C.A. No. 309, 2020 (Del. Aug. 5, 2021) – Connolly Gallagher attorneys Max Walton and Lauren Deluca secure affirmance of a Superior Court decision upholding the County’s deed restriction interpretation and rejecting the developer’s claim that private deed restrictions can supersede the County’s zoning authority.
— A.3d. –, 2021 WL 2644094, at *1 (Del. June 28, 2021) (en banc)
Max Walton successfully obtained reversal of a Court of Chancery decision in a corporate control and stock sale suit. The Delaware Supreme Court held that even if the court finds that a board acted in good faith when it approves a stock sale to an interested director, if the stock sale is for the primary purpose of interfering with statutory or voting rights of the shareholders, such a stock sale will only survive scrutiny if the board can demonstrate a compelling justification for the sale. The court went on to hold that a stock sale at an entirely fair price did not substitute for further equitable review.
Representing a publicly traded company in a dispute initiated by a former executive, the firm filed a motion to dismiss a Delaware Wage Payment and Collection Act claim. The plaintiff amended his complaint to assert a different state statutory claim related to wage payment. Following another motion to dismiss, the claim was dismissed with prejudice.
Connolly Gallagher attorneys Max Walton, Lisa Hatfield, and Brandon Harper defeated a motion for a preliminary injunction filed by Plaintiff claiming that a City of Rehoboth Beach policy, banning unattended displays (including a crèche that Plaintiff desired to erect on or near the City’s Bandstand), violated various constitutional provisions. The Court held that the City’s policy is constitutionally valid, and declared that other aspects of the case are moot or otherwise unripe. Plaintiff is represented by the First Liberty Institute and by Jones Day. https://www.cityofrehoboth.com/news/general/city-rehoboth-beach-secures-legal-victory-and-court-upholds-city-policy-regarding
Connolly Gallagher attorneys Max B. Walton, Matthew F. Boyer, and Trisha W. Hall acted as co-counsel with the Department of Justice in an expedited matter to successfully defend the General Assembly’s ballot in hand on election day deadline for receipt of ballots, prevailing on several as applied state constitutional law challenges to the deadline.
Connolly Gallagher attorneys Max B. Walton, Arthur G. Connolly III, Matthew F. Boyer, and Lisa R. Hatfield obtained dismissal of all but one count of a complaint against the Delaware State Esheator relating to audits performed in the State’s unclaimed property program. The Court dismissed numerous claims outright, dismissed other constitutional claims as unripe, and denied Plaintiffs’ request for a preliminary injunction. The case is on appeal to the Third Circuit.
Connolly Gallagher attorneys Max B. Walton and Lauren P. DeLuca successfully defended a challenge to New Castle County’s interpretation of an agreement regarding the provision of sewer service. The Court dismissed all counts of an eleven count complaint, holding that the property owners’ complaint was not ripe.
Connolly Gallagher attorneys Max B. Walton, Matthew F. Boyer, and Trisha W. Hall acted as co-counsel with the Department of Justice in an expedited matter to successfully defend the General Assembly’s approval of vote by mail for the 2020 election – and prevailed on several state constitutional challenges to the vote by mail statute.
Connolly Gallagher attorneys Max B. Walton and Lauren P. DeLuca successfully defended New Castle County’s determination that deed restrictions in the Pike Creek Valley do not supersede the County’s zoning and land use authority for the area. The Court determined that the applicable restrictive covenant is in addition to, not preemptive of, the UDC density rules. The case is on appeal to the Delaware Supreme Court.
Won client, Norman and Robert Aerenson ( “Aerenson Defendants”) summary judgment on RICO allegations and tortious interference of contract.
Connolly Gallagher attorneys Max B. Walton and Aaron Shapiro achieved dismissal of plaintiff’s complaint challenging the City’s compliance with a settlement agreement. The Superior Court held that plaintiff’s challenge was barred by the applicable statute of limitations and that plaintiff’s complaint failed to state a claim under the plain language of the settlement agreement in dispute
The donee of a power of appointment over a trust tried to bargain away his exercise of the power as part of a Nevada divorce settlement in 1962—although in later years he came to understand that he lacked the legal power to do so, and therefore exercised the power in a different manner under his 2015 will. The would-be beneficiaries under his 1962 attempt to bargain away the power contended that the purported 1962 exercise should be upheld. Connolly Gallagher lawyers successfully argued before the Delaware Court of Chancery that the purported 1962 exercise was invalid, and that only the exercise of the power under the donee’s 2015 will should be given effect.
Upon petition by Connolly Gallagher attorneys, the Delaware Court of Chancery exercised its equitable power of deviation to modify a trust’s provisions regarding the selection of members of a committee playing a role in the trust’s governance.
Upon petition by Connolly Gallagher attorneys, the Delaware Court of Chancery exercised its equitable power of deviation to modify a trust’s provisions regarding the selection of members of a committee playing a role in the trust’s governance.
The grantor of a trust named as contingent beneficiaries the descendants of his first cousins, bypassing certain other relatives. In a trust construction action before the Delaware Court of Chancery, Connolly Gallagher attorneys vindicated the rights of the modern-day descendants of the grantor’s first cousins against a challenge by the bypassed relatives.
Co-trustees and beneficiaries battled over whether a trust—whose grantor had formed it with the primary goal of funding tuitions for her grandchildren—should indeed fund those tuitions. Connolly Gallagher attorneys were part of a team of lawyers achieving a settlement for their client (a co-trustee and proponent of funding tuitions as the grantor intended), resulting in a division of the trust between family groups.
This family dispute involved contested actual and potential decantings to remove a beneficiary’s powers of appointment over several family trusts. Connolly Gallagher attorneys accomplished an advantageous settlement for their clients.
Connolly Gallagher attorney Greg Weinig served as a court-appointed guardian ad litem for unborn issue in a trust construction case, ultimately brokering a court-approved settlement among the contending parties.
A Delaware Asset Protection Trust was attacked by creditors of the grantor. Connolly Gallagher attorneys protected the interests of the institutional trustee, including shepherding the client through the electronic discovery process, while securing full payment of the client’s fees.
The Supreme Court of Delaware affirmed the result of two Delaware Court of Chancery decisions, including the significant holding that a signed trust document establishing an apparently funded trust had not, in fact, actually created a trust because the grantors hadn’t intended it to do so. Connolly Gallagher attorneys served as part of the team that mounted the successful defense on appeal.
As part of a victorious collaborative effort in which their clients prevailed on all issues, Connolly Gallagher attorneys litigated a complex and high-stakes trust construction case, involving dueling trust instruments, the effect of an adult adoptee and a unique controversy concerning grantor intent.
The Chancellor of the Delaware Court of Chancery upheld the decision of a Master in Chancery regarding the proper amount of a widow’s elective share. Both the Chancellor and the Master agreed with the expert witness opinion of Connolly Gallagher attorney Greg Weinig as to the precise figure.
Connolly Gallagher attorneys accomplished a favorable settlement on behalf of their clients, two charitable remainder beneficiaries, in a dispute over the life tenant’s wasting of the trust corpus.
Connolly Gallagher attorneys helped accomplish a result whereby the Delaware Court of Chancery voided the economic interest of a potential trust beneficiary, adopted as an adult, who had acted inequitably.
Connolly Gallagher attorneys fought to uphold their client’s right to have mortgages on properties she inherited from her late husband paid off by her husband’s trust, resulting in a favorable settlement for their client.
In a real estate title dispute over a large farm property that wound its way through a maze of old deeds, wills, trusts, estates, and court petitions — running the gamut of legal doctrines concerning all of these topics — Connolly Gallagher attorneys helped save the client’s title to the property, accomplishing this on a motion for summary judgment in the Delaware Superior Court.
The Delaware Court of Chancery granted the petition of Connolly Gallagher attorneys to have a conformed copy of a will admitted to probate.
When an individual trustee feigned ignorance of the trust’s assets and pretended that the trust lacked sufficient resources to pay a large bequest to his father’s elderly wife, Connolly Gallagher attorneys swiftly brought expedited proceedings in the Delaware Court of Chancery, shortly achieving the full payment of the bequest to the client.
In a Delaware case applying Florida law, Connolly Gallagher attorneys secured a decision on summary judgment that a woman had the right to change her trust, where the document did not specifically authorize amendment.
In a domestic dispute that ripened into an estate litigation because one party died before the divorce became final, Connolly Gallagher attorneys successfully blocked the spouse whose resources had acquired the marital home from receiving all proceeds of the sale in contravention of the prenuptial agreement. A similar result was reached regarding the stock portfolio.
Connolly Gallagher attorneys successfully fought off an attempted will and trust challenge, resulting in the suit’s dismissal by the Delaware Court of Chancery.
Amidst a tri-partite will contest, Connolly Gallagher attorney Greg Weinig achieved a favorable settlement result for the client.
In disposing of a will contest, Connolly Gallagher attorneys filed a motion to dismiss that was promptly granted.
Connolly Gallagher attorney Greg Weinig assisted in getting a South American will admitted to probate amidst the backdrop of a hotly-contested estate and trust litigation matter.
The Supreme Court of Delaware affirmed the Court of Chancery’s granting of summary judgment to majority owners of a partnership on the basis of laches. Connolly Gallagher attorney Greg Weinig primarily authored the appellees’ successful brief.
Connolly Gallagher attorney Greg Weinig helped defend majority owners in a partnership against various minority owner claims. The Delaware Court of Chancery granted summary judgment to the majority owners on grounds of both statutes of limitation and laches.
The Supreme Court of Delaware affirmed the Delaware Court of Chancery ruling that a trust beneficiary held a general power of appointment over a trust. Connolly Gallagher attorney Greg Weinig primarily authored the appellee’s successful brief.
Connolly Gallagher attorneys Max B. Walton and Kyle Evans Gay successfully defended New Castle County in a challenge to a County decision regarding the Southern Sewer Service Area. The Court dismissed a myriad of claims, including substantive due process claims, equal protection claims, takings claims, contract zoning claims, and estoppel claims. The decision of the Court of Chancery was affirmed by the Delaware Supreme Court.
On behalf of Comcast of Delmarva, Connolly Gallagher successfully intervened in an expedited litigation brought by Mediacom wherein it sought a declaration that a multi-million dollar bulk services contract had been renewed and an injunction preventing Sea Colony from proceeding with Comcast, with whom Sea Colony had negotiated a new multi-million dollar bulk services contract.
Court appointed assistant to Special Master Boyer
Successful defense of State of Delaware’s last, best and final bargaining position at interest arbitration.
Successful defense of State’s last, best and final bargaining position at interest arbitration.
Successful defense of the employer’s change to overtime eligibility rules and terms of compensation.
Successful defense of transit company’s dismissal of a bus driver for assaulting a passenger.
Successfully challenged the inclusion of supervisory employees in a newly designated bargaining unit.
Represented the Port in a challenge to the employer’s authority to require transitioning casual employees to complete drug screening.
Represented the State of Delaware in an action challenging the employer’s authority to utilize time clocks, and the calculation of compensable time under a new time keeping system.
Represented the State of Delaware in an action challenging the employer’s authority to withhold federal wage tax for work uniforms.
Service of complaint on Canadian defendant pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters; service of complaint on Kenyan defendants; prepare service of process papers and work with Kenyan counsel regarding service of same.
Successfully mediated dispute and obtained settlement on behalf of German insurance company, Great Lakes Reinsurance (UK) PLC, in federal court.
Obtained settlement for corporate client in federal court case involving alleged violations of the Cable Communications Act.
Obtained favorable ruling on appeal for Delaware nursing school in state court reversing a decision of an administrative board.
Obtained favorable arbitration ruling for employer in breach of contract action.
Drafted and successfully argued Motion to Expedite Proceedings and accompanying briefs in Court of Chancery.
Conducted direct and cross examinations of witnesses and obtained favorable judgment for client, DPS, in arbitration proceeding in breach of contract action.
Obtained summary judgment for international corporate client in lawsuit alleging claims of age and sex discrimination in state court.
Obtained summary judgment in ADA, Title VII, ADEA matters in federal court.
Drafted release and indemnification agreement for large retail bank.
Obtained enforcement and recognition of Foreign Country Money Judgment on behalf of Barbados client.
Obtained motion to dismiss for Fortune 500 car manufacturer [General Motors LLC] in case involving alleged violations of employment discrimination laws, labor laws, tort law and the terms of an employee insurance policy.
Obtained favorable jury verdict after a four-day trial for employer in case involving claims of discrimination under Title VII, ADA, FMLA and Delaware discrimination statutes.
Obtained favorable ruling on motion for reargument in federal court on behalf of employer.
Successfully negotiated a standstill and garden leave agreement on behalf of Fortune 500 bank.
Successfully argued motion to dismiss before Chief Judge Leonard P. Stark and obtained motion to dismiss on behalf of corporate defendant, Premier MDS Global IT, LLC, in non-compete and business tort case.
Successfully defended Comcast of Delmarva, LLC in commercial contract dispute between Sea Colony Recreational Association, Inc. and Mediacom Delaware LLC
Connolly Gallagher attorneys Max B. Walton and Kyle Evans Gay obtained reversal of a Superior Court decision holding that a land owner had acquired, via a pair of 2005 Stipulations and Orders, perpetual vested rights to develop property under prior land use ordinances. In an en banc unanimous opinion, the Delaware Supreme Court held that neither the prior stipulated orders nor the doctrine of vested rights precludes the Town from enacting police power regulations concerning the business park.
In one of the first appeals of an Attorney General’s Opinion under an amended provision of the Delaware Freedom of Information Act (“FOIA”), on an issue of first impression, the Superior Court held that the Office of the Governor did not violate FOIA when it withheld legislatively exempt and privileged communications from a FOIA requestor. The Office of the Governor was represented on appeal by Connolly Gallagher attorneys Max B. Walton and Kyle Evans Gay.
Obtained preliminary injunction on behalf of corporate client in a non-compete and misappropriation of trade secrets case against a former employee.
Represented defendant and successfully opposed Plaintiff’s motion for a temporary restraining order and preliminary injunction and its cause of action for a permanent injunction.
Represented international accounting and auditing firm in connection with a suit involving disputed issues regarding a $5.3 billion merger agreement between two public companies. Settled April, 2017.
Representing the CFO of a publicly traded Delaware corporation in a pending stockholder derivative and class action suit in which a stockholder alleges breaches of fiduciary duty and other claims.
Successfully represented successor general partner of Delaware limited partnership in suit regarding validity of removal of the original general partner and determination of the general partner’s post-removal status and economic interest with respect to the partnership. On 3/10/17, the Delaware Supreme Court affirmed the Court of Chancery’s determination of the nature and extent of the original general partner’s post-removal legal and economic status.
Representing corporate buyer of commercial transport business in suit regarding alleged fraud and breaches or representations and warranties in connection with a merger agreement.
In a seven count suit brought by a condominium association against the former condominium developers and three individuals, Connolly Gallagher attorneys Max B. Walton and N. Christopher Griffiths moved to dismiss all counts on statute of limitations and other procedural grounds. Following oral argument on September 2, 2016, the Honorable Judge Bradley dismissed all claims with prejudice from the bench.
Connolly Gallagher attorneys Max B. Walton, Mathew F. Boyer and Arthur (“Chip”) G. Connolly III successfully defended the City of Rehoboth Beach in a challenge to a voting provision authorizing a 52.5 million dollar bond referendum. In the District Court litigation, the case was dismissed on standing grounds. On appeal, the City argued that the doctrine of municipal taxpayer standing did not provide the plaintiff a right to challenge the referendum voting provisions authorized by the City’s charter. The Third Circuit upheld the dismissal of the case and the standing determination of the District Court.
Connolly Gallagher attorney Max B. Walton, representing the City, defeated a request for a temporary restraining order seeking to enjoin a statute establishing a six month ownership requirement for non-resident voting on a theory that that the ownership statute is unconstitutional. Following denial of the temporary restraining order request, the voting rights claims were dismissed with prejudice by the parties and all claims in the case were dismissed on October 2, 2015.
Representing the Board of Canvass in Kent County, Timothy M. Holly and Max B. Walton teamed to obtain dismissal of an original jurisdiction certiorari action filed in the Delaware Supreme Court. The Court ruled that because Plaintiff initially filed in the wrong court and sought the wrong remedy, the certiorari action was time barred.
Connolly Gallagher attorney Max B. Walton, on behalf of the City of Newark, successfully obtained denial of a request for a temporary restraining order seeking to enjoin proceedings before the City’s Board of Adjustment. Holding that Traders Alley failed to meet is burden under either the temporary restraining order standard or the motion to expedite standard, the Court held that Plaintiff: (1) failed to establish a due process violation; and (2) “offered no persuasive reason for circumventing the exhaustion of administrative remedies doctrine.”
Serving as co-counsel to the Department of Justice, successfully defended the State Board of Education, the Department of Education, and the Delaware Secretary of Education against a motion for preliminary injunction in an expedited litigation in the Court of Chancery. Following briefing on a motion for preliminary injunction and a motion to dismiss, the Court of Chancery held that (1) a Delaware charter school does not have a constitutionally protected property interest in its school charter and (2) students do not have a protected property interest in graduating from a charter school where they are enrolled.
In a series of petitions for construction by the trustees of various family trusts, Connolly Gallagher attorney Scott Swenson helped protect the interests of certain beneficiaries in the ultimate resolution of a long running intra-family dispute.
Faced with a challenge to the constitutionality of Delaware’s gross receipts tax on the part of the successors-in-interest to GM, Chrysler and Saturn, Connolly Gallagher attorneys obtained a favorable result on behalf of its client, the State of Delaware.
Challenging the validity of a will and trust created by a decedent while subject to a Court of Chancery guardianship, Connolly Gallagher attorney Scott Swenson secured a favorable settlement on behalf of the petitioners.
Connolly Gallagher attorneys served as Delaware counsel for Comcast IP Holdings I, LLC, in a patent infringement litigation against Sprint Communications Company L.P., Sprint Spectrum L.P., and Nextel Operations, Inc. Following a week-long trial, the jury returned a verdict in favor of Comcast finding that Sprint infringed three Comcast patents through Sprint Mobile Integration, Google Voice on Sprint, and Airave 2 small cell services. The jury awarded Comcast $7.5 million in damages. Davis Polk & Wardwell LLP served as lead counsel.
Environmental Appeals Board – April 8, 2014
Acting as special counsel for DNREC in decision regarding the Delaware City Refinery, obtained a unanimous dismissal of a challenge to the Secretary’s order allowing modifications to an existing air permit. The case is currently on appeal.
Connolly Gallagher attorneys achieved dismissal of numerous claims by plaintiffs, including tort, slander of title, and fraud claims, on statute of limitations grounds.
On a motion to enforce a settlement agreement, successfully defended New Castle County against a claim that the County did not meet the requirements of 9 Del. C. § 3010 when setting Department of Land Use fee schedules.
In the longstanding dispute over the meaning of restrictions on the Pike Creek Golf Course, Connolly Gallagher obtained a declaratory judgment that a minimum of 130 acres of the golf course must be preserved for an 18-hole golf course use. The Court also rejected the developer’s numerous claims that the restrictions on the golf course should not apply to a proposed housing development, and held that the developer must follow the County’s restriction change and obtain County Council approval if the developer seeks to build in contravention of the applicable restrictions.
In this case, the Court granted New Castle County’s motion for clarification of the 130-acre, 18-hole golf course requirement for the Pike Creek Golf Course and denied the developer’s motions to seeking to overturn the Court’s initial rulings.
Connolly Gallagher attorneys successfully argued that a person needed a guardian, against the wishes of his wife, and succeeded in having one of his children appointed as his co-guardian.
Obtained a judgment after trial that established clients’ easement rights in a commercial property and their ability to maintain and use those rights free from interference; also obtained an award of attorneys’ fees and costs against the defendants.
Connolly Gallagher attorneys served as Delaware counsel for PricewaterhouseCoopers LLP in stockholder litigation arising from financial irregularities at AIG. The Court of Chancery dismissed the claims against PwC. The Delaware Supreme Court affirmed that decision. Those opinions can be found at 965 A.2d 763 (Del. Ch. 2009) and 11 A.3d 228 (Del. 2011), respectively.
Represented bank “co-invest fund” as a nominal defendant in derivative litigation brought to recover alleged investment losses (opinion at 2013 WL 458373).
Served as Delaware counsel with Jones Day in successful defense of suit by GE to block substantial reinsurance transaction.
Represented special subcommittee of board of directors of Barnes & Noble, Inc.
Successful representation of closely-held business in dispute over corporate control, settled favorably after a two-week trial (opinion reported at 2010 WL 2367669).
Connolly Gallagher attorneys successfully defended the City of Wilmington’s ability to bypass the low-bid system when soliciting professional services to manage its waste water treatment plant.
Achieving, on behalf of New Castle County, dismissal of numerous constitutional challenges relating to alleged election law violations.
Connolly Gallagher attorneys defeated, on a motion to dismiss, numerous constitutional claims relating to Plaintiffs’ numerous losses in prior cases – virtually all of which were defended by attorneys at our firm.
Connolly Gallagher attorneys achieved dismissal of a developer’s challenge to New Castle County’s decision to expire the Christiana Fashion Center’s land development plan for failure to receive the required letter of approval from the Delaware Department of Transportation.
Obtained a more than $5 million judgment against a defaulting commercial tenant and was awarded possession in a parallel summary possession action in the Justice of the Peace Court.
Successfully negotiated a significant settlement for client who filed a complaint seeking damages for lost profits after his used cooking oil recycling company was destroyed after its delivery truck was totaled in a motor vehicle accident.
Obtained approval from Sussex County for an amendment to a condition use permit.
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