Westlaw Journals weekly round-up

June 5, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law. Here are some highlights from the past week:


YouTube prank video OK as character evidence, Delaware high court rules: A Delaware trial judge properly admitted into evidence a YouTube video that showed a defendant pulling a prank and laughing, months after he was accused of murdering his infant daughter, the state high court has ruled. During the trial, Jason R. Gallaway testified that he was suicidal every day after his 3-month-old daughter died from severe brain injuries, and the video served to rebut his testimony, according to the unanimous Delaware Supreme Court opinion. (Computer & Internet)

Delaware high court forces Kuwaiti firm to fight Carlyle in Wilmington: Delaware’s highest court ruled May 29 that Kuwait-based global conglomerate National Industries Group must to come to the state to litigate a dispute over $25 million in failed mortgage-backed securities that the company bought from private equity giant Carlyle Group. The Delaware Supreme Court’s unanimous en banc opinion made it clear that international companies doing business with Delaware-chartered firms like Carlyle Group (that often specify the state’s Chancery Court for dispute resolution) must honor that commitment no matter what their nation’s law or courts may say. (Delaware Corporate)

Investor cold to Hot Topic buyout: Hot Topic Inc.’s pending $600 million sale to Sycamore Partners Management came about through a flawed sales process and should be stopped cold, a shareholder says in a Los Angeles federal court lawsuit. The company’s directors failed to secure the best possible price for the teen clothing and accessories retailer and breached their fiduciary duties to shareholders by agreeing to lock up the buyout with preclusive deal-protection devices, Nancy Davis alleges in her complaint filed in the U.S. District Court for the Central District of California. (Mergers & Acquisitions)

Women must choose between motherhood and Merck sales career, suit says: Thousands of female sales representatives for drug company Merck & Co. face discrimination and retaliation for pregnancy leaves, including lower pay and fewer promotions than men in the same positions, according to a federal court class action. According to the suit, filed in the U.S. District Court for the District of New Jersey, the pharmaceutical giant discourages managers from hiring women who are likely to take pregnancy leaves, which ultimately reduce sales numbers. (Employment)