This Weeks Cases

Delaware Superior Court

Ramsey v. Atlas Turner Ltd., DEFAX Case No. D67624 (Del.Super. Feb. 2, 2017), Medinilla, J. (22 pages).

Plaintiff's asbestos litigation against a manufacturer of asbestos-containing products failed where her claim was characterized as a failure-to-act, or nonfeasance, for not warning about the risks of take-home exposure, and plaintiff failed to allege that she stood in a special relationship with the manufacturer.

D67624

Delaware Court of Chancery

Haque v. Tesla Motors, Inc., DEFAX Case No. D67623 (Del.Ch. Nov. 23, 2016), Slights, V.C. (34 pages).

Shareholder was not entitled to inspect records of corporation where he could not articulate facts that supported a credible basis for the court to suspect corporate wrongdoing.

D67623

U.S. District Court of Delaware

Merck Sharp & Dohme Corp. v. Amneal Pharm. LLC, DEFAX Case No. D67628 (D.Del. Jan. 30, 2017), Robinson, J. (25 pages).

Plaintiff failed to carry its burden to prove patent infringement by a preponderance of the evidence. Ordered defendant did not infringe.

D67628

Delaware Court of Chancery

Dore et al. v. Sweports, Ltd., DEFAX Case No. D67627 (Del. Ch. Jan. 31, 2017), Laster, V.C. (59 pages).

Plaintiffs sought indemnification from defendant for expenses incurred in proceedings that took place in Illinois. Court ruled plaintiffs were entitled to indemnification, but for only a portion of the claimed expenses.

D67627

U.S. District Court of Delaware

Yodlee, Inc. v. Plaid Tech., Inc., DEFAX Case No. D67616 (D.Del. Jan. 27, 2017), Stark, U.S.D.J. (9 pages).

Defendant's motions to dismiss and for summary judgment, based on defendant's assertions of patent ineligibility, were denied where defendant's proposed abstract idea failed to capture key aspects of the claims and did not remove any genuine issue of material fact as to whether the claims were well-understood or conventional at the time of invention.

D67616

Delaware Court of Chancery

CelestialRX Invs., LLC et al. v. Krivulka et al., DEFAX Case No. D67626 (Del. Ch. Jan. 31, 2017), Glasscock, V.C. (54 pages).

Court found agreement did not release entity's claims existing as of a certain date, and LLC agreement eliminated common-law fiduciary duties except for certain actions. Motion for partial summary judgment regarding release agreement denied; motion for partial summary judgment regarding the interpretation of the standard of care owed under the LLC governing documents granted.

D67626

Delaware Superior Court

NVent v. Hortonworks, Inc., DEFAX Case No. D67629 (Del. Super., Feb. 1, 2017), Davis, J. (20 pages).

Plaintiff adequately alleged claim for promissory estoppel, but was required to allege claims for misrepresentation and lender liability with more specificity. Defendant's motion to dismiss granted in part and denied in part.

D67629