Johnson & Johnson lost another bid to transfer 2,400 personal injury and wrongful death suits over allegedly contaminated talc powder products to Delaware federal court on Friday, when a judge found that the company failed to prove the case is "related to" its talc supplier's bankruptcy case.
The Delaware Chancery Court has partly dismissed a suit brought against former executives at now-defunct Basho Technologies Inc. by an investor, who accused them of violating their fiduciary duties by inducing him to invest millions in what they knew was a failing enterprise.
A Delaware vice chancellor on Friday rejected a post-deal appraisal challenge by hedge fund investors that claimed the $13.2 billion sale of Jarden Corp. to Newell Rubbermaid Corp. in 2016 was undervalued by roughly $5 billion, citing recent Delaware Supreme Court decisions as a road map in setting the merger's fair share value.
Kentucky-based Blackhawk Mining LLC and 21 affiliates opened a prepackaged Chapter 11 in Delaware bankruptcy court on Friday, armed with a restructuring agreement for its $1.1 billion in debt that includes swapping $668 million in secured loans for newly issued equity.
A plan to sell doctor training programs proposed by Philadelphia hospital operator Center City Healthcare received approval Friday when a Delaware bankruptcy judge said the plan would protect the interests of affected resident doctors as best it could.
The federal government has urged the U.S. Supreme Court to affirm the Third Circuit’s determination that the one-year time limit for launching Fair Debt Collection Practices Act lawsuits starts when the alleged wrongdoing occurs, not when it is discovered.
Dozens of state attorneys general have told the U.S. Food and Drug Administration they support the agency’s recent push to regulate cannabis-derived products like cannabidiol, while asking it to ensure that the states maintain their roles as regulators as the market emerges.
It is "crystal clear" that opposition leader Juan Guaidó is the U.S.-recognized interim president of Venezuela, and thus, has authority to select those who control the state-owned entity that determines who sits on Citgo's board, counsel for Guaidó-backed members told a Delaware vice chancellor Thursday.
Pfizer Inc. and its affiliates asked the U.S. Judicial Panel on Multidistrict Litigation Thursday to transfer a suit from West Virginia to Delaware, where 13 nearly identical federal complaints are pending that claim infringement of three drug patents central to a Pfizer breast cancer treatment.
Amazon.com Inc. accused a Third Circuit panel on Wednesday of legislating from the bench when it handed down a precedent-setting decision this month finding that the online retailer could be held liable for defective products manufactured by third parties, asking for the entire court to hear the case.
Bankrupt coal company Cloud Peak Energy secured tentative access to the balance of a $35 million debtor-in-possession loan Thursday after a Delaware bankruptcy judge rejected priority status for a more than $8 million Wyoming county tax debt.
Bankrupt movie distribution company Open Road Films LLC asked a Delaware court to approve its Chapter 11 plan disclosure statement Thursday, saying the document lays out how it plans to distribute its remaining assets as part of a liquidation.
Devlin Law Firm dominated the ranks of the top 10 law firms filing the most patent suits for the second quarter of 2019, maintaining its top ranking from last quarter, by filing suits against Apple, Google and other major technology companies.
Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?
The fight over who runs Venezuela and its vast oil industry rages on in Delaware Chancery Court as opposition leader Juan Guaidó argued Wednesday that the court should reject an attempt by rival Nicolás Maduro to have the court install certain members on Citgo’s board of directors.
Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.
A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.
Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.
Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.
In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.
New York-based Bernstein Litowitz Berger & Grossmann LLP shook up Delaware's already briskly competitive plaintiffs bar Wednesday, announcing that it plans to open a permanent Delaware base this fall with 36-year Richards Layton & Finger PA veteran Gregory V. Varallo as its first resident partner.
A high-speed trading firm's majority partner who overcame a control dispute in Delaware’s Chancery Court won attorney fee eligibility Wednesday, after beating claims that an initial failure to seek arbitration ruled out any fee recovery.
A Delaware bankruptcy judge on Wednesday gave the go-ahead for silica sand proppant mining company Emerge Energy LP to tap into an initial $7.5 million of its $35 million new debtor-in-possession financing to fund operations during its Chapter 11.
The bankrupt supplier of talc used in Johnson & Johnson’s powder products objected Wednesday in Delaware court to a motion from a group of legacy insurers seeking the production of documents from the debtor, saying the request is overbroad and unjustified.
A $683 million Barnes & Noble buyout by Elliott Advisors (UK) Ltd. should be blocked because the bookseller left out crucial details in financial filings related to the merger, according to a proposed class action filed in Delaware federal court Tuesday.
The fate of the Affordable Care Act is currently pending in federal court, but states are proceeding on the premise that the law will survive its latest legal challenge as they consider competing Democratic and Republican visions of health care, says Lou Cannon of State Net Capitol Journal.
Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.
Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig of the American Enlightenment Project.
Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.
As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.
While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.
The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.
San Francisco's Board of Supervisors recently approved an ordinance banning the use of facial recognition technology by all city departments. The law is part of a growing movement among localities and states to increase oversight of the use of surveillance technologies by government entities, says Korey Clark of State Net Capitol Journal.
Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.
Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.
To date, 46 states and the District of Columbia have passed needed legislation penalizing nonconsensual distribution of pornographic images of another person, but constitutionally outlawing this phenomenon is tricky and some statutes will likely be struck down, says Nicole Ligon, supervising attorney of the First Amendment Clinic at Duke Law.
If enacted, New York's recently passed SHIELD Act would broaden existing data breach law. Arguably its most significant provision will be the section imposing new requirements on persons and businesses collecting private information associated with a New York resident, say Erik Dullea and Ephraim Hintz of Husch Blackwell.
Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.
Divergent outcomes in two recent Delaware Superior Court cases came down to the wording of insurance policies, highlighting coverage issues for private equity directors and officers serving in multiple capacities, say insurance practitioners from Hiscox and Bailey Cavalieri.
The Delaware Supreme Court's recent decision in Marchand v. Barnhill reaffirms directors' responsibility for instituting board-level reporting systems related to compliance risks for an organization. Practically, management and boards should focus on those risks that pose an existential threat to a business, say Kevin Logue and Rick Horvath of Paul Hastings.