This Weeks Cases

Delaware Supreme Court

Katten Muchin Rosenman LLP v. Sutherland, DEFAX Case No. D67497 (Del. Jan. 3, 2017), Strine, J. (12 pages).

Attorneys were entitled to charging lien on judgment to recover entirety of unpaid legal fees, where limiting lien to fees incurred solely in obtaining recovery was inequitable because it denied attorney full compensation for contracted work and undermined use of charging lien to encourage counsel to provide legal services by ensuring contractual right to fee.


U.S. District Court of Delaware

Amgen, Inc. v. Sanofi, DEFAX Case No. D67494 (D.Del. Jan. 3, 2017), Robinson, U.S.D.J. (29 pages).

Defendants were not entitled to judgment as a matter of law or a new trial on their claim that plaintiffs' patents lacked sufficient written description and enablement where plaintiffs' experts testimony demonstrating that two example antibodies in plaintiffs' patents allowed a person skilled in the art to visualize or recognize structures of claimed antibodies.


U.S. Bankruptcy Court of Delaware

In re: City Sports, Inc., DEFAX Case No. D67495 (Del.Bankr. Jan. 3, 2017), Gross, U.S.B.J. (7 pages).

A debtor's confirmation of its inability to pay priority claims did not represent a change in factual circumstances warranting the grant of a motion for vacatur of an order determining the priority of claims, where the likelihood of no recovery by creditors was already evident to the court when it made its decision.


Delaware Court of Chancery

In Re Solera Holdings, Inc. Stockholder Litigation, DEFAX Case No. D67496 (Del.Ch. Jan. 5, 2017), Bouchard, C. (33 pages).

A majority of disinterested directors' and stockholders' approval of a merger that offered a premium for shares did not constitute breach of fiduciary duty due to the business judgment rule.


Delaware Court of Chancery

Sussex Cnty. Fed. Credit Union v. Evans, DEFAX Case No. D67491 (Del.Ch. Jan. 6, 2016), Ayvazian, M.C. (10 pages).

A mortgagee was not entitled to reformation of a deed to a portion of a larger parcel, redrawing the boundary lines to include a residence constructed on the smaller parcel.


Delaware Superior Court

Matchin v. Mumford & Miller Concrete, Inc., DEFAX Case No. D67498 (Del.Super. Jan. 4, 2017), Wharton, J. (10 pages).

Appellant's application for unemployment insurance benefits was properly denied where there was sufficient evidence to find that appellant operated a loader without his foreman's permission, supporting a finding that appellant's employer terminated him for willful misconduct.


Delaware Court of Chancery

In Re United Cap. Corp., Stockholders Litigation, DEFAX Case No. D67492 (Del.Ch. Jan. 4, 2016), Montgomery-Reeves, V.C. (25 pages).

The only remedy available to minority stockholders to challenge a short-form merger was to seek appraisal, rather than seeking quasi-appraisal, where plaintiff could not adequately allege that information omitted from the disclosure documents was material to the decision to seek appraisal.


Courts of Common Pleas

Somershein v. Home Depot, DEFAX Case No. D67490 (C.P. New Castle Dec. 13, 2016), Smalls, C.J. (6 pages).

An appeal from a peace court action asserting a claim for common law negligence did not violate the mirror image rule where the pro se complaint, bill of particulars, and written order from the justice of the peace made sufficient reference to defendant's vetting and referral of a home improvement contractor to establish a colorable common law negligence claim that could be refined on appeal.