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Delaware

  • July 07, 2025

    Progressive Gets Car Value Class Cert. Overturned At 3rd Circ.

    The Third Circuit on Monday reversed a lower court's decision to certify classes of Pennsylvania drivers who accuse Progressive Insurance units of breaching their contracts by systematically underestimating the actual cash value of their totaled cars, finding that the lower court misapplied the standard to determine whether common issues predominate.

  • July 07, 2025

    Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025

    The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following聽closely in the second half of 2025.

  • July 07, 2025

    Malaysia Info Demand Gets Green Light In $14.9B Dispute

    A Delaware judge has declined to nix an order allowing units of Malaysia's national energy company to seek discovery relating to a third-party funding deal that led to a $14.9 billion arbitral award issued against Kuala Lumpur following a territorial dispute stemming from a 19th-century land deal.

  • July 07, 2025

    Chancery Won't Sink Investor Suit Against Gaming Co. Skillz

    Delaware's chancellor has rejected calls to dismiss a derivative suit accusing insiders of mobile gaming company Skillz Inc. of misleading investors about weak prospects ahead of a secondary public offering in 2021, instead ordering a summary judgment proceeding to drill down on the issue of director independence.

  • July 07, 2025

    Catching Up With Delaware's Chancery Court

    In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.

  • July 07, 2025

    AI-Driven Job.com Files Ch. 11 With Almost $67M Of Debt

    Artificial intelligence-powered employment recruiting platform My Job Matcher Inc., which does business as Job.com, filed for Chapter 11 in Delaware with several affiliates, listing over $66 million in liabilities and bringing a roughly $10 million bankruptcy financing proposal.

  • July 03, 2025

    NY Landlord Sues Walmart, Others In Del. Alleging Fraud

    A New York City landlord sued Walmart Inc. and the bankruptcy successor to Bonobos Inc. in Delaware's Court of Chancery late Thursday, asserting hundreds of million in claims and compensatory and punitive damages under both Delaware and New York law arising from an allegedly fraudulent transfer of a Fifth Avenue retailer's lease and obligations.

  • July 03, 2025

    Stewart Drops Mixed Bag Of Discretionary Denial Rulings

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has released 24 more discretionary denial decisions, more than half of which she cleared challenges to move forward through the Patent Trial and Appeal Board process.

  • July 03, 2025

    Real Estate Recap: CEQA, Data Center Energy, Midyear Views

    Catch up on this past week's key developments by state from Law360 Real Estate Authority 鈥 including attorney insight into this week's reforms to the California Environmental Quality Act, how states are approaching energy demand for data center projects, and where the commercial and residential real estate sectors stand at the midyear.

  • July 03, 2025

    Implant Co. Sues Zimmer Biomet In Del. Over Milestone Miss

    A securityholder representative for biomaterial implant developer Embody Inc. has accused Zimmer Biomet Holdings Inc. of buying Embody and then immediately undermining the new subsidiary's ability to hit product development milestones worth some $120 million, according to a recently unsealed complaint.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits 鈥 one solidly liberal, one solidly conservative 鈥 that had聽their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears聽increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year.聽What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    Gold Reserve Unit To Bid $7.4B In Venezuelan Debt Case

    The special master overseeing the sale of Citgo's parent company to satisfy billions of dollars of Venezuelan debt on Wednesday made his final recommendation on a bidder, choosing a subsidiary of mining company Gold Reserve that has agreed to a $7.382 billion purchase price.

  • July 03, 2025

    What Judges Might Ponder In Judicial Safety Law Challenge

    A Third Circuit panel set to examine the constitutionality of a judicial safety law born out of the murder of a New Jersey federal judge's son is tasked with what experts are viewing as a lesser-of-two-evils choice: chilling free speech or chilling public service.

  • July 03, 2025

    Dolphin Encounter Co. Asks For Flexible Ch. 11 Sales Process

    Dolphin encounter company Leisure Investments Holdings LLC asked a Delaware bankruptcy court to give it leave to begin marketing its many assets around the globe, saying it has gained "some measure of control" of its business through litigation since it filed for Chapter 11.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks 鈥 and even hours 鈥 to issue some of its most anticipated and divided decisions.

  • July 02, 2025

    The Biggest Patent Rulings Of 2025: A Midyear Report

    A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.

  • July 02, 2025

    States Say DHS' Softer Stance On Grants Doesn't Moot Suit

    A collective of 20 states said Wednesday that聽only Congress聽can change the terms of federal grants,聽telling聽a Rhode Island federal judge that the聽U.S. Department of Homeland Security's softening of its stance on withholding funds to states that don't cooperate with immigration enforcement cannot moot their suit against the聽government.

  • July 02, 2025

    Judge Revives Supplement Patent Claims Jury Found Invalid

    A Delaware federal judge Wednesday allowed HQ Specialty Pharma Corp. to correct an injectable calcium supplement patent it accused Fresenius Kabi of infringing and found the claims were no longer invalid as a result.

  • July 02, 2025

    Tyson Wins $55M In Del. After Poultry Rendering Plants Trial

    A Delaware judge awarded $55 million in damages Wednesday to Tyson Foods Inc. arising from its $866 million acquisition of poultry rendering plants in Georgia and Alabama, finding after trial that American Proteins Inc. concealed past recycling of slaughter wastewater sludge and fraudulently induced the deal.

  • July 02, 2025

    Insurers Blast Avon Ch. 11 Talc Injury Trust

    A group of insurance carriers is asking a Delaware bankruptcy judge to reject cosmetic seller Avon Products' Chapter 11 plan, saying it would unfairly force them to pay possibly bogus talc injury claims.

  • July 02, 2025

    3rd Circ. Rules False Claims Fraud Can Trigger Deportation

    A Canadian national who gained permanent-resident status in the United States can be deported for costing the Department of Veterans Affairs $3 million by making false claims to get his scuba school into a GI Bill-funded program, the Third Circuit held in a precedential ruling Tuesday.

  • July 02, 2025

    SpaceX Investor Wins $1 After Suing Over $50M Deal Scratch

    A China-tied company that sued a California-based private equity聽firm聽for walking back a purported聽agreement to make a $50 million investment in SpaceX in November 2021 has won a single dollar in damages after a three-year, multiclaim Delaware Court of Chancery suit and trial.

  • July 02, 2025

    Investor Says Houston Apt. Owner Diverted $17M In Proceeds

    An investor controlled by bridge lender KHCA Funding LLC has filed suit against the owner and operator entities of a multifamily building in Houston, alleging that聽$17.6 million in investment proceeds it was due were improperly diverted elsewhere by the company.

Expert Analysis

  • AV Compliance Is Still A State-By-State Slog 鈥 For Now

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    While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements 鈥 paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥 approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

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    The Federal Circuit鈥檚 recent ruling in NexStep v. Comcast highlights how even a persuasive expert鈥檚 failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons 鈥 due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥 but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Federal Embrace Of Crypto Regs Won't Lower State Hurdles

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    Even if the incoming presidential administration and next Congress focus on creating clearer federal regulatory frameworks for the cryptocurrency sector, companies bringing digital asset products and services to the market will still face significant state-level barriers, say attorneys at Mayer Brown.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys 鈥 new ones especially 鈥 there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • IP Ruling Likely To Limit Arguments Against Qualified Experts

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    The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • The Challenges Of Abandoned Retirement Plans In Ch. 7

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    The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer 鈥 and a better person 鈥 because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Post-Election Implications For The EPA's Methane Rules

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    Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.

  • Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

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    As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

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