“We are dedicated to providing innovative and effective ways to serve the needs of our clients and community." - Keith Donovan, Managing Partner.
Below is a sampling of our client service achievements.
The De-Segregation of Schools in New Castle County
In 1976, the Third Circuit Court of Appeals affirmed a determination that, in order to desegregate the schools in Northern New Castle County, it was necessary to consolidate the 11 suburban school districts with the Wilmington School District. The court created the New Castle County Planning Board of Education to implement the desegregation remedy. Morris James was retained to represent this Planning Board. Prior to this engagement, Morris James did not represent any Delaware school districts. Read more.
Preserving the Town of Elsmere from Unwanted Noise and Air Pollution
In August 1983, officials from Chessie Systems, Inc., formerly the Chesapeake and Ohio, and Baltimore and Ohio Railroads, announced a planned $33 million expansion of its then existing Wilsmere switching yard in Elsmere, Delaware. The expansion required a rezoning of 17 acres adjoining the property as well as some specific building permits. The project’s intent was to convert the yard to a “containerized freight terminal,” better known as a piggyback operation. When completed the project would result in approximately 1000 trucks per day bringing containers to the yard which would be picked up by specialized cranes and placed on flatbed train cars. (This process was relatively new in 1983.) Read more.
Cutting Edge Litigation Results
From the mid-1980’s through the present, Morris James has been involved in cutting edge litigation in the Delaware Court of Chancery and the Delaware Supreme Court, resulting in precedents which continue as guidance and persuasive authority. A sampling of the cases is listed below:
- ANR Pipeline Co. v. Shell Oil Co., 525 A.2d 991 (Del. 1987): reversing dismissal based on forum non conveniens and announcing standard requiring party who filed second-filed action to show inconvenience and hardship sufficient to overcome priority of first-filed action
- Aprahamian v. HBO & Co., 531 A.2d 1204 (Del. Ch. 1987): enjoining defendants from postponing the date of its annual meeting on the eve of its occurring because the incumbent directors failed to demonstrate that the stockholders’ interests would be served by its postponement
- Citadel Holding Corp. v. Roven, 603 A.2d 818 (Del. 1992): upholding advancement for counterclaim by defendant officer
- Emerald Partners v. Berlin, 840 A.2d 641 (Del. 2003): affirming the Court of Chancery's determination that defendants met their burden post-trial of proving fairness of merger transaction with interested stockholder, officer and director
- Kaplan v. Wyatt, 499 A.2d 1184 (Del. 1985) affirming Kaplan v. Wyatt, 484 A.2d 501 (Del. Ch. 1984): Delaware Supreme Court upholds first ever dismissal by the Court of Chancery of a derivative claim based on a motion of a special litigation committee
- Nottingham Partners v. Dana, 564 A.2d 1089 (Del. 1989): upholding release of stockholder claims in state class action settlement despite pending Federal action by class members
- Paramount Communications Inc. v. Time Inc., 571 A.2d 1140 (Del. 1989): represented intervenors in landmark decision upholding merger as meeting Unocal standard
- In re Paramount Gold and Silver Corp. Stockholders Litig., 2017 WL 1372659 (Del. Ch. Apr. 13, 2017): granting dismissal of claims against director defendants under Corwin doctrine
- Schroeder v. Buhannic, 2018 WL11264517 (Jan. 10, 2018): Order in expedited Section 225 action upholding incumbent CEO’s interpretation of by-laws and rejecting written consent purporting to remove him from office
- The Union Illinois 1995 Investment L.P. v. Union Financial Group, Ltd., 847 A.2d 340 (Del. Ch. 2004): Court of Chancery holds merger price derived from well-run sale process best evidence of fair value in an appraisal case
Representation of Radio One before Delaware Supreme Court
Morris James successfully represented Radio One before the Supreme Court, which upheld the Superior Court’s interpretation of a “complicated” agreement between Radio One and another broadcaster. The ruling by the Supreme Court further confirms the appropriateness of resolving complex contract interpretation issues through summary judgment. Read more.
Representation of Class Representatives for Victims in Bankruptcy Cases of The Weinstein Companies Holdings, LLC
Morris James represents the class representatives for the victims of Harvey Weinstein and The Weinstein Company, the largest creditor constituency in the Weinstein Company bankruptcy cases. Read more.
Morris James Defended the Highest Volume of Patent Accusations in 2019
Docket Navigator's Year in Review 2019 report tracked patent litigation trends and provided insights obtained from quantitative data about district court cases. Docket Navigator is a patent litigation intelligence platform that tracks over 15,000 judges, lawyers and legal professionals. Read more.
Morris James Won Rare $1.6M Fee for Chapter 11 Aid
Morris James represented the ad-hoc Construction Lienholder Group in the M&G bankruptcy cases, resulting in a rare allowance of $1.6 million legal fees and expenses after a bankruptcy judge found they made substantial contributions to M&G’s Chapter 11 cases. Read more.
$236 Million Verdict for Cirba Inc. in Patent Infringement Case
A Delaware federal jury hit VMware Inc. with a roughly $236 million verdict after finding the tech giant willfully infringed two of smaller rival Cirba Inc.'s patents. Read more.
Representation of Dermody Properties in its Acquisition and Development of the General Motors Boxwood Plant
Morris James handled all approvals including subdivision, zoning variances, building code and environmental for new Amazon logistics center, which will be the largest building ever constructed in the state. This project brought over 1,000 jobs to Delaware. Read more.
First U.S. Lawsuit Filed Against Aziyo Biologics, Inc. and Medtronic, Inc.
Morris James is currently representing nearly 30 victims of the tuberculosis-tainted FiberCel Viable Bone Matrix recall. Read more.
Notable Client Service
- The De-Segregation of Schools in New Castle County
- Preserving the Town of Elsmere from Unwanted Noise and Air Pollution
- Cutting Edge Litigation Results
- Representation of Radio One before Delaware Supreme Court
- Representation of Class Representatives for Victims in Bankruptcy Cases of The Weinstein Companies Holdings, LLC
- Morris James Defended the Highest Volume of Patent Accusations in 2019
- Morris James Won Rare $1.6M Fee for Chapter 11 Aid
- $236 Million Verdict for Cirba Inc. in Patent Infringement Case
- Representation of Dermody Properties in its Acquisition and Development of the General Motors Boxwood Plant
- First U.S. Lawsuit Filed Against Aziyo Biologics, Inc. and Medtronic, Inc.