Delaware Supreme Court

TEAMSTERS LAUD FEDERAL COURT FOR UPHOLDING CALIFORNIA LAW AGAINST MISCLASSIFICATION

Retrieved on: 
Thursday, March 21, 2024
International Brotherhood of Teamsters, Assembly, District court, SAN, AB5, Lyft, Uber, Delaware Supreme Court

SAN DIEGO, March 21, 2024 /PRNewswire/ -- The Teamsters Union commends the Southern District of California, U.S. District Court for its decision to uphold Assembly Bill 5 (AB5) by dismissing California Trucking Association et al v. Bonta et al. The civil action was a direct challenge to the law, which prevents worker misclassification through the "ABC Test" for determining independent contractor status.

Key Points: 
  • SAN DIEGO, March 21, 2024 /PRNewswire/ -- The Teamsters Union commends the Southern District of California, U.S. District Court for its decision to uphold Assembly Bill 5 (AB5) by dismissing California Trucking Association et al v. Bonta et al.
  • The civil action was a direct challenge to the law, which prevents worker misclassification through the "ABC Test" for determining independent contractor status.
  • Under the California ABC Test, a worker must meet three standards to truly qualify as an independent contractor.
  • Founded in 1903, the International Brotherhood of Teamsters represents 1.3 million hardworking people in the U.S., Canada, and Puerto Rico.

TEAMSTERS CALL ON MASSACHUSETTS LAWMAKERS TO OPPOSE WORKER MISCLASSIFICATION REFERENDUMS

Retrieved on: 
Tuesday, March 19, 2024
Theft, Employment, International Brotherhood of Teamsters, Public policy, Classification, Legislation, Uber, DoorDash, Senate, Hearing, Commonwealth, Delaware Supreme Court

BOSTON, March 19, 2024 /PRNewswire/ -- Today, Teamsters testified at a hearing before the Massachusetts Senate Special Joint Committee on Initiative Petitions against potential 2024 ballot referendums that would dramatically expand misclassification of workers throughout the Commonwealth. The committee is considering six separate initiative petitions concerning the employment classification of drivers for Uber, Lyft, and other "gig" companies.

Key Points: 
  • BOSTON, March 19, 2024 /PRNewswire/ -- Today, Teamsters testified at a hearing before the Massachusetts Senate Special Joint Committee on Initiative Petitions against potential 2024 ballot referendums that would dramatically expand misclassification of workers throughout the Commonwealth.
  • The committee is considering six separate initiative petitions concerning the employment classification of drivers for Uber, Lyft, and other "gig" companies.
  • We should be punishing such companies for building business models that rely on worker misclassification and wage theft to succeed.
  • The proposed initiative petitions incentivize worker misclassification and could empower bad actors by giving "gig" companies an unfair market advantage.

Delaware Supreme Court Affirms Ruling in Favor of Texas Pacific Land Corporation on Litigation Related to Stockholders’ Agreement

Retrieved on: 
Tuesday, February 27, 2024
Oil, Gas, Energy, Commercial Building & Real Estate, Construction & Property, Utilities, Texas Pacific Land Corporation, E pluribus unum, Judgement, TPL, Delaware Court, Delaware Supreme Court, Supreme court

Texas Pacific Land Corporation (NYSE: TPL) (“TPL” or the “Company”) announced today that the Delaware Supreme Court (the “Supreme Court”) affirmed the December 1, 2023 ruling of the Delaware Court of Chancery (the “Court of Chancery”) in favor of TPL in the litigation between the Company and Horizon Kinetics LLC, Horizon Kinetics Asset Management LLC, SoftVest Advisors, LLC and SoftVest, L.P. (collectively, the “Investor Group”), in Horizon Kinetics, LLC, et al.

Key Points: 
  • Texas Pacific Land Corporation (NYSE: TPL) (“TPL” or the “Company”) announced today that the Delaware Supreme Court (the “Supreme Court”) affirmed the December 1, 2023 ruling of the Delaware Court of Chancery (the “Court of Chancery”) in favor of TPL in the litigation between the Company and Horizon Kinetics LLC, Horizon Kinetics Asset Management LLC, SoftVest Advisors, LLC and SoftVest, L.P. (collectively, the “Investor Group”), in Horizon Kinetics, LLC, et al.
  • v. Texas Pacific Land Corporation, (C.A.
  • As previously disclosed, on December 1, 2023, the Court of Chancery issued a post-trial decision ruling in favor of the Company.
  • On February 26, 2024, the Supreme Court affirmed the Court of Chancery’s post-trial decision and final judgment in favor of the Company.

Schulte Roth & Zabel Elects Six New Partners and Promotes Seven to Special Counsel

Retrieved on: 
Thursday, January 4, 2024
Professional Services, Legal, Finance, Lazarus, Olin Business School, NAV, Yeshiva University, Government, FINRA, Seton Hall University, Health, Binghamton University, University, Tufts University, Fordham University, Business, Bankruptcy, Texas Tech University, Fraud, American University, George Washington University, Delaware Supreme Court, Columbia Law School, Bullying, Safety, Creativity, Schulte Roth & Zabel, College, Kolby, Lawsuit, Insurance, Judgement, Policy, Partnership, Corporate law, Learning, Sale, Benjamin, School, Acquisition, Brandeis University, DOJ, Field, Holy Cross, Enforcement, Security (finance)

The firm is also pleased to announce the promotion of Mark Garibyan, Farzaan Ijaz, Kolby Loft, Andrew Mazzarella, Ryan Post, Gregory Springsted and Shannon Wolf to special counsel.

Key Points: 
  • The firm is also pleased to announce the promotion of Mark Garibyan, Farzaan Ijaz, Kolby Loft, Andrew Mazzarella, Ryan Post, Gregory Springsted and Shannon Wolf to special counsel.
  • “We’re proud to recognize the accomplishments and potential of these attorneys who have the insight, creativity and focus that define Schulte Roth & Zabel,” said David Efron, co-managing partner of the firm.
  • “Their capabilities and experience reflect the diversity of service our clients demand.”
    “The specialized expertise of our newly promoted partners and special counsel is particularly impressive,” said Marc Elovitz, co-managing partner of Schulte.
  • Sean’s experience also includes advising public company boards of directors and management teams on activism preparedness and defense.

Strive Urges McDonald's to Set Discrimination Aside and Put Shareholders First

Retrieved on: 
Wednesday, July 19, 2023
Asset Management, Professional Services, Finance, Supreme Court of the United States, Student, Fourteenth Amendment, Corporate governance, Macdonald, Harvard University, Civil Rights Act, Fair Admissions Campaign, Diversity, Supreme court, Law of the United Kingdom, DEI, Letter, Civil Rights Act of 1964, Delaware Supreme Court, Constitution, Management

Strive underscored that McDonald's diversity policies not only pose legal risks but financial risks as well.

Key Points: 
  • Strive underscored that McDonald's diversity policies not only pose legal risks but financial risks as well.
  • Consequently, McDonald’s policies are likely already costing shareholders and jeopardizing the company’s long-term value, even setting the legal risks aside.
  • "Prior to the Fair Admissions decision, many workplace DEI (Diversity, Equity, and Inclusion) programs were legally dubious,” stated Justin Danhof , Strive Head of Corporate Governance.
  • To comply with the law and safeguard shareholders from costly litigation, McDonald’s should swiftly eliminate these programs.”

Citizens for Judicial Fairness Condemns Delaware Old Boys’ Club After Twitter Lawsuit Against Wachtell Reveals Gross Overbilling from Former Judge Leo Strine

Retrieved on: 
Monday, July 10, 2023
Public Policy, Government, Legal, Internet, State, Local, Courts, Professional Services, Technology, Apps, Applications, Slate, Mississippi Chancery Courts, Justice, Wachtell, Lipton, Rosen & Katz, TransPerfect, Delaware Court of Chancery, Superior court, Citgo, X Corps, Delaware Court, Human, Lawyer, Language, Sale, Court of Chancery, Skadden, Arps, Slate, Meagher & Flom, Complaint, Burnham v. Superior Court of California, Elon Musk, Chancellor, Letter, Delaware Supreme Court, Corruption, Behavior, Chancery

Crucially, the lawsuit alleges boasting from Wachtell about their “preeminent Delaware litigation experience” given attorney Leo Strine’s former role as Chancery Court Chancellor and Delaware Supreme Court Chief Justice.

Key Points: 
  • Crucially, the lawsuit alleges boasting from Wachtell about their “preeminent Delaware litigation experience” given attorney Leo Strine’s former role as Chancery Court Chancellor and Delaware Supreme Court Chief Justice.
  • We condemn the Chancery Court, Wachtell, and Leo Strine for continuing to enable this bad behavior in case after case.
  • In 2022, Wachtell approached Twitter, touting its expertise in Delaware's litigation practices and highlighting the inclusion of Strine as part of their team.
  • For more information on Citizens for Judicial Fairness, visit citizensforjudicialfairness.org
    View source version on businesswire.com: https://www.businesswire.com/news/home/20230710064063/en/

Citizens for Judicial Fairness Applauds Nomination of N. Christopher Griffiths To Be Second Black Delaware Supreme Court Justice in History; Urges Further Diversification from Governor John Carney

Retrieved on: 
Friday, April 14, 2023
Public Policy, Government, State, Local, Courts, Court of Chancery, Delaware Supreme Court, National Black Justice Coalition, Black, Constitution, History, Chris Griffiths, Mississippi Chancery Courts, Supreme court

Said civil rights icon Reverend Al Sharpton, “Today, we celebrate the appointment of Chris Griffiths, a prominent Black attorney, to the highest court in Delaware. Tomorrow, we get right back to work to elevate many more like Chris Griffiths to important judgeships across Delaware's courts. The fight for diversity and inclusion is more than a righteous struggle to ensure more Black leaders have positions of power after centuries of exclusion -- it's a fundamentally American ideal that the institutions that shape the laws and policies that govern us must include voices from all of our communities. This is how we make real the promise of the Constitution's loftiest principles, and this is the fight we must continue into the future -- even as we take inspiration now from Chris Griffiths' well-deserved nomination."

Key Points: 
  • Said Keandra McDole, activist and Citizens for Judicial Fairness spokesperson, "N. Christopher Griffiths' nomination to be the second Black justice ever on the Delaware Supreme Court is a victory for all of us who have organized for courts that look like us rather than the all-white courts of old.
  • The Chancery Court remains all-white and Black justices continue to be drastically underrepresented in our state's top courts.
  • Said civil rights icon Reverend Al Sharpton, “Today, we celebrate the appointment of Chris Griffiths, a prominent Black attorney, to the highest court in Delaware.
  • Tomorrow, we get right back to work to elevate many more like Chris Griffiths to important judgeships across Delaware's courts.

Grassroots Activists’ Protest of All-White Delaware Courts Blocked by Campus Police

Retrieved on: 
Wednesday, April 5, 2023
Advocacy Group Opinion, Courts, State, Local, Public Policy, Government, University, Freedom, Speech, Delaware Supreme Court, Multimedia, Black, CJF, Court of Chancery, Citizenship, Supreme court, University of Delaware

Yesterday, grassroots activists partnered with Citizens for Judicial Fairness volunteers to protest an event with all-white panels of current and former Delaware Supreme Court Justices and other corporate legal elites in Newark, Delaware.

Key Points: 
  • Yesterday, grassroots activists partnered with Citizens for Judicial Fairness volunteers to protest an event with all-white panels of current and former Delaware Supreme Court Justices and other corporate legal elites in Newark, Delaware.
  • The peaceful protesters, who were there to draw attention to the Delaware court system’s egregious lack of diversity and the failure of influential former judges like Leo Strine to speak up in favor of diverse courts, had their freedom of speech attacked by University of Delaware campus police who forced them off the grounds of the campus.
  • While that wasn’t the case yesterday, we know that our message came through loud and clear: Delaware needs Black judges and to end our infamous tradition of all-white courts.
  • We won’t let legal elites like Leo Strine be complacent or comfortable with the current pathetic state of affairs on our courts.

HPM&B Obtains a Unanimous Defense Verdict in Nassau County

Retrieved on: 
Friday, April 7, 2023
Stroke, Delaware Supreme Court, Vertigo, HPM, Supreme court, Pharmaceutical industry, Dentistry

NEW YORK, April 7, 2023 /PRNewswire/ -- HPM&B Partners Michael Sullivan and Matthew Messina obtained a unanimous defense verdict in a Supreme Court, Nassau County medical malpractice case on February 21, 2023 after a two week trial.

Key Points: 
  • NEW YORK, April 7, 2023 /PRNewswire/ -- HPM&B Partners Michael Sullivan and Matthew Messina obtained a unanimous defense verdict in a Supreme Court, Nassau County medical malpractice case on February 21, 2023 after a two week trial.
  • The plaintiff was 35 years old and underwent a left labyrinthectomy surgery in September 2013 for the treatment of intractable vertigo and related symptoms.
  • In November 2013, plaintiff underwent a right endolymphatic sac decompression surgery in further treatment of her symptoms.
  • The jury unanimously agreed after eight days of testimony and forty minutes of deliberations before the Honorable Francis D. Ricigliano.

A New Day at Danco: Delaware Courts Clear Way for Era of Responsible Leadership and Governance at U.S. License Holder for Mifepristone

Retrieved on: 
Friday, March 24, 2023
FDA, Women, Consumer, Health, Pharmaceutical, Daniel, Partnership, Delaware Supreme Court, Danco, Delaware Court, Sale, Judgement, Animal rights, Hawkins, Delaware Court of Chancery, Regulation of tobacco by the U.S. Food and Drug Administration, News, Food, Chancery, Film industry, Mifepristone

The pair of Delaware court rulings follow decades of unnecessarily protracted litigation over the various ways Daniel was extracting financial benefits through his ultimate control of the enterprise.

Key Points: 
  • The pair of Delaware court rulings follow decades of unnecessarily protracted litigation over the various ways Daniel was extracting financial benefits through his ultimate control of the enterprise.
  • Not only is the irrevocable proxy the fulcrum of Daniel’s control over the enterprise; it is also the largest funnel through which he draws funds from the enterprise.
  • During his tenure, Daniel has collected at least $10.3 million in proxy fees on top of his annual salary, which exceeds $300,000.
  • Daniel also receives reoccurring revenue through an entity he controls that leases office space to related MedApproach ventures.