TOP STORIES

Claymont Steel Plant Hit With Toxic Tort Suit 
A group of residents of Claymont has filed suit in New Castle County Superior Court against the companies that own the Evraz Claymont Steel plant, alleging injury and economic damage inflicted by industrial dust emitted from the plant.

Battle Over Tropicana Trademark Reaches Delaware Bankruptcy Court 
A court battle in Nevada over ownership of the trademarks "Tropicana" and "Trop" moved cross country last month when a group of companies controlled by Carl Icahn filed to have their dispute with the Tropicana Hotel Las Vegas settled in the U.S. Bankruptcy Court for the District of Delaware.

SEC Makes It Easier for Investors to Nominate Corporate Directors 
The U.S. Securities and Exchange Commission voted 3-2 last month to change how public company shareholders can nominate directors on proxy materials.

THIS WEEK'S DIGESTS

In re Elgart 
Upon recommendation of the Board on Professional Responsibility, the Supreme Court imposed a public reprimand and a period of probation, with certain conditions, on the basis of respondent's neglect of a client's personal injury matter. Discipline imposed.

Baker v. Impact Holding, Inc. 
Petitioner, a former corporate director, was not entitled to advanced fees for two related actions he brought because the relevant advancement provision required advancement only for reasonable expenses incurred "in defending" a proceeding and there was no evidence that the corporation intended advancement for affirmative claims. Respondent's motion to dismiss granted.

Yucaipa American Alliance Fund II, L.P. v. Riggio 
The defendant board's decision to use a "poison pill" to ensure that the plaintiff shareholder could not acquire control of the company while bypassing negotiations with the board was reasonable because it addressed the threat posed while leaving plaintiff with a fair chance to prevail in a proxy contest. Plaintiffs' claims dismissed.

PPF Safeguard, LLC v. BCR Safeguard Holding, LLC 
The Chancery Court granted defendants' motion to dismiss on the basis of a forum selection clause since the parties' express language indicated that the forum selection clause excluded all other courts. Motion to dismiss granted.

Airborne Health, Inc. v. Squid Soap, LP 
Although defendant's amended counterclaim was sufficiently particularized, it did not plead a claim for extra-contractual fraud based on affirmative falsehoods, active concealment or silence in the face of a duty to speak. Motion to dismiss counterclaim granted.

GyneConcepts, Inc. v. Kim 
The Chancery Court rejected defendant's argument that an expert was needed to testify as to whether his conduct was within the range of reasonable conduct of investment bankers seeking wealthy investors since the court found that his wasteful conduct was clearly not reasonable. Verdict for plaintiff.

Abrahams v. Chrysler Group, LLC 
The Industrial Accident Board found that claimant remained totally disabled where the evidence, including testimony from a specialist in pulmonary critical care, supported his no work status as a result of industrial isocyanate exposure. Petition to terminate total disability benefits denied.

NEWS IN BRIEF

Former Delaware Deputy AG Joins Berger & Montague 
Daniel R. Miller, former deputy attorney general in the Delaware Department of Justice, has joined Berger & Montague as of counsel, the Philadelphia firm announced Aug. 19.

Chancery Court Awards $1.2 Million in Damages  
The Court of Chancery has awarded the plaintiff in GyneConcepts Inc. v. Kim nearly $1.2 million in damages plus pre-judgment interest, as shown in an Aug. 17 letter opinion written by Chancellor William B. Chandler III.

Potter Anderson & Corroon Adds Corporate Attorney 
Potter Anderson & Corroon announced last week that Kerrianne M. Fay has joined the firm as an associate with the corporate group. She will focus her practice primarily on corporate and commercial litigation in the Delaware Court of Chancery.

More Headlines

Great Recession Leaves Its Mark on Del. Legal Market 
A recent survey of law firms found that more than 75 percent believe that pricing pressure, alternative fee arrangements and efficiency measures will remain part of the legal business even after the Great Recession has faded to a painful memory.

Securities Law Firms Examining Playboy's Plan to Go Private 
Securities law firms are looking at whether to take on Playboy Enterprises over its plan to take the company private, with one firm already out of the gate with a lawsuit.

Carper Pushes for Senate Vote on District Judge Nomination 
U.S. Sen. Thomas R. Carper, D-Del., took to the Senate floor last week to urge his colleagues to vote on the nomination of Magistrate Judge Leonard P. Stark to the U.S. District Court for the District of Delaware.

Court rejects ATP appeal by German Tennis group  
A federal appeals court on Friday rejected a challenge from the German Tennis Federation to a court decision that cleared the way for the ATP Tour's tournament restructuring.

Superior Court Reverses Denial of Access Discrimination Decision 
The Kent County Superior Court has ruled that subjectively offensive and rude treatment does not constitute a denial of access to public accommodations proscribed by Delaware's anti-discrimination statutes.

Connolly Bove Makes 'Hot List' 
Connolly Bove Lodge & Hutz was one of 20 firms to appear on the "Midsize Hot List" published by The National Law Journal on July 12. It was the only Delaware-based firm to appear.

Joseph Elected President Of NACTT 
Michael B. Joseph, a partner in the Wilmington firm Ferry Joseph & Pearce, has been elected president of the National Association of Chapter Thirteen Trustees, the firm announced on July 13.