsel"
State of Hawaii v. Novartis Pharmaceuticals Corporation - 01/19/10 Trial
 
Medicaid Average Wholesale Pricing (AWP) Fraud case asserted by Hawaii against Novartis.

Hawaii's attorney general alleges that Novartis overcharged the state's Medicaid system for prescription drugs. The case is part of many "Average Wholesale Pricing" (AWP) suits brought by state Attorneys General across the country.

CVN has also webcast three prior Medicaid Average Whole Pricing Fraud cases:
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LAMPERS v. Steven Taub, et al. - 01/07/10 Hearing
 
This shareholder class action challenges the validity of Atmel's board of directors' extension of a poison pill that allegedly made the poison pill's triggers vague and unascertainable.

In October, 2008, ON Semiconductor Corp. (ONNN) and Microchip Technology Inc. offered to purchase Atmel (ATML) for $2.3 billion. Atmel rejected the offer and lowered the ownership percentage that would trigger its Poison Pill (shareholder rights agreement), and the takeover attempt was abandoned.

The shareholder class represented by the pension fund alleges that Amtel's board expanded the definition of "beneficial ownership" that might trigger the poison pill to include interests held pursuant to derivatives contracts, and defined "derivatives contracts" in a way that included so many potential arrangements that a potential acquirer would not be able to evaluate its own beneficial ownership and the board would not be able to determine when the poison pill had been triggered.
John McPadden v. i2 Technologies, et al - 01/04/10 Trial
 
4 day bench trial in a post-merger challenge to i2's sale of its wholly owned subsidiary Trade Services Corporation.

Plaintiff brought this action against i2's board of directors for breach of fiduciary duty, in addition to alleging unjust enrichment by Anthony Dubreville, president of TSC at the time of the sale.
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Alice Cook et al v. Saint Joseph's Health System, Inc et al - 01/04/10 Trial
 
Medical malpractice jury trial in Fulton County Superior Court (Atlanta).
Sandra Bischoff v. Wal-Mart Stores, Inc. - 01/19/10 Trial
 
5 day negligence jury trial.
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Brian Collicott, et al v. Whole Foods Market Group, et al - 01/15/10 Trial
 
Five people were killed and dozens injured when a bus carrying band members and chaperones slammed into the underside of an overturned Whole Foods semi-truck in the middle of I-94 near Osseo. The truck driver, Michael Kozlowski, driving a truck for Whole Foods Market Group, had fallen asleep and lost control, the National Transportation Safety Board ruled.

Via Chippewa Valley Newspapers: "The defendants in a key lawsuit stemming from the Oct. 16, 2005 Chi-Hi band bus crash finally got their way. Judge Frederick Henderson has granted a change of venue motion, and the first civil trial in the case is set to open Jan. 15 in Polk County.

Much could happen, however, that could delay the start of the trial that could determine each party’s share of the substantial damages in the multiple lawsuits that have arisen. This particular case is mostly on damages claimed by severely injured band teacher Brian Collicott, but a verdict could have a major effect on other cases.

Kozlowski was acquitted of negligent homicide and other state criminal charges in a jury trial the following spring.

The lawsuit filed by the family of one of the people killed, student teacher Branden Atherton, took center stage among the civil cases. In that case, Henderson made two key rulings against the defense. He refused to move the trial out of Chippewa County, and he allowed the jury to consider punitive damages against Whole Foods."

http://www.chippewa.com/articles/2009/12/13/news/doc4b23185f8a067677389327.prt
Andrew McCarrell v. LaRoche et al-Students Only- 01/11/10 Trial
 
Andrew McCarrell sued Hoffman-LaRoche and Roche Laboratories, which manufactured and distributed the prescription drug Accutane. McCarrell alleged that as a result of taking Accutane for an acne condition, he developed inflammatory bowel disease (IBD), which led to the surgical removal of his colon. The jury returned a $2.6M verdict.

View the original trial McCarrell v. Hoffman LaRoche Also available: the October 2008 trial, In re: Accutane.

The Superior Court's appellate division ruled that the defendants in the McCarrell trial should have been allowed to present the background statistics showing that there were five million Accutane users.

"With all due deference to the trial judge, whose overall studious and even-handed management of this complex case was exemplary, she erred in forbidding Roche from placing into evidence statistics about Accutane usage that could have made Roche's conduct and labeling decisions appear far more reasonable to the jury. For instance, the "five million users" statistic proffered by Dr. Huber could have given the jurors very relevant contextual background, and possibly led the jury to be more indulgent of Roche's delay in upgrading the risk information on Accutane's label and package insert."

The retrial is calendared to begin January 11, 2010. Request FREE VIDEO CLIPS of Opening Argument.

Accutane-Roche-Trial


Background Information from the Appellate Division's unpublished opinion:

Accutane is a prescription medication developed by Roche. It was approved by the Food and Drug Administration (FDA) in 1982 to treat recalcitrant nodular acne, a severe and disfiguring skin disease characterized by large, inflamed cystic lesions on the patient's face and back.

Although the exact mechanism of action for how Accutane works is unknown, Roche discovered that the drug was effective in suppressing the production of oil and waxy material produced in the sebaceous glands. Nodular acne is caused by the accumulation of sebum under the skin, which ultimately ruptures the follicle wall, forming an inflamed nodule. Accutane was found to be highly effective in treating nodular acne that has been recalcitrant to standard treatments.

Accutane is a teratogen, meaning that there is a high risk that if a woman takes the drug while pregnant, her child will be born with life-threatening birth defects. Additionally, common adverse effects from Accutane include dry skin, lips, and eyes, conjunctivitis, decreased night vision, muscle and joint aches, and elevated triglycerides.

Prior to receiving FDA approval for Accutane, Roche conducted several pre-clinical studies of the drug, using dogs. Those studies revealed instances of gastrointestinal bleeding in the treated dogs.
.......................... ..........................
CIM/H&H Retail v. Theater Project Consultants Inc, et al - 01/22/09 Trial
 
Jury trial in Los Angeles Superior Court's complex litigation division alleging that various design and construction professionals failed to build and design the Kodak Theater in sufficient compliance with the Americans with Disabilities Act.

http://www.kodaktheatre.com/
In Re: Cox Radio Shareholders Litigation - 01/19/10 Hearing
 
Settlement hearing.

Via Bloomberg: "Cox Enterprises Inc., the communications and media company, agreed to settle an investor lawsuit filed six months ago challenging fairness of its offer to buy the outstanding shares of Cox Radio Inc.

Cox Radio stockholders sued in Delaware Chancery Court contending the proposed $3.80-a-share price was inadequate, and the 78 percent stakeholder ultimately agreed to raise the price to $4.80 a share. The buyout was completed in May.
“The efforts of plaintiffs’ counsel in the Delaware action were among the causal factors that led to the increased consideration,” Cox Enterprises lawyers said in settlement papers made public today in Wilmington.

http://www.bloomberg.com/apps/news?pid=conewsstory&tkr=CXR%3AUS&sid=aibOm22o7FTU
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Rich v. Bingham, et al - 01/19/10 Trial
 
3 week asbestos liability jury trial in Broward County Circuit Court's complex litigation division.
W.L. Gore & Associates, Inc v. Darrell Long et al - 01/20/10 Hearing
 
Via GE's opposition to motion to compel: "The pending action, filed on February 20, 2009, is centered around Plaintiff's allegation that its former employee, Darrell Long (“Mr. Long”), engaged in activities in competition with Plaintiff in violation of two restrictive covenants
that Mr. Long entered into while employed by Plaintiff.[FN1] Mr. Long, who began employment with GE on June 30, 2008, has been employed at all times outside of the area in where he previously worked at Gore, which was in the area of industrial dry filtration. Gore waited nearly eight months to file this action, and as of today, one of the restrictive covenants has expired (“one year restrictive covenant”)."
.......................... ..........................
Lauren Alterman v. Zep Construction, et al - 02/01/10 Trial
 
4 week wrongful death auto negligence suit.
MCG Capital Corporation v. Robert A. Maginn, et al - 02/16/10 Hearing
 
Hearing on motion to dismiss in investor suit seeking to halt millions
of dollars in payment to Jenzabar executives.



http://www.mcgcapital.com/



http://www.jenzabar.com/
.......................... ..........................
Kuhnke v. Alfa Laval, Inc, et al - 02/15/10 Trial
 
Asbestos liability jury trial.
Ameristar Casinos v. Resorts Intl. Holdings - 2/19/10 Hearing
 
.......................... ..........................
Tessera, Inc. v. United Test and Assembly Center et al - 02/05/10 Trial
 
Via a Tessera press release: "Tessera Technologies, Inc. (Nasdaq:TSRA), a provider of transformational technologies that enable innovation in next-generation electronics, today announced it has filed a suit in the Superior Court of the State of California (Alameda County) alleging breach of contract and other claims against United Test and Assembly Center Ltd (UTAC), an independent provider of test and assembly services for a wide range of semiconductor devices, and its subsidiary, UTAC America, Inc.

"While UTAC has paid royalties to Tessera on certain of its DRAM products, we discovered through one of our scheduled audits it has not paid royalties on all products that are covered under its license agreement," said Henry R. "Hank" Nothhaft, president and chief executive officer, Tessera. "Efforts to negotiate a resolution have been unproductive, and we are now taking steps to enforce our contractual rights. This is the first audit where we found a licensee had not been paying royalties on such a broad range of covered products, and we believe it is a unique case."

Tessera is asserting, among other things, that UTAC and its subsidiary have failed to pay Tessera the full royalty due under its license agreement and failed to allow Tessera access to the information necessary to determine the total royalties owed. Tessera is also claiming that UTAC and its subsidiary have violated Tessera's rights as well as California unfair competition laws by, among other things, concealing material information relating to sales of royalty-bearing products from Tessera. Tessera is seeking past due royalty payments and other compensatory and punitive damages."
Air Products and Chemicals, Inc. v. Airgas, Inc., - 03/02/10 Hearing
 
Hearing on motion to prevent Cravath Swaine and Moore from further advising Air Products in it's bit to takeover Airgas.
.......................... ..........................
Cohen v. R.J. Reynolds Tobacco Company, et al - 03/01/10 Trial
 
4 week Engle progeny tobacco liability jury trial.
Firestone Tire Cases - 03/03/10 Trial
 
This consolidated product liability jury trial involves claims that defective Firestone tires, which experienced tread separation, caused already-unstable Ford Explorers to roll over.
.......................... ..........................
Brian Sogacio, et al v. Pardee Homes, et al - 03/29/10 Trial
 
Construction fraud jury trial in suit originally filed in 2006 in Los Angeles Superior Court's complex litigation division.
Nahid Acs, et al v. Wellpoint Health Networks, et al - 03/23/10 Trial
 
Jury trial in Los Angeles Superior Court's complex litigation division.

Plaintiffs allege Wellpoint Health Networks wrongfully terminated their healthcare policy, when they became ill by engaging in a practice known as "postclaims underwriting." This process involves terminating an existing policy based on information obtained after completing the application process. This can include what is referred to as a "pre-existing condition."
.......................... ..........................
Oxford Gardens Fremont Condominium v. CP Oxford Gardens LLC - 03/22/10 Trial
 
Jury trial in Alameda Superior Court's complex litigation division in condominium/construction defect related suit seeking damages of approx $7 million.
MPEG LA, LLC v. Alcatel LUCENT - 03/22/10 Trial
 
5 day bench trial.

Via CDRInfo.com: "MPEG LA, LLC announced that it has commenced an action against Alcatel Lucent for breach of contractual obligations as a Licensor in MPEG LA's MPEG-2 patent pool licensing program.

The suit also names Lucent Technologies, Inc. and Multimedia Patent Trust.

According to the complaint filed in the Court of Chancery for the State of Delaware, Alcatel promised to make available to Licensees through MPEG LA's MPEG-2 Patent Portfolio License all MPEG-2 essential patents which Alcatel can license or sublicense, and not take any action to subvert that commitment. But rather than abide by that promise, Alcatel and Lucent created the Trust to hold patents that Alcatel was and is required to place into the MPEG-2 License, and has taken the position that the essential MPEG-2 patents purportedly transferred to the Trust cannot be placed in the MPEG-2 License."

http://www.cdrinfo.com/Sections/News/Details.aspx?NewsId=21774
.......................... ..........................
Jan Grossman v. RJ Reynolds Tobacco Company, et al - 03/29/10 Trial
 
Engle progeny related tobacco liability jury trial.
Sharon Putney v. RJ Reynolds Tobacco Company - 03/30/10 Trial
 
Engle progeny tobacco liability jury trial.
.......................... ..........................
Rhoda Evans, et al v. A.W. Chesterton Company, et al - 03/22/10 Trial
 
Asbestos liability jury trial in Los Angeles Superior Court.
W.L. Gore & Associates, Inc v. Darrell Long et al - 03/30/30 Hearing
 
Hearing on motion to compel.

Via GE's opposition to motion to compel: "The pending action, filed on February 20, 2009, is centered around Plaintiff's allegation that its former employee, Darrell Long, engaged in activities in competition with Plaintiff in violation of two restrictive covenants that Mr. Long entered into while employed by Plaintiff. Mr. Long, who began employment with GE on June 30, 2008, has been employed at all times outside of the area in where he previously worked at Gore, which was in the area of industrial dry filtration. Gore waited nearly eight months to file this action, and as of today, one of the restrictive covenants has expired."
.......................... ..........................
Pope Investment LLC v. Benda Pharmaceutical, et al - 03/29/10 Hearing
 
Hearing on motion for injunction.

Via SEC 8-K reports: "On December 30, 2009, we were served with a Summons and Complaint filed by Pope Investments, LLC (“Pope”) in the Court of Chancery of the State of Delaware (the “Court”) against the Company and our officers and directors. Pope filed the Summons and Complaint as a judgment creditor and as a shareholder of the Company. Pope alleges that the assets and profits of our subsidiary company have been wrongfully diverted by our officers and directors and requests the appointment of a receiver to liquidate and wind down the business affairs of the Company. In connection with the filing of the Summons and Complaint, Pope has also filed a motion for a Preliminary Injunction Motion seeking to enjoin the Company and our officers and directors from taking any further actions to divert the corporate assets and profits of our subsidiary company and for expedited discovery proceedings. Pope further requests the imposition of a constructive trust, an accounting, damages for an alleged breach of fiduciary duty by the Company’s officers and directors, and attorney fees."

Read more: http://www.faqs.org/sec-filings/100112/Benda-Pharmaceutical-Inc_8-K/#ixzz0hhze9730
Wayne County v. Corti - 03/31/10 Oral Argument
 
On July 24, 2009, the Delaware Court of Chancery dismissed breach of fiduciary duty claims against former directors of Activision, Inc. (Activision) arising from the combination of Activision with Vivendi Games, Inc. (Games), a subsidiary of Vivendi, S.A. (Vivendi).
.......................... ..........................
D.Dixon v. State 03/31/10 Oral Argument
 
Appeal of Criminal Conviction in DE Supreme Court.
Holbrook v. Kurz, et al - 03/31/10 Oral Argument
 
Appeal in DE Supreme Court.
.......................... ..........................
Donald Kurz et al v. Emak Worldwide, Inc, et al 03/31/10 Oral Argument
 
Common shareholders attempt to redress an effort to thwart a consent solicitation by granting voting rights to preferred shareholders by marketing services provider EMAK Worldwide.
In re: ACS Shareholder Litigation - 04/05/10 Hearing
 
Hearing on motion for summary judgment.

The complaint alleges that the proposed merger allows ACS founder Darwin Deason, who is ACS's Chairman and largest (44%) stockholder, to retain hundreds of millions of dollars of value that rightfully belongs to ACS's public shareholders. The plaintiffs assert that Deason's consideration amounts to more than a 50% premium over what ACS's public stockholders would receive.

The ACS Board also allegedly breached its fiduciary duties by agreeing to a 3.5% termination fee and a no-solicitation provision, essentially blocking competing offers.
.......................... ..........................
KFC National Council v. KFC Corporation - 04/05/10 Hearing
 
Hearing on motion to compel.

Kentucky Friend Chicken, a Division of Yum! Brands, has been promoting its spicy grilled wings by supplying towns with new fire hydrants. The KFC National Council and Advertising Cooperative, Inc., which designs KFC's marketing programs, claims that KFC is promoting grilled chicken instead of fried chicken.

Store sales are down. The franchisees want more money spent on advertising the original recipe, and they seek a declaration that the National Council gets to decide.

http://www.bloomberg.com/apps/news?pid=20601110&sid=aSdmFt_zBMrE
ACF Recent Graduates Special Promotions
 
.......................... ..........................
Jimmie Willis v. RJ Reynolds Tobacco Company, et al 04/12/10 Trial
 
Jury trial in Engle progeny tobacco liability suit.
Michael Elihu, et. al., v. Toshiba America Information Sys. - 04/05/10 Hearing
 
Defendant Toshiba sold 40 model notebooks (4 series, A75, A70, M35X and M30X) with a design defect - failing to ground the speaker and touch pad wires - resulting in an electrostatic discharge defect to at least 900,000 consumers. The case was filed in February 2005.
.......................... ..........................
Chanin et al v. Desert Shadow Endoscopy Center LLC, et al - 04/12/10 Trial
 
Unsafe injection practices may have caused hundreds of Hepatitis infections in Nevada.

The first lawsuit, Chanin v. Desert Shadow Endoscopy, goes to trial on April 12, 2010, and the plaintiff is blaming the pharmaceutical companies that manufactured (Teva) and supplied (Baxter) the anesthetic Propofol, the improper administration of which may have spread hepatitis C.

According to the plaintiff, the drug was provided in "jumbo-sized" vials that were defective because they encouraged multi-dosing, rather than using a single vial for each patient. According to Baxter, the drugs were clearly labeled for single-use.
Peter Knoch v. Safeway, Inc. - 04/27/10 Trial
 
Class action jury trial in Los Angeles Superior Court's complex
litigation division for unpaid overtime wages for an Assistant Store
Manager who allegedly was misclassified as exempt.  According to the
plaintiff tasks that Safeway characterized as managerial were
insufficient to establish exempt status under California law.



The defendant asserted that store managers and assistant managers were
responsible for all aspects of the store's operations and profitability,
and that the plaintiff was mostly managing.
.......................... ..........................
Tamara Vance, et al v. Kravetz Realty Group, LLC et al - 04/19/10 Trial
 
Jury trial in Miami's complex business litigation division. Case is a
derivative action related to a complex real estate transaction. 



Kravetz Realty Group is based in New York City.
Wavedivision Holdings LLC et al v. Millennium Digital et al - 04/19/10 Trial
 
"Peter B. Ladig and Scott G. Wilcox are representing Trimaran Capital Partners, LLC, a defendant in an action brought in Superior Court of the State of Delaware arising out of an attempted purchase of Millenium Digital Media Systems, LLC (“Millenium”). The defendants are alleged to have tortiously interfered with plaintiffs’ contract to acquire the assets of Millenium."
http://www.bayardfirm.com/more-corporate-litigation.htm
.......................... ..........................
Ad-Venture Capital Partners L.P., v. ISN Software Corporation - 04/27/10 Trial
 
1 day trial. 

Via PR Newswire: "PRNewswire/ -- Ad-Venture Capital Management, LLC announced today that Ad-Venture Capital Partners, LP has filed an action in Delaware Chancery Court to compel Dallas, Texas based ISN Software Corporation, to hold a stockholders meeting.

"On July 24, 2008 Ad-Venture Capital Partners, LP formally requested that ISN convene a stockholders meeting," said Brian F. Addy, President of Ad-Venture Capital Management, LLC. "ISN has not responded to that request. Stockholders have a right to call for a stockholders meeting under the By-Laws of the Company, as well asDelaware law, and we have proposed an agenda. We encourage all stockholders to attend, and hope that all option holders will exercise their right to acquire at least one share, which would enable them to participate as well."

http://newsblaze.com/story/2008091014330300003.pnw/topstory.html
NKS Distributors Inc. v. Christopher J. Tigani - 04/26/10 Trial
 
10 day bench trial involving trust dispute re: control of NKS Distributors.

http://www.nksdistributors.com/html/aboutus.html
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Paul Ansfield v. Zenith National Insurance Company, et al - 04/22/10 Hearing
 
Expedited hearing on motion for injunction.

Via Law360.com: "Shareholders of Zenith National Insurance Corp. have lodged a putative class action against the company and its directors, saying a proposed $1.4 billion acquisition by Fairfax Financial Holdings Ltd. would shortchange them."

http://insurance.law360.com/registrations/user_registration?article_id=154119&concurrency_check=false
Baker v. A.W. Chesterton Company, et al - 05/03/10 Trial
 
Asbestos liability jury trial in Alameda Superior Court's complex litigation division. Plaintiff alleges he was exposed to asbestos working in naval shipyards over a number of decades.
.......................... ..........................
Buonomo v. RJ Reynolds Tobaccco Company, et al 04/30/10 Trial
 
Engle progeny tobacco liability jury trial.
Allen, et al v. Liberty Mutual Fire Insurance Company 05/03/10 Trial
 
3 day bench trial re: insurance liability for claims resulting from an automobile accident.

http://www.libertymutual.com/
.......................... ..........................
Boyd, et al. v. Lincoln Electric Co, et al., - 09/20/10 Trial
 
Bellwether trial in consolidated welding rod product liability litigation.
SWINC Consolidated Estate et al v. Lloyds Underwriters et al - 05/03/10 Trial
 
6 day jury trial in Boston's business litigation division in suit originally filed in 2005.
.......................... ..........................
John D. Pender v. Sprinkman, et al - 05/03/10 Trial
 
Asbestos liability jury trial
Boca Airport, Inc., v. Proskauer Rose LLP - 05/06/10 Trial
 
4 week legal malpractice jury trial.
.......................... ..........................
Carlos Espinoza v. Cooper Tire and Rubber Company, et al - 05/10/10 Trial
 
4-week product liability jury trial in suit originally filed in 2005. Ford Motor Company is also listed as a defendant.
William Mark Casey v. Gregory Feldman MD, et al - 05/10/2010 Trial
 
Medical malpractice jury trial originally filed in 2006.
.......................... ..........................
Barkman v. Adams - 04/10/10 Trial
 
Negligence jury trial involving collision between motorcycle and SUV. Five-day trial anticipated on liability issues, with damage claims to follow.

The plaintiff alleged that the SUV made a sudden, unsafe lane change without signaling, and then abruptly applied the brakes in anticipation of a right turn, and that the SUV driver never saw the motorcycle. According to the plaintiff, the motorcycle immediately braked, and skidded 57 feet then clipped the right-rear corner of the SUV, ejecting the motorcycle passengers into the street.

The defendant claimed that the SUV was properly in her lane, slowed for traffic, was not attempting a right turn, and did not cause or contribute to the accident. Instead, according to the defendant, the motorcycle failed to brake in time because the motorcyclist had a perception reaction time delayed by 85% compared to typical drivers.
KFC National Council v. KFC Corporation - 05/11/10 Hearing
 
5/11/10 motion hearing on discovery issues. CVN covered a previous motion hearing in this case.

Kentucky Friend Chicken, a Division of Yum! Brands, has been promoting its spicy grilled wings by supplying towns with new fire hydrants. The KFC National Council and Advertising Cooperative, Inc., which designs KFC's marketing programs, claims that KFC is promoting grilled chicken instead of fried chicken.

Store sales are down. The franchisees want more money spent on advertising the original recipe, and they seek a declaration that the National Council gets to decide.

http://www.bloomberg.com/apps/news?pid=20601110&sid=aSdmFt_zBMrE
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Margaret Showalter v. Special Olympics Florida, Inc, et al - 05/17/10 Trial
 
3 week jury trial.

This is a re-trial on negligence claims after a jury previously awarded plaintiffs, two developmentally disabled adults, approximately $1 million in damages after being allegedly molested by a Special Olympics employee at a bowling competition.

A Florida appeals court ordered a new trial due to failure to instruct the jury regarding the nature and scope of the event organizer's purported duty to protect athletes.
Jose Adolfo Tellez et al v. Dole Food Company Inc et al - 05/10/10 Hearing
 
The plaintiffs were Nicaraguan banana plantation workers who allegedly were exposed to dangerous levels of the pesticide 1,2-dibromo-3-chloropropane ("DBCP") by dermal contact, inhalation, and by drinking water contaminated with DBCP. As a result , the plaintiffs allegedly suffered testicular damage and sterility.

According to the plaintiff, Dow Chemical warned Dole, more than a decade before the plaintiffs were exposed, that DBCP caused reproductive harm at five parts per million, and Dole knew that Dow had called for exposure levels below 1 ppm (although Dow allegedly had not in fact tested to a nil effect level).

Nonetheless, the plaintiffs said, the workers were exposed to levels that Dow had indicated were dangerous, and that Dole knew would cause harm. The banana plantation workers allegedly walked into sprayed areas and and became wet with DBCP spray. The workers also attempted to work in, and they breathed DBCP vapors from, sprayed areas. Finally, night time breezes allegedly blew DBCP spray vapor to where the workers were sleeping, and they would inhale these vapors. Dole allegedly failed to test their workers for DBCP exposure or sterility, and continued to use DBCP from 1973-1980.

The defense argued that Dole believed that DBCP could be safely used, and that DBCP was in fact safely used (plaintiffs were not exposed to harmful levels of BCP), that DBCP use was warranted to combat nematodes, and that DBCP exposure did not cause the plaintiffs' sterility or low sperm count.
.......................... ..........................
In Re: John Q. Hammons Hotels Inc Shareholder Litigation - 06/08/10 Trial
 
3 day appraisal action. 

"This dispute arose out of the merger involving John Q. Hammons Hotels (“JQH”) pursuant to which the holders of Class A common stock received $24 per share in cash. Plaintiffs’ alleged that: (i) the controlling shareholder breached his fiduciary duty by negotiating benefits for himself that the minority stockholders did not receive; (ii) the directors breached their fiduciary duties by permitting a deficient process and subsequent approval of the merger; (iii) the acquisition vehicle aided and abetted the breaches of fiduciary duties: and (iv) the company’s proxy statement contained misstatements and omissions regarding the activities of the special committee process and certain conflicts with the company’s financial advisors."

http://www.delawarelitigation.com/2009/10/articles/chancery-court-updates/court-of-chancery-addresses-application-of-entire-fairness-and-business-judgment-review-of-merger-involving-a-controlling-stockholder-and-a-thirdparty-buyer/
In Re: Pinnacle Gas Resources, Inc. Shareholders Litigation - 05/26/10 Hearing
 
Injunction hearing in suit brought by shareholders seeking to block acquisition of Pinnacle Gas Resources, Inc. by Scotia Waterous (USA) Inc.
.......................... ..........................
Krysyna Serrano v. Cleveland Clinic Florida Hospital 6/01/10 Trial
 
2 week medical malpractice jury trial in Broward County Circuit Court's
complex litigation division.
Remedios Halili v. Davita, Inc. - 06/09/10 Trial
 
Jury trial in Sacramento Superior Court's complex litigation division in suit alleging wrongful termination. Davita is a Fortune 500 company.

http://www.davita.com/about/
.......................... ..........................
Robert Boyd v. Westech Industries Inc - 05/24/10 Trial
 
Bench trial in Sacramento Superior Court's complex litigation division.

Plaintiffs allege they were not paid for overtime hours worked in violation of California state law.
Ryan M. Lampe v. Allstate Insurance Company, et al - 06/07/10 Trial
 
3 week jury trial. 

A high school wrestler was seriously injured practicing with another wrestling team - the case has all ready gone up on appeal on the issue of insurance coverage for the coach.
.......................... ..........................
City of Santee v. City of San Diego - 05/25/10 Trial
 
3 day trial.

"As attorneys from the cities of San Diego and Santee prepare to go to trial next month over the expansion of the Sycamore Landfill, the dumps operator is moving ahead to get permits needed for the work....

"A lawsuit Santee filed against San Diego in 2008 challenging the expansion is set to go to trial May 25. Santee contends that San Diego officials should have analyzed the project's environmental effects more thoroughly and that they approved a height limit that had not been properly reviewed."

http://www.signonsandiego.com/news/2010/apr/26/landfill-owner-taking-steps-to-secure-expansion/
In Re: CNX Gas Corporation Shareholders Litigation - 05/24/10 Hearing
 
http://www.globenewswire.com/newsroom/news.html?d=187791
.......................... ..........................
The General Electric Company v. David Lines, et al - 06/01/10 Trial
 
"Plaintiff General Electric (“GE”) filed this action against the defendant joint liquidators of Electric Mutual Liability Insurance Company, Limited, formerly known as Electric Mutual Liability Insurance Company (“EMLICO”), alleging breach of contract from EMLICO’s refusal to defend and indemnify GE with respect to liability for environmental contamination at 103 sites located in 32 states and Puerto Rico"

http://www.socialaw.com/slip.htm?cid=19327&sid=121
In Re: Tobacco Litigation - 06/01/10 Trial
 
2 month jury trial.

Jury trial in suit involving approximately 750 combined tobacco liability claims. The case is, however, not technically a class action proceeding.
.......................... ..........................
Happy State Bank v. Desert Springs Community Corp, et al - 06/07/10 Trial
 
7-8 day jury trial in Las Vegas' business/complex litigation division in suit originally filed in 2006.
North Ave. Corp et al v. Wakefield Quannapowitt Corp et al - 06/07/10 Trial
 
Jury trial in the Superior Court of Suffolk's (Boston) business litigation division.
.......................... ..........................
Robert Satterwhite, et al v. Coleman-Toll - 06/01/10 Trial
 
Construction fraud jury trial in Washoe County Circuit Court.
Seifart, et. al. v. Knaus Gips K G et. al., - 06/07/10 Trial
 
1 of 3 potential bellwether jury trials in Florida related to claims involving allegedly defective Chinese drywall materials.
.......................... ..........................
Brett Coleman v. Robert Michael Hellams, MD et al -06/07/10 Trial
 
Accutane products liability trial.
Falco v Hoffman La Roche - 06/07/10 Trial
 
Accutane products liability trial
.......................... ..........................
NACCO Industries Inc, et al v. Applica Inc, et al - 06/04/10 Hearing
 
Hearing on motion to dismiss. CVN recorded an earlier motion hearing in this matter.

The household appliance company Applica put itself up for sale. Harbinger, a New York hedge fund, then acquired more than 30% of Applica.

The following month, Applica and NACCO Industries, which owned the Hamilton Beach appliance company, announced a merger agreement involving Applica and NACCO's Hamilton Beach unit. However, Harbinger subsequently submitted a competing offer, and bidding contest ensued. NACCO ended up as the losing bidder.

NACCO asserted common law fraud claims against Harbinger and Applica based on statements in SEC filings.

The hearing considered whether a state law fraud claim could be based on statements in a publicly available federal securities filing, and whether Harbinger's investment intentions were misrepresented.

The motions were argued by D. Mark Cave of Paul Weiss, for the defendant, and Philip Le B. Douglas of Jones Day, for the plaintiff.
Field Motorcars v. Carlos Kirrigin-Villena, et al - 06/07/10 Trial
 
10 day breach of contract jury trial in Orlando's business litigation division. http://www.fieldsauto.com/index.htm
.......................... ..........................
Anderson Builders Inc v. Arcs Construction Services Inc - 06/21/10 Trial
 
4 week breach of contract jury trial.
KFC National Council v. KFC Corporation - 06/14/10 Hearing
 
Kentucky Friend Chicken, a Division of Yum! Brands, has been promoting its spicy grilled wings by supplying towns with new fire hydrants. The KFC National Council and Advertising Cooperative, Inc., which designs KFC's marketing programs, claims that KFC is promoting grilled chicken instead of fried chicken. Store sales are down. The franchisees want more money spent on advertising the original recipe, and they seek a declaration that the National Council gets to decide. http://www.bloomberg.com/apps/news?pid=20601110&sid=aSdmFt_zBMrE
.......................... ..........................
Sweitzer v.Emergency Room Associates - 06/15/10 Trial
 
From the Arizona Daily Star: "A woman's lawsuit against St. Mary's Hospital over her husband's death, which occurred after an eight-hour wait in the emergency room, is set for trial next year. In Pima County Superior Court, Judge John F. Kelly has set Sept. 22 as the date for a jury to hear Rachel Sweitzer's case. http://www.azstarnet.com/metro/269606
New Jersey Carpenters Pension Fund v. Infogroup, Inc., et al - 6/24/10 Hearing
 
Hearing on motion for an injunction to block acquisition of Infogroup by
CCMP.



http://dealbook.blogs.nytimes.com/2010/03/08/ccmp-capital-to-buy-infogroup-for-460-million/
.......................... ..........................
Robert John Battistello v. The Tilted Kilt of Arizona LLC et al - 06/22/10 Trial
 
Jury trial in suit filed in 2007 alleging The Tilted Kilt, a pub chain,
was negligent in serving alcohol to an obviously intoxicated patron who
later caused a traffic accident.
Mecozzi vs. City of Los Angeles, LAPD - 06/17/10 Trial
 
http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_view&newsId=20100604005165&newsLang=en
.......................... ..........................
Mass. Mutual Life, et al v. Lloyd's of London, et al - 06/22/10 Hearing
 
Hearing on motion to dismiss. 

Via Bloomberg: " Aug. 10 (Bloomberg) -- Tremont Group Holdings Inc. and other feeder funds to Bernard Madoff’s defunct investment advisory business sued insurers including a CNA Financial Corp. unit for failing to cover Madoff-related litigation.

Tremont, a fund of funds based in Rye, New York, that had about $3.3 billion invested with Madoff, an affiliate of OppenheimerFunds Inc., is a unit of MassMutual Financial Group. Investors have filed more than 18 lawsuits against MassMutual seeking to recoup Madoff-related losses.

Liability insurers for MassMutual’s directors and officers, and its primary fidelity bond insurers, have ignored repeated requests to pay defense costs, lawyers for MassMutual and the funds said in a complaint filed today in Delaware Chancery Court. MassMutual seeks a court order declaring that Madoff’s theft, the biggest Ponzi scheme in U.S. history, resulted in multiple losses that are covered under its insurance policies."

http://www.bloomberg.com/apps/news?pid=20601203&sid=aOVC9pavdB28
Case Financial. et al v. Eric Alden, et al - 06/22/10 Trial
 
4 day bench trial in bifurcated shareholder derivative action brought by Canadian Commercial Workers Pension Plan against former and current directors of Case Financial alleging breach of fiduciary duty.
.......................... ..........................
Sarasota Citizens for Resp. Gov. v. Cty of Sarasota, et al - 06/28/10 Trial
 
"A lawsuit challenging a deal to bring the Orioles to Sarasota will go to trial.  Sarasota Citizens for Responsible Government is suing both Sarasota County and the city of Sarasota for how they claim the governments handled the negotiations with the Orioles.

Judge Robert Bennett heard the latest Wednesday, ultimately setting the date for trial on June 28th, 2010."

http://www.mysuncoast.com/Global/story.asp?S=12272520&nav=menu577_1
Ellen Tate v. RJ Reynolds Tobacco Company, et al - 06/28/10 Trial
 
Engle progeny tobacco liability jury trial.
.......................... ..........................
Amy Pierre, et al v. Dennis Cox - 06/21/10 Trial
 
Jury trial in Alameda Superior Court's complex litigation division.

The plaintiffs are multiple long-time tenants in an apartment complex, where they pay rent substantially below market value. They allege that after taking over management responsibilities for the building in 2007, Dennis Cox engaged in an intimidation campaign to effectively evict them from the building in favor of wealthier tenants.

The plaintiffs allege this included termination of heat and hot water service without notice, failure to perform regular maintenance and verbal harassment, which some tenants claim exacerbated various health conditions.
Michael Judy v. Preferred Communcation Systems, Inc. - 07/06/10 Trial
 
3 day bench trial in suit seeking to allow inspection of books and records.
.......................... ..........................
Frechette v. Bombardier Recreational Products Inc., et al - 06/28/10 Trial
 
10 day products liability jury trial related to a watercraft accident.
Pilot Point Owners Association v. Harry Bonk - 06/28/10 Trial
 
1 day bench trial in real property dispute.
.......................... ..........................
Patricia Scheer v. Ford Motor Co., Lincoln Mercury Inc., et al - 07/07/10 Trial
 
Jury trial in Clark County Circuit Court's complex litigation division in
products liability suit originally filed in 2005.
Selectica v. Versata Enterprises - 07/07/10 Oral Argument
 
Sample video from 4/27/09 proceedings: <a href="http://mslcc.courtroomconnect.net/mslCC/Viewer/?peid=45dc47e117694a84a5067ca6ead6c581">View
a Demo Clip</a>
.......................... ..........................
Margaret E. Piendle v. RJ Reynolds Tobacco Company, et al - 07/06/10 Trial
 
Jury trial in Engle progeny tobacco liability suit.
Yucaipa, et al v. Barnes & Noble, et al - 07/08/10 Trial
 
4 day bench trial. 

Via Bloomberg: " May 6 (Bloomberg) -- Ron Burkle’s Yucaipa Cos. sued Barnes & Noble Inc., demanding a change to the bookseller’s so-called poison-pill defense and accusing Chairman Leonard Riggio’s family of using the retailer as a “personal piggy bank.”

Under the defense, adopted in November, Barnes & Noble can issue rights for additional shares if any outside investor accumulates 20 percent or more of the stock. The provision is also triggered if parties who together own 20 percent or more of the stock act in concert to nominate directors, according to the complaint, filed yesterday in the Chancery Court in Wilmington, Delaware."

http://www.businessweek.com/news/2010-05-06/burkle-s-yucaipa-sues-barnes-noble-over-poison-pill-update1-.html
.......................... ..........................
Segal v. Fisk Ventures, LLC - 07/07/10 Oral Argument
 
Appeal to Delaware Supreme Court.
Lambrecht, et al. v. O'Neal, et al - 07/07/10 Oral Argument
 
Appeal to Delaware Supreme Court.
.......................... ..........................
ParkCentral v. Brown Invest. - 07/07/10 Oral Argument
 
Appeal to Delaware Supreme Court.
Donald Rosenberg v. The Musical Arts Association, et al - 07/12/10 Trial
 
Via the New York Times: "A classical music critic who was removed from his post at The Cleveland Plain Dealer after a history of negative reviews of the Cleveland Orchestra’s music director struck back on Thursday with a lawsuit. 

The critic, Donald Rosenberg, charged that orchestra officials had waged a “campaign of vilification” against him and that his bosses at the newspaper had caved in to demands that he be ousted."

http://www.nytimes.com/2008/12/12/business/media/12plain.html
.......................... ..........................
Warrick v. R.J. Reynolds, et al. - 07/12/10 Trial
 
Engle progeny tobacco liability jury trial.
Alameda Materials, Inc., et al v. Capital Title Agency, Inc. - 07/30/10 Trial
 
Jury trial in property insurance/real estate financing related suit originally filed in 2005.
.......................... ..........................
Clay M. Greene, et al v. County of Sonoma, et al - 07/27/10 Trial
 
The plaintiffs in Greene v. Sonoma County allege that a California county violated the civil rights of two elderly gay partners, Clay Greene and Harold Scull, when it placed Greene in a nursing home, Scull in a hospital, prevented Greene from seeing Scull, and auctioned almost $500K worth of personal property from the home that the two men had shared. Scull died in the hospital a few months later.

According to Sonoma County, however, hospital employees saw bruises on Scull's arms and face, and suspected elder abuse. The County claims that it was protecting Scull from Greene's physical abuse, and that Scull did not wish to return to the two men's shared home.
The Gillette Company v. OneBeacon Insurance Company et al - 07/19/10 Trial
 
Gillette v. OneBeacon is an insurance liability case involving environmental remediation costs and defense costs associated with groundwater contamination resulting from the release of solvents at a former Gillette manufacturing facility in Santa Monica, California.

Gillette claims that defendant insurers OneBeacon Insurance, SPARTA Insurance, and Northern Assurance, must defend and pay environmental claims pursuant to primary comprehensive general liability, umbrella, and excess liability policies.

In the underlying claim, the California Regional Water Quality Control Board (CRWQCB) and the City of Santa Monica alleged that a Paper Mate ball point pen factory located at 1681 26th St., in Santa Monica, released solvents during cleansing and degreasing operations that contaminated the Olympic Well Field, which is used as a source of drinking water by the City of Santa Monica.

In its complaint, Gillette claims to have submitted more than $14.5M in covered but unpaid defense, investigation, and indemnification costs, with additional costs anticipated.
.......................... ..........................
Lislie Zulia v. Heathrow Master Association, Inc. - 08/02/10 Trial
 
3 week negligence/injury jury trial in suit originally filed in 2004 and appealed twice to the Florida Court of Appeals.
Stewart Cullom v. Knife River Corporation, Concrete Inc., 07/19/10 Trial
 
Wrongful termination jury trial in Sacramento Superior Court's complex litigation division. Plaintiff alleges he was terminated from his concrete pouring position after undergoing rotator cuff surgery. He claims the company could have accommodated him by providing lighter work, but that they failed to do so.
.......................... ..........................
Yucaipa, et al v. Barnes & Noble, et al - 07/22/10 Hearing
 
Post Trial Oral Arguments Via Bloomberg: " May 6 (Bloomberg) -- Ron Burkle’s Yucaipa Cos. sued Barnes & Noble Inc., demanding a change to the bookseller’s so-called poison-pill defense and accusing Chairman Leonard Riggio’s family of using the retailer as a “personal piggy bank.”

Under the defense, adopted in November, Barnes & Noble can issue rights for additional shares if any outside investor accumulates 20 percent or more of the stock. The provision is also triggered if parties who together own 20 percent or more of the stock act in concert to nominate directors, according to the complaint, filed yesterday in the Chancery Court in Wilmington, Delaware."

http://www.businessweek.com/news/2010-05-06/burkle-s-yucaipa-sues-barnes-noble-over-poison-pill-update1-.html
Paul Ansfield v. Zenith National Insurance Company, et al - 07/26/10 Hearing
 
Via Law360.com: "Shareholders of Zenith National Insurance Corp. have lodged a putative class action against the company and its directors, saying a proposed $1.4 billion acquisition by Fairfax Financial Holdings Ltd. would shortchange them."

http://insurance.law360.com/registrations/user_registration?article_id=154119&concurrency_check=false

View free video clips from the case:
<a href="http://mslcc.courtroomconnect.net/mslCC/Viewer/?peid=b31666d292b7444f8bef8768c0e81f4d">Randall Baron argues on behalf of the California plaintiffs -- Clip 1</a>
.......................... ..........................
Julie Crouch v. Playboy Entertainment Inc., et al - 07/27/10 Trial
 
Via Courthouse News Service: "The former master-control operator for Playboy television says Playboy employees sexually harassed her, made fun of her life-saving surgeries, and ended up firing her without cause during her recovery."

http://www.courthousenews.com/2009/03/12/Former_Playboy_TV_Operator_Alleges_Sexual_Harassment.htm
In Re: Accutane 08/02/10 Trial
 
Accutane liability jury trial in New Jersey's mass tort litigation division.
.......................... ..........................
Cement Masons Local 529 v. Farrow Concrete Spec. - 08/03/10 Oral Argument
 
Plaintiff's appeal of district court's denying plaintiff's motion for summary judgment in union contract dispute.
Palm Beach Point POA, Inc v. Sun Glade Point Trust HOA, Inc. - 08/02/10 Trial
 
Jury trial in suit originally filed in 2004 in property/homeowner's association dispute.
.......................... ..........................
Warren Mako, et al v. Burlington Northern, et al - 08/03/10 Oral Argument
 
Oral argument on plaintiff's appeal of the district court granting the defendant's motion to exclude expert testimony and for summary judgment in a wrongful death action related to a railway accident.
Dianne Kelley, et al v. Microsoft Corporation - 08/03/10 Oral Argument
 
"Oral arguments on plaintiff's appeal of district court's denial of motion for class certification. 

"A lawsuit alleges that Microsoft Corp. engaged in deceptive practices by letting PC makers promote computers as "Windows Vista Capable" even if they couldn't run the new operating system's "signature" features.

The proposed class action, which Microsoft disputes, was filed on behalf of personal-computer buyer Dianne Kelley of Camano Island. It focuses on efforts by Microsoft and computer makers to avoid a lull in PC sales by assuring consumers that the machines they were buying last year could run the delayed operating system upon its January release."

http://www.seattlepi.com/business/310004_msftsued03.html
.......................... ..........................
Melissa MacDonald v. Women's Healthcare Associates, PA - 08/09/10 Trial
 
6-8 week medical malpractice jury trial originally filed in 2000.
Christal L. Tappendorf, et al v. Physician Ins. Co. of WI Inc., - 08/09/10 Trial
 
11 day medical malpractice jury trial.
.......................... ..........................
Cindy Graves v. Carlos Estiandan MD, et al - 07/27/10 Trial
 
10-20 day medical malpractice trial in Los Angeles Superior Court.
Jason West, et al. v. Activision Publishing, Inc. - 08/05/10 Hearing
 
"The next step in the legal proceedings takes place on August 5 when a Los Angeles Superior Court judge determine whether or not to combine the Infinity Ward Employee Group's lawsuit with the $36 million suit filed by the studio's former bosses and Call of Duty creators Jason West and Vince Zampella."



http://www.gamespy.com/articles/110/1105473p1.html
.......................... ..........................
Naughty Monkey LLC, v. Marinemax Northeast LLC - 08/03/10 Trial
 
Two day bench trial.

Naughty Monkey LLC was formed by Michael Stock in 2008 to purchase a multi-million dollar recreational boat. His arrangement with boat manufacturer Marinemax allowed him to trade his boat for any other boat built by Marinemax within 18 months with a trade in value of 85%.

Stock alleges that Marinemax only provided trade in options that were significantly more expensive than the appraised value of his original boat. He alleges more suitable vessels exist, and that the purchase agreement does not restrict him in choosing a replacement boat.
Emmanuel Rozakis dba Rozakis Restoration v. City of Sacramento - 08/02/10 Trial
 
Breach of contract jury trial in Sacramento Superior Court's complex litigation division. Plaintiff was contracted by the City of Sacramento to paint a parking garage. The plaintiff submitted a bid with cost estimates for a water based process, which the city later said would be insufficient and cited it as grounds for terminating the contract.
.......................... ..........................
MBTA, et al v. CSX Transportation Inc., et al - 08/09/10 Trial
 
"The Massachusetts Bay Transportation Authority is suing CSX Transportation and Cohenno Inc, a Stoughton lumber company, and is accusing them of negligence, for allegedly causing a 112-ton freight car to crash into a commuter train in Canton on March 25. The MBTA wants CSX and Cohenno to pay for repairs to the damaged train and cover overtime costs incurred by the MBTA and any other expenses as a result of the train collision. Damages are estimated at up to $1 million."

http://www.bostoninjurylawyerblog.com/2008/04/mbta_files_negligence_lawsuit.html
Bosetti v. The US Life Insurance Company - 08/03/10 Trial
 
Plaintiff Linda Bosetti was an employee of the Palos Verdes Peninsula Unified School District until 2003, when she activated her disability policy citing that fibromyalgia, lower back pain, depression and fatigue made her unable to work. 

Her insurer terminated her payments after two years citing a limit on coverage for mental and nervous conditions and anticipating her ability to return to work.

Bosetti alleges her insurer failed to take adequate steps to determine if she could in fact return to work, and that she remained completely disabled when her policy was terminated.

Her insurer alleges Bosetti's claims of continued disability involve "subjective" symptoms that couldn't be verified by objective medical evidence.
.......................... ..........................
Joseph Yselonia v. North Broward Hospital District, et al. - 08/25/10 Trial
 
15 day medical malpractice jury trial in Broward County Circuit Court's complex litigation division.
Jason Budnick v. R.J. Reynolds Tobacco Company - 08/23/10 Trial
 
Jury trial in Engle progeny tobacco liability litigation.
.......................... ..........................
Cardella v. John Ellerton MD, et al - 08/30/10 Trial
 
Jury trial in medical malpractice suit originally filed in 2006.
Striepling, et al. v. Stuart Hoffman MD, et al. - 08/09/10 Trial
 
Seven day medical malpractice/wrongful death jury trial in Clark County Circuit Court.
.......................... ..........................
Allstate v. Michael Bennington, et al. - 09/07/10 Trial
 
Jury trial in insurance coverage dispute litigation originally filed in 2006.
Adex Medical Staffing LLC v. Evelyn T. Canlas - 08/24/10 Trial
 
Jury trial in breach of contract suit in Los Angeles Superior Court.
.......................... ..........................
Yago, et al. v. GNLV Corp., et al. - 08/23/10 Trial
 
Automotive defect product liability/wrongful death jury trial in Clark County Circuit Court originally filed in 2005.
Lake Buena Vista Resort LLC v. IPG Realty, Inc. - 08/23/10 Trial
 
Three day jury trial in Orlando's business litigation division.
.......................... ..........................
Jimmie Willis v. R.J. Reynolds Tobacco Company, et al - 09/13/10 Trial
 
Willis v. Reynolds is an Engle-progeny tobacco trial against R.J. Reynolds and Philip Morris. The case was originally tried in April and May of 2010, but ended in a mistrial after the jury had deliberated for several days. The retrial is scheduled for September, 2010.

In the original trial, plaintiff attorney Hendrik Uiterwyk told the jury that Jimmy Willis was "enticed by the ads of the defendants and got caught up in the addiction process because of the manipulation of the product and the manipulation of the minds by these defendants." According to Mr. Uiterwyk, Mr. Willis smoked one, then two, then three packs per day, and repeatedly tried to quit, without success.

After Mr. Willis was diagnosed with laryngeal cancer, his larynx was removed, and he was able to breathe and speak only through a hole in his throat. Mr. Willis was subsequently diagnosed with bladder cancer and small cell lung cancer.

For the defense, Shook Hardy Bacon's Walter Cofer told the jury that although getting cancer gave Mr. Willis the will to quit, Mr. Willis knew smoking was dangerous in the 1960s, and was not truly motivated to quit until it was too late. Mr. Willis' prior quit attempts, Mr. Cofer suggested, were not serious.

Moreover, said Mr. Cofer, Mr. Willis did not remember ever trying a cigarette because of any advertisement or promotion that he saw, and could not recall any statement by a tobacco company that caused him to start or continue smoking.
Harrell et al. v. South Kendall Construction Corp. - 09/13/10 Trial
 
Chinese Drywalll.  "The Harrells’ complaint alleges that defective drywall from China contained high amounts of sulfur, which caused breathing problems and headaches, corroded the coils of their air conditioner and filled their home with a chemical smell. The suit indicates that conditions caused by the defective drywall forced them to move out of their new home, which was built only three years ago."



http://helpchinesedrywall.com/2009/06/29/chinese-drywall-suit-scheduled-for-trial-september-2010/
.......................... ..........................
Kevin Klaas, et al. v. Vestin Mortgage, Inc. et al. - 09/07/10 Trial
 
Three week jury trial in Clark County Circuit Court's complex litigation division. 



VRM II (NASDAQ: VRTA) is a defendant in an action filed in 2006 by 88 separate plaintiffs in the District Court for Clark County, Nevada.  (Klaas et al. v. Vestin Mortgage, Inc. et al.)  The plaintiffs allege, among other things, that the defendants breached contractual obligations and fiduciary duties and made false and misleading statements in connection with the merger of Vestin Fund II into VRM II.  The plaintiffs allege that they should have been provided appraisal rights in connection with such merger. 

Vestin recently sued Klaas in federal court alleging the litigation in Las Vegas is costing the company millions in legal expenses.  


http://asternglance.com/2008/11/14/vestin-sues-ken-klaas/
In re: Dollar Thrifty Shareholder Litigation - 08/25/10 Hearing
 
Injunction hearing in shareholder suit seeking to block the acquisition of Dollar Thrifty Automotive Group (NYSE: DTG) by Hertz Global Holdings (NYSE: HTZ).



http://dealbook.blogs.nytimes.com/2010/05/11/is-hertzs-dollar-thrifty-deal-too-good-for-hertz/
.......................... ..........................
In re: ACS Shareholder Litigation - 08/24/10 Hearing
 
Settlement hearing in ACS Shareholder Litigation.

CVN covered a prior hearing on motion for summary judgment.

The complaint alleges that the proposed merger allows ACS founder Darwin Deason, who is ACS's Chairman and largest (44%) stockholder, to retain hundreds of millions of dollars of value that rightfully belongs to ACS's public shareholders. The plaintiffs assert that Deason's consideration amounts to more than a 50% premium over what ACS's public stockholders would receive.

The ACS Board also allegedly breached its fiduciary duties by agreeing to a 3.5% termination fee and a no-solicitation provision, essentially blocking competing offers.
Pedro Ocaranza v. Troy Reyna MD - 09/15/10 Trial
 
Jury trial in medical malpractice suit.
.......................... ..........................
Porfirio Camacho v. Citywide Elevator Company, Inc. - 09/31/10 Trial
 
Jury trial in suit originally filed in 2005.
Catherine Green v. Costco Wholesale Corporation - 08/30/10 Trial
 
Jury trial in premises liability suit.
.......................... ..........................
Gerena, et al. v. Kindred Healthcare, et al. - 09/13/10 Trial
 
Seven day negligence/personal injury trial with multiple insurer defendants named in the suit.
KFC National Council v. KFC Corporation - 09/02/10 Hearing
 
Hearing on pre-trial motions. A bench trial is set for 9/20/10 - 9/24/10.

CVN covered previous motion hearings in this case. 

Kentucky Friend Chicken, a Division of Yum! Brands, has been promoting its spicy grilled wings by supplying towns with new fire hydrants.  The KFC National Council and Advertising Cooperative, Inc., which designs KFC's marketing programs, claims that KFC is promoting grilled chicken instead of fried chicken.

Store sales are down.  The franchisees want more money spent on advertising the original recipe, and they seek a declaration that the National Council gets to decide.

http://www.bloomberg.com/apps/news?pid=20601110&sid=aSdmFt_zBMrE
.......................... ..........................
Herrera v. Desert Recreation Inc, et al - 09/07/10 Trial
 
Jury trial in negligence suit related to a marine accident.
Lucas v. MARTA - 09/07/10 Trial
 
Jury trial in injury/negligence suit originally filed in 2007.
..........................  
Narrowstep, Inc. v. Onstream Media Corporation - 09/07/10 Hearing
 
Hearing on defendant's motion to dismiss. 

Via PRLog.com: "Narrowstep Inc. today announced that it has demanded $14 million and other damages from Onstream Media Corporation (NASDAQ: ONSM) as a result of Onstream's actions in connection with the Merger Agreement executed with Narrowstep on May 29, 2008, and subsequently amended on August 14, 2008 and September 15, 2008.  

Narrowstep's demand letter to Onstream Media Corporation, delivered through Boston counsel, Ron Dunbar of Dunbar Law PC, outlines conduct that gives rise to fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and specific performance claims. The Narrowstep demand letter asserts damages in excess of $14 million dollars."

http://www.prlog.org/10218884-narrowstep-inc-demands-14-million-and-other-damages-from-onstream-media-for-failed-merger.html