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
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.
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.
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.
Max B. Walton and N. Christopher Griffiths successfully defended all challenges made to a code interpretation rendered by the Building Official and Planning Director of the City of Newark that was vigorously disputed by both the property owner and the adjoining landowner. The case is currently on appeal to the Superior Court.
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.
City of Newark Board of Adjustment – April 30, 2014
Successful defense of a high profile zoning verification decision by the City of Newark’s Planning Director regarding a proposed data center use at the University of Delaware’s STAR campus.
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.
Coastal Zone Industrial Control Board – August 13, 2013
Acting as special counsel for DNREC, obtained a unanimous dismissal of a Coastal Zone Act challenge to an order of the Secretary on standing grounds. The case is currently on appeal.
Successfully represented the Town of Bethany Beach in 2013 and 2014 in developing a new Commercial Lodging District, obtaining PLUS approval of the proposed zoning and comprehensive plan revisions, and represented the Town in the controversial rezoning of the Bethany Arms Motel property without legal challenge.
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.
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.
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.
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.
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.
Successfully defended a liquor license application against a public protest before the Delaware Alcoholic Beverage Control Commission.
Successfully dismissed a complaint against client from the Board of Cosmetology and Barbering.
After successfully defending the City of Rehoboth Beach’s decision to downzone certain properties in the Court of Chancery, Connolly Gallagher attorneys successfully defended the appeal before the Delaware Supreme Court.
Our attorneys obtained outright dismissal of a high profile action against the Delaware Department of Transportation for DelDOT’s unwillingness to grant a letter of approval for a development project.
Successfully confirmed an arbitration award for client.
Prevailed in obtaining dismissal, affirmed on appeal, of a derivative suit against Boston Chicken, Inc. and its directors, arising out of the company’s initial public offering (opinion reported at 682 A.2d 160).
Succeeded in confirming removal of general partner of Enron-related entity) (opinion reported at 794 A.2d 1276).
Connolly Gallagher represented successful bidder for Delaware state lottery contract.
Prevailed in complex contract case; court awarded attorneys’ fees, noting “extremely complex nature of the litigation” and “high quality of the specialized legal services provided” (opinion reported at 2006 WL 246572).
Represented TLC Beatrice in derivative suit arising out of alleged breaches of fiduciary duty (opinions reported at 1997 WL 305829, 1997 WL 208962, and 1996 WL 608492).
Connolly Gallagher represented Penn Engineering in an appraisal action pursuant to 8 Del. C. _ 262. The matter was settled.
Represented wastewater treatment contractor in AAA commercial arbitration to resolve multi-million-dollar contract dispute.
Successfully defended complex contract case involving four-week trial and appeal (opinion at 1987 WL 16784).
Served as co-counsel for Napster, Inc. in successful defense of proceedings to determine composition of board of directors.
Connolly Gallagher served as Delaware counsel in the representation of a bank holding company and its affiliates concerning alleged breaches of contract and business torts arising in connection with the transfer of a $12 billion credit card portfolio.
Successfully defended WMX Technologies and its board of directors in stockholder suit arising from Dutch auction self-tender offer for publicly traded stock (opinion reported at 1998 WL 668649; affirmed on appeal).
Represented corporate executive in stockholder class action arising out of the sale of Denver Broncos & Colorado Avalanche sports teams and Denver Pepsi Center sports complex.
Represented ChemWaste and its board of directors in stockholder class action arising out of “going-private” merger transaction.
Stockholder class action and derivative suit challenging proposed merger between Intermedia, Inc. and WorldCom, Inc. (opinions reported at 2000 WL 1654504, and 2000 WL 1847679).
Represented PeopleSoft relating to 2005 settlement of class action arising from Oracle’s proposed takeover.
Successfully represented outside directors in stockholder suit and D&O insurance coverage suit arising from corporate “split-off” transaction.
Successful defense of stockholder class action arising out of “going-private” merger transaction.
Successful defense of stockholder suit arising from merger between Wheelabrator and Waste Management (opinions reported at 663 A.2d 1194, 1992 WL 212595, and 1990 WL 143839).
Connolly Gallagher attorney Ryan Newell represented nominal defendant Citigroup regarding a derivative claim for waste.
Connolly Gallagher attorneys represented a member of an LLC in two related actions concerning a petition for dissolution of an LLC. Both matters were resolved in mediation.
Connolly Gallagher attorneys successfully defended a director and board chairman of Transkaryotic Therapies (“TKT”) for alleged breach of fiduciary duty in connection with TKT’s acquisition by Shire Pharmaceuticals Group plc. The Court of Chancery’s opinion granting summary judgment can be found at 954 A.2d 346 (Del. Ch. 2008).
Connolly Gallagher served as Delaware counsel in successful defense of derivative action against directors and officers of Yahoo!.
Successful representation of bidder challenging contract procurement and application of prevailing wage law (opinion reported at 1991 WL 224575).
Obtained substantial jury verdict in complex contract dispute after six-week trial in South Carolina federal court.
Represented Supercuts in defense of advance indemnification suit by former corporate official under 8 Del. C. _ 145 (opinion reported at 1996 WL 560191).
Served as Delaware counsel for limited partnership awarded judgment for $30 million against former general partner removed due to Enron-related activities.
Connolly Gallagher attorney Ryan Newell represented Merisel regarding Merisel’s entitlement to a reverse break-up fee. American Capital Strategies terminated the parties’ merger agreement claiming a material adverse effect. The matter was resolved in mediation in the Court of Chancery.
Successful prosecution of suit for control of board of directors of Federal News Service, Inc. (opinion reported at 2002 WL 1402233).
Connolly Gallagher attorney Ryan Newell represented Rohm & Haas Company seeking injunctive relief to prevent disclosure of trade secrets and proprietary information. The matter was settled.
Connolly Gallagher attorneys served as Delaware counsel for Rohm and Haas Company in an expedited litigation in the Court of Chancery. In 2009, Rohm and Haas brought suit against Dow seeking specific performance of Dow’s agreement to acquire Rohm and Haas in a $15 billion transaction. The acquisition was completed based on a settlement reached on the first day of trial.
Successfully defended suit by Delaware Securities Commissioner vs. investment management firm (opinion reported at 2004 WL 93945)
Successfully represented investor in appraisal action arising from “going-private” merger involving publicly traded REIT (opinion reported at 1996 WL 159626).
Represented defendants in stockholder class action arising out of merger between The Brand Companies, Inc. and Rust International Inc.
Served as Delaware counsel in successful prosecution of suit for violation of rights of preferred stockholders (opinion reported at 2001 WL 1117505).
Connolly Gallagher successfully obtained the imposition of a constructive trust in this action regarding the breach by majority shareholders of the duty of loyalty.
Connolly Gallagher attorneys successfully defended against constitutional attack a state statute requiring candidates to post a filing fee, set by their party, in order to participate in their party’s primary.
Connolly Gallagher attorneys successfully argued the constitutionality of Wilmington’s ordinance against loitering for purposes of soliciting prostitution.
Connolly Gallagher attorneys successfully argued that the failure of dissenters to make use of the party’s internal appeals procedure left them with no recourse in the Court of Chancery.
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.
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.
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.
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