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September 3, 2010
Claymont Steel Plant Hit With Toxic Tort Suit
free article for limited access subscribers
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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.
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Battle Over Tropicana Trademark Reaches Delaware Bankruptcy Court 
By Elizabeth Bennett
Delaware Law Weekly
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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.
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| This Week's Digests |
DELAWARE SUPREME COURT
LEGAL PROFESSION
In re Elgart
Attorney Discipline • Client Neglect • Public Reprimand • Probation • Conditions
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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.
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DELAWARE COURT OF CHANCERY
BUSINESS LAW
Baker v. Impact Holding, Inc.
Personal Liability • Director/Officer • Advancement Action • Affirmative Litigation
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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.
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DELAWARE COURT OF CHANCERY
BUSINESS LAW
Yucaipa American Alliance Fund II, L.P. v. Riggio
Shareholder Suit • Poison Pill • Breach of Fiduciary Duty • Good Faith/Reasonableness
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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.
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DELAWARE COURT OF CHANCERY
CIVIL PRACTICE
PPF Safeguard, LLC v. BCR Safeguard Holding, LLC
Jurisdiction • Forum Selection Clause • Express Language • Exclusion of Other Courts
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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.
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DELAWARE COURT OF CHANCERY
CONTRACTS
Airborne Health, Inc. v. Squid Soap, LP
Fraud • Extra-contractual • Affirmative Falsehoods • Active Concealment • Duty to Speak
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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.
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DELAWARE COURT OF CHANCERY
EVIDENCE
GyneConcepts, Inc. v. Kim
Expert Witnesses • Burden of Proof • Wastefulness Claim • Reasonable Conduct
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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.
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INDUSTRIAL ACCIDENT BOARD
WORKERS' COMPENSATION
Abrahams v. Chrysler Group, LLC
Termination of Benefits • Total Disability • Pulmonary Condition • Medical Specialist
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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.
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ATTORNEY
Center City Phila. personal injury law firm seeks Personal Injury Attorney with three years min experience licensed to practice in PA and NJ. Salary and benefits commensurate with level of experience. Reply to: trialinjurylawyer@gmail.com.
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