Litigation and Trial Practice

Commercial Litigation

Experience

State v. Fletcher, Del. Supreme

Court appointed amicus in statutory interpretation dispute.

San Antonio Fire & Police Pension Fund v. Amylin Pharmaceuticals, Inc., Del. Chancery

Defense of shareholder suit to invalidate provision in loan agreement

In re Babcock & Wilcox, Bankruptcy E.D.La.

Fraudulent conveyance action

Midland Credit Management, Inc. v. MBNA America Bank, N.A.

Action by purchaser of assets for fraudulent inducement, breach of contract and Arizona RICO arising from sale of charged-off credit card receivables.

Block Fin. Corp. v. Inisoft Corp., 2003 Del. Ch. LEXIS 2 (Del. Ch. 2003) (not reported)

Action by licensee of software for fraudulent inducement, economic duress and breach of contract to license software and counterclaims for trade secret misappropriation, arising from agreement to license software for use in on-line tax preparation. 
 

American Legacy Foundation v. Lorillard Tobacco Co., Court of Chancery (C.A. No. 19406)

Litigation regarding whether the American Legacy Foundation’s anti-tobacco marketing and advertising campaign directed at youth violated the terms of the Master Settlement Agreement resolving the various lawsuits filed by state attorneys general against the tobacco companies.

A summary judgment for our client was affirmed by the Delaware Supreme Court. Young Conaway served as co-counsel with Wilmer Cutler Pickering Hale and Dorr LLP.

Devon Mobile Communications Liquidating Trust v. Adelphia Communications Corp., Bankruptcy S.D.N.Y.

Fraudulent conveyance action

In re MBNA Corp. Securities Litigation, U.S.D.C. Delaware

Defense of shareholder class actions

Alro Associates, L.P. v. Hayward, Del. Chancery

Defense of RICO, contract and breach of fiduciary duty claims

Resources

Atkinson v. Taylor, U.S.D.C. Delaware

Eighth Amendment Violation

Creditron Financial Services, Inc. v. K2 Financial, U.S.D.C. W.D. Pa

Defense of breach of contract and tortious interference claims

In the Matter of Elaine Sullivan, Del. Chancery

Petition for instructions in real estate dispute

King v. Delmarva Power & Light Co., Delaware Superior Court

Official Comm. of Unsecured Creditors of McCrory Corp. v. Ricklis

Action by unsecured creditors committee against former directors of debtor, for breach of fiduciary duty, deepening insolvency and misrepresentation.

Relational Funding Corp. v. CTC Communications Corp.

Adversary action by financier to debtor concerning whether financing should be characterized as lease or disguised financing arrangement.

Saxton v. Harvey & Harvey, Inc.

Shelby County Health Care Corporation d/b/a/ Regional Medical Center v. Rook, et al.; U.S. District Court for the Western District of Tennessee (Western Division)

Action brought by a hospital seeking recovery of medical bills. YCS&T was able to successfully assist the participant/member of the Plan to submit necessary and required documentation that enabled the Plan to process claims that ultimately resulted in the plaintiff voluntarily dismissing the action against all defendants without engaging in extensive or expensive litigation.

Toy v. Plumbers Local No. 74, et al.; United States District Court for the District of Delaware

Action claiming wrongful denial of benefits and breach of fiduciary duties brought by a Delaware resident against the Plans who was forum shopping in order to try to take advantage of Pennsylvania's longer statute of limitations. Young Conaway was successful in establishing that venue was improper in Pennsylvania resulting in the case being transferred from the United States District Court for the Eastern District of Pennsylvania to the United States District Court for the District of Delaware.

YCS&T was successful in obtaining summary judgment dismissing the wrongful denial of benefits claim as being barred by the statute of limitations as well as dismissing the breach of fiduciary duty claim as failing to state a viable claim under federal law.
 

CC/USA Representative, Inc. v. Citizens Utilities Company, Del. Superior

Defense of breach of contract claim for earn out payment

Bell Atlantic Meridian Systems v. Octel Communications Corp., Del. Chancery

Defense of specific performance claim on distributorship contract

Acierno v. Marta, U.S.D.C. Delaware

Defense of RICO, contract and breach of fiduciary duty claims