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| Ford Explorer Cases - 06/04/07 Trial
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| 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
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| 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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| Refik Kozic v. Merck - 09/19/07 Trial
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| 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. |
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| Humeston v. Merck - 09/15/05 Trial
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| Pharmaceutical product liability trial against Merck for the painkiller drug Vioxx held in New Jersey September 2005. Plantiffs granted a retrial in 2006. |
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| Oliver v. Boston University - 11/08/07 Hearing
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| 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. |
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| Arenazas v. BP - 12/03/07 Trial
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| 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. |
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| Genesco v. Finish Line - 12/10/07 Trial
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| 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
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| 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. |
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| Liberty Media v. IAC/Interactive Corp - 02/01/08 Hearing
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| 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. |
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| Kerman and Naomi Ladner v. DuPont Co. - 05/24/07 Trial
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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. |
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| William J. LaPoint, et al v. Amerisourcebergen Corportation - 05/07/07 Trial
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| 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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| In re: Loral Space & Comms, Inc. Consolidated Litigation - 03/03/08 Trial
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**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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| State of Alaska v. Eli Lilly & Co - 03/05/08 Trial
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| 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
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| 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. |
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| Liberty Media v. IAC/Interactive Corp - 03/10/08 Trial
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| 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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| Gentile, et al v. Rosette, et al - 03/31/08 Trial
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| 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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| In Re: Citrus Canker Litigation - 04/18/08 Trial
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| 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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| Bondi v. Citigroup - 05/15/08 Trial
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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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| BAYPO v. Technology JV - 07/11/07 Hearing
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| 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. |
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| Miguel Arenazas, et al v. BP Amoco Chemical Company, et al - 05/27/08 Trial
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| 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
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| 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. |
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| In re Loral Space & Comms, Inc. Consolidated Litigation - 06/20/08 Hearing
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**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
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| 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. |
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| CA, Inc v. AFSCME - 07/09/08 Hearing
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| 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. |
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| Norman Braman vs. Miami Dade County - 07/14/08 Trial
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| 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. |
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| Allied Capital v. GC Sun Holdings, et al - 08/25/08 Trial
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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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| In re: Ambac Financial Group - 09/24/08 Hearing
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| 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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| David McDavid et al v. Turner Broadcasting et al - 10/09/08 Trial
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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. |
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| Huntsman v. Hexion - 10/08/08 Hearing
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| The suit accuses Black, Harris and the bankers of wrongfully interfering with a previous bid for the chemical maker. Hexion's bid topped a $25.25-a-share offer from Access Industries Holdings LLC's Basell unit. |
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| In Re: Affiliated Computer Services - 10/22/08 Hearing
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| 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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| Huntsman v. Hexion - 11/24/08 Hearing
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| The suit accuses Black, Harris and the bankers of wrongfully interfering with a previous bid for the chemical maker. Hexion's bid topped a $25.25-a-share offer from Access Industries Holdings LLC's Basell unit. |
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| Hess vs. RJ Reynolds Tobacco Co - 12/03/08 Trial
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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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| In re Loral Space & Communications, Inc. Consolidated Lit - 12/22/08 Hearing
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**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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| Cigna Worldwide Insurance Co v. Josie Senesie – 01/23/2009 Hearing
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| 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. |
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| Hess vs. RJ Reynolds Tobacco Co. - 02/03/09 Trial
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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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| Reed Gusciora, et al. v. James E. McGreevey, et al. - 01/27/09 Trial
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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. |
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| State of Wisconsin vs. Abbott Laboratories et al - 02/04/08 Trial
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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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| Kuhn Construction, Inc v. Diamond State Port Corp. - 02/09/09 Hearing
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| 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. |
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| Shiflett v. Leesburg Town Council - 01/20/09 Trial
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| 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
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| 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. |
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| Jose Adolfo Tellez et al v. Dole Food Company Inc et al - 01/21/09 Hearing
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| 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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| Ferlanti v. Liggett Group - 02/23/09 Trial
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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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| Walker v. GEICO Insurance - 02/11/09 Oral Argument
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| 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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| Michael S. Polsky v. Daniel E. Virnich - 01/07/09 Oral Argument
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| 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
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| 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. |
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| In re: Countrywide Shareholders Litigation - 10/28/08 Hearing
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| 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
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| 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. |
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| CFTC Committee to Discuss Energy Markets - 06/10/08 Hearing
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| 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. |
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| Osborne, et al. v. The City of Wilmington - 05/29/08 Hearing
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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. |
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| Whiteway v. FedEx Kinko's - 03/11/09 Oral Argument
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| 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
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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 |
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| In re: NYMEX Shareholder Litigation - 03/17/09 Hearing
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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.” |
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| Bible v. Schriro - 03/26/09 Oral Argument
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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
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(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. |
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| Smith v. Ace Insurance Co. - 03/25/09 Oral Argument
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| 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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| Catz v. Chalker - 04/15/09 Oral Argument
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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. |
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| Banco Intercontinental v. Var Holdings - 04/13/09 Trial
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| 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. |
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| In Re: IH Riverdale & 4 Related Cases - 04/15/09 Hearing
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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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| ZRII LLC v. Wellness Acquisition Group et al - 04/22/09 Hearing
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| 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. |
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| Mejia, et al v. Dole Food, et al - 05/08/09 Hearing
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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
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| 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. |
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| Greenwald v. Bursalyan, et al - 05/11/09 Trial
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Medical malpractice jury trial in Maricopa Superior Court Complex Litigation Division related to alleged Gentamicin poisoning.
Gentamicin is a frequently prescribed IV antibiotic that can break down vestibular function over an extended period of time.
Defendant "Imaging 3, Inc" is publicly traded on NASDAQ. |
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| Johnson v. AT&T - 05/11/09 Hearing
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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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| Huntsman Corp. v. Credit Suisse Securities (USA) LLC - 06/15/09 Trial
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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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| Berger v. Pubco Corp - 05/21/09 Oral Argument
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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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| LAMPERS v. Ferttita - 06/09/09 Hearing
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| 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
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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. |
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| Sunset Cove v. Santiago & Tsokos - 06/15/09 Trial
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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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| Doody v. Schriro - 06/23/09 Oral Argument
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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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| Rowland v. Home Depot Inc, et al - 06/22/09 Trial
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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
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| 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. |
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| Jackson v. State - 061709 Oral Arguments
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| 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. |
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| Mejia et al v Dole Food et al - 06/17/09 Hearing
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6-17 contempt hearing.
Judge Chaney dismissed 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. |
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| Schein v. Ernst & Young - 06/25/09 Trial
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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
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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. |
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| University of Delaware v. AFSCME - 06/30/09 Hearing
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| 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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