This Weeks Cases

U.S. District Court of Delaware

Insight Equity v. Transitions Optical, Inc., DEFAX Case No. D67740 (D.Del. May 9, 2017), Andrews, J. (29 pages).

Expert testimony on market definition in antitrust case was allowed, except for market influences testimony which unfairly prejudiced plaintiff. Expert was not entitled to eliminate the top two retailers from the data used to form his opinion on market foreclosure. Motions to exclude expert testimony granted in part; denied in part.


Third Circuit

Hawk Mountain LLC v. Ram Capital Group LLC, DEFAX Case No. D67737 (3rd Cir. May 12, 2017), Fisher, J. (8 pages).

The four-year statute of limitations on RICO actions barred plaintiffs' claims, and plaintiffs failed to allege sufficient facts to justify application of the discovery rule in this case. Affirmed.


Delaware Court of Chancery

In re Massey Energy Co., DEFAX Case No. D67733 (Del. Ch. May 4, 2017), Bouchard, C. (49 pages).

Plaintiffs lacked standing to pursue their derivative claim following a merger. Plaintiffs characterized their other claim as a direct one, but the court held it too was derivative because plaintiffs sought to remedy corporate mismanagement that caused damage to the company premerger. Motions to dismiss granted.


U.S. District Court of Delaware

B.B. v. Delaware Coll. Preparatory Acad., DEFAX Case No. D67734 (D.Del. May 8, 2017), Robinson, U.S.D.J. (8 pages).

Plaintiffs’ third IDEA action was time-barred where it alleged the same injuries as the first two actions and was brought more than two years after the facts giving rise to the alleged injury occurred.


Delaware Superior Court

State of Delaware v. Miller, DEFAX Case No. D67741 (Del. Super. May 11, 2017), Carpenter, J. (40 pages).

Defendants were not entitled to post-conviction relief due to the subsequent discovery of misconduct by lab personnel where defendants either pleaded guilty or admitted to possession of the drugs at trial. Motions denied.


U.S. District Court of Delaware

Edgewell Personal Care Brands, LLC v. Albaad Massuot Yitzhak, Ltd., DEFAX Case No. D67735 (D.Del. May 9, 2017), Andrews, U.S.D.J. (20 pages).

Claims involving a "plurality" were limited to a specific maximum number where the patent specifically disclaimed any greater number throughout most of the patent prosecution history.


Delaware Court of Chancery

In re Cyan, Inc., DEFAX Case No. D67738 (Del. Ch. May 11, 2017), Bouchard, C. (44 pages).

Board members were shielded by the business judgment rule in approving a merger, and the allegations of the complaint were insufficient to indicate board members breached their fiduciary duties. The majority of the stockholders voted in favor of a merger in a vote that was adequately informed and not coerced. Motion to dismiss granted.


U.S. Bankruptcy Court of Delaware

In re HH Liquidation, LLC, DEFAX Case No. D67739 (Del. Bank. May 8, 2017), Gross, J. (15 pages).

In this adversary proceeding, the committee of unsecured creditors was entitled to the production of business documents which were not prepared in anticipation of trial. Motion to compel production of documents granted in part; denied in part.