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Current Trials and Hearings
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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
 
Whether settlement discussions included in a brief are inadmissible contrary to Delaware Rule of Evidence 408.
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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
 
Lead paint product liability trial alleging public nuisance and conspiracy.
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City of Milwaukee v. National Lead Industries and Mautz Paint - 05/23/07 Trial
 
Lead paint product liability trial alleging public nuisance and conspiracy.
Andrew McCarrell v. Hoffmann LaRoche et al - 04/30/07 Trial
 
Pharmaceutical product liability trial against Hofmann LaRoche for the acne drug 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
 
The case involves the largest industrial commercial site in the country and relates to a breach of fiduciary responsibility.
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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 was accused of doping to win the 2006 Tour de France, after a positive test for synthetic testosterone.
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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
 
Vioxx Litigation, first vioxx trial held on Los Angeles.
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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.
Peter Laliberte v. Lyann Agresar - 02/04/08 Trial
 
Vehicle product liability case against Mitsubishi, for a fatal single car accident during which it is alleged the seat belt mechanism failed.
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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.
In re: Zyprexa - 03/20/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
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Kamie Kendall vs Hoffmann La Roche - 04/03/08 Trial
 
Product Liability trial against Hoffmann La Roche for damages from Accutane usage.
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.
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In re: Zyprexa - 03/27/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
In re: Zyprexa - 03/28/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
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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
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.
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In re: Zyprexa - 04/10/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
In Re Zyprexa - 04/21/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
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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.
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.
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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.
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.
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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.
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.
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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.
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."
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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.
In re: IDS Managed Futures, L.P. - 12/04/07 Trial
 
Dissolution of partnership - Refco in bankruptcy proceedings.
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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.
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.
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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.
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.
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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.
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.
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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.
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.
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In re: Zyprexa - 07/17/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
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.
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Clark v. Autonation - 07/14/08 Trial
 
Contract case against a major Florida auto dealer.
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.
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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.
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.
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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.
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."
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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.
Massachusetts Dept of Highways, et al v. Perini Corp, et al - 08/19/08 Hearing
 
Dispute over massive highway construction contract.
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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.
In re: Zyprexa - 09/04/08 Hearing
 
Federal Multi-District Litigation against Eli Lilly for Zyprexa damages.
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Shawn Monroe v. Del Taco LLC, et al - 09/10/08 Trial
 
Civil Rights.
State of West Virginia v. Eli Lilly & Co. - Hearing
 
Zyprexa hearing- Motion to remand back to state court.
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State of West Virginia v. Eli Lilly & Co. - 09/09/08 Hearing
 
Zyprexa Litigation- Motion to remand back to state court.
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.
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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.
DGYMS v. Robino-Bay Court Plaza - 10/30/08 Trial
 
Zoning Contract Dispute
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Nikolaos J Bastas v. United Airlines - 10/02/08 Hearing
 
Wrongful termination suit.
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.
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Huntsman v. Hexion - 10/08/08 Hearing
 
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.
In Re: Accutane - 10/20/08 Trial
 
Accutane Liability Trial.
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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.
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.
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Alliance Data Systems Corp v Blackstone Capital Partners, et al- 10/20/08 Hrng
 
Suit seeks to compel Blackstone to continue with merger agreement.
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.
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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.
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.
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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.
Norfolk County Retirement System v. Jos. A Bank Clothiers - 10/27/08 Hearing
 
Plaintiffs seek to inspect books and records because of a decline in stock price.
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In Re: American International Group (AIG) Inc Derivative Lit - 11/07/08 Hearing
 
AIG Derivative Shareholder Litigation.
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.
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Huntsman v. Hexion - 11/24/08 Hearing
 
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.
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.
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In Re: Appraisal of Metromedia - 12/12/08 Trial
 
Various hedge funds seek appraisal of Metromedia International Group.
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.
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Vioxx Cases - 01/14/09 Hearing
 
Product Liability.
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.
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.
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
 
Dispute over merger agreement financed by Bain Capital.
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.
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
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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.
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.
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 - 02/04/08 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.
Deborah 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
 
Work furlough related lawsuit.
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.
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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.
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.
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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.
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.
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In re: Yahoo! Inc. Shareholders Litigation, Consol. - 03/06/09 Hearing
 
Litigation re Microsoft/Yahoo buyout, settlement hearing.
Angel Abarca Abarca et al v. Dole Food Company Inc, et al - 02/24/09 Hearing
 
Pesticide use on banana plantations.
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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.
Bryan Ventures Inc, et al v. Gainor, et al. - 02/18/09 Hearing
 
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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
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.
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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.
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.
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McNally v. State - 01/28/09 Oral Argument
 
Nasser v. Dweck - 01/28/09 Oral Argument
 
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Hargrow v. Federal Express Corp. - 01/15/09 Oral Argument
 
U-Haul Int'l. v. Lumbermens Mutual - 01/15/09 Oral Argument
 
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Vioxx Cases - 02/19/09 Hearing
 
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.
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.
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Vioxx Cases - 12/19/08 Hearing
 
Scotchtown Holdings LLC v. The Town of Goshen et al - 12/19/08 Hearing
 
Environmental tort- sodium chloride in road treatments.
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Varnum v. Brien - 12/09/08 Oral Argument
 
James Weiss v. Astrazeneca Pharmaceuticals - 12/05/08 Hearing
 
Prilosec class action.
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James Weiss v. Astrazeneca Pharmaceuticals - 12/04/08 Hearing
 
Prilosec class action.
Vioxx Cases - 11/20/08 Hearing
 
.......................... ..........................
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.
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.
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Kornak v. North Broward Hospital District - 11/05/08 Trial
 
Medical malpractice jury trial.
Mangano v. PeriCor Therapeutics - 11/03/08 Hearing
 
45% owner of biotech company alleges breach of voting trust agreement.
.......................... ..........................
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.
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.
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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.
CCM Pathfinder Pompano Bay, LLC v Compass Financial Partners LLC - 08/21/08 Hrng
 
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Republic Credit Corporation v. Bateman - 08/13/08 Trial
 
Real estate suit against Skaaden Arps partner.
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.
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Beal Bank v. Wespoint Int'l, Inc. - 06/04/08 Hearing
 
http://www.delawarelitigation.com/2007/06/articles/chancery-court-updates/chancery-court-defers-to-bankruptcy-court-for-clarification-prior-to-addressing-corporate-issues/
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.
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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.
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.
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Torres v. Wal Mart - 03/02/09 Trial
 
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.
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.
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Paul v. Deloitte & Touch - 03/04/09 Oral Argument
 
CCS Investors v. LLC - 03/04/09 Oral Argument
 
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Michael Jones v. State - 03/04/09 Oral Argument
 
Business Planning v. Personnel Decisions - 03/04/09 Oral Argument
 
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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.
Ward Churchill v. University of Colorado - 03/09/09 Trial
 
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Borikas v. Alameda Unified School District - 03/17/09 Hearing
 
State of California v. US Department of Energy - 03/09/09 Oral Argument
 
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In re: Genentech Inc. Shareholder's Litigation - 03/09/09 Hearing
 
Hearing on motion for preliminary injunction in suit seeking to block acquisition of Genetech Inc (NYSE) by Roche Holdings Inc.
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.
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Fleischman v. Huang - 03/11/09 Hearing
 
Settlement in NVIDIA shareholder class action litigation.
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.
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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.
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
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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.
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.”
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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.
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.
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Springbok v. Tunney - 03/19/09 Hearing
 
Hearing on defendant's motion to compel and plaintiff's motion for summary judgment.
FLI Deep Marine LLC v. McKim, et al - 03/24/09 Hearing
 
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.
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In Re: Cape Pharmacy, LLC - 04/08/09 Trial
 
1 day trial seeking the dissolution of Cape Pharmacy, LLC and appointment of liquidating trustee.
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.
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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.
Belaski v. Doctors Hospital Physicial Organization, et al. - 03/30/09 Trial
 
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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)
Richter v. Caldwell Freightlines, et al - 04/06/09 Trial
 
Jury trial in Maricopa Superior complex litigation unit.
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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.
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.
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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.
Kalyvas v. Phillip Morris, et al. - 04/13/09 Trial
 
Engle tobacco trial in Tampa.
.......................... ..........................
Mark Lovato v. BC Life & Health Insurance Company - 04/13/09 Trial
 
Trial in Complex Litigation division re: denial of insurance coverage.
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 over the validity of a disputed shareholder's rights plan.
James and Jackson LLC v. Holyfield, et al. - 04/13/09 Hearing
 
Minority challenge to freeze-out merger transaction with MBC/Black Family Channel.
.......................... ..........................
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.
.......................... ..........................
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
 
Hearing re: motion by 3rd party defendants Gen Re seeking dismissal of underlying litigation.
.......................... ..........................
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
 
Case involves water disposal contamination liability.
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
 
2-day trial in class action suit brought by Amylin shareholders.

Carl Icahn has a pending motion to be named as an individual plaintiff.

Further Info
Banco Espirito Santo v. BDO Seidman - 06/02/09 Trial
 
Whether international accounting network BDO International was responsible under agency theory for a judgment against network member BDO Seidman.
.......................... ..........................
Huntsman Corp v. Credit Suisse Securities (USA) LLC - 05/08/09 Hearing
 
May 8 hearing on banks' motions for summary judgment.
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.
.......................... ..........................
Greenwald v. Bursalyan, et al - 05/11/09 Trial
 
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.
Cuppy v. Surgical Professionals, et al - 05/11/09 Trial
 
Medical malpractice jury re-trial in Maricopa Superior Court.

Plaintiff's spouse died after an appendectomy in 2002, after the attending surgeon allegedly overlooked internal bleeding before completing the operation.
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NACCO v. Applica - 05/11/09 Hearing
 
Hearing on motion to dismiss.
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)."
.......................... ..........................
Brown v. RJ Reynolds - 05/11/09 Trial
 
Engle progeny tobacco liability case.
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.
.......................... ..........................
LAMPERS v. Steven Taub, et al - 05/19/09 Hearing
 
Injunction hearing in shareholder suit seeking to block acquisition of Amtel by the ON Semiconductor Corp.
Banther v. State - 05/21/09 Oral Argument
 
Capital Trial Appeal.
.......................... ..........................
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.
.......................... ..........................
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.
Kaplan v. RJ Reynolds, et al - 06/01/09 Trial
 
Engle tobacco liability jury trial before Judge Jeffrey Streitfeld in Broward County Circuit Court's complex litigation division.
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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.
Siracusano v. Matrixx Initiatives - 06/09/09 Oral Argument
 
SAN FRANCISCO: Appeal in securities case related to Zicam (cold medicine) litigation.
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Oksner v. Blakely - 06/09/09 Oral Argument
 
SAN FRANCISCO: Appeal in civil suit against the FAA re: pilot safety requirements.
Reudy v. Clear Channel - 06/09/09 Oral Argument
 
SAN FRANCISCO: Appeal re: outdoor advertising properties.
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Kelly v. State - 06/01/09 Oral Argument
 
Appeal in Criminal Case.
Aaron v. State - 06/04/09 Oral Argument
 
Appeal in Criminal Case.
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CCS Investors v. Brown - 06/04/09 Oral Argument
 
Maddrey v. State - 06/04/09 Oral Argument
 
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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.
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.
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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."
Crawford (R.P.I. Shapiro) v. Astrue - 06/22/09 Oral Argument
 
SEATTLE: En banc hearing of appeal re: social security benefits.
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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.
Pinholster v. Ayers - 06/23/09 Oral Argument
 
SEATTLE: En banc hearing in habeus corpus/death penalty conviction appeal originally filed in 2003.
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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.
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.
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Alliance Data Systems Corp. v. Blackstone Capital - 061709 Oral Arguments
 
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.
Jackson v. State - 061709 Oral Arguments
 
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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In Re: Marsh & McLennan Co. Inc. Derivative Litigation - 061709 Hearing
 
Hearing on motion to dismiss in complex shareholder derivative litigation.
Mejia et al v Dole Food et al - 06/17/09 Hearing
 
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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In Re: TD Banknorth Inc. Shareholders Litigation - 06/25/09 Hearing
 
Settlement hearing in a class-action lawsuit brought by former investors challenging the fairness of TD Banknorth’s buyout by Toronto-Dominion Bank.
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.
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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.
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.
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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.
Milford School District v. Henlopen Athletic Conference - 07/02/09 Hearing
 
Oral argument in suit seeking to invalidate certain eligibility requirements of a high school athletics conference.
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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.
Carlo Vichi v. Koninklijke Philips Electronics - 07/02/09 Hearing
 
Hearing on motion to dismiss in complex securities dispute.