SCOTUS’ Purdue Pharma position could shake up Boy Scout settlement, objectors say

Delaware Business Court Insider

The U.S. Supreme Court has only agreed to consider one Chapter 11 bankruptcy plan that includes billions in settlement funds and contested release terms, but its decision—affecting the opioid settlement—has the potential to make or break a second mass tort resolution, lawyers said.

Both Purdue Pharma and the Boy Scouts of America have approved plans that release the claims of third parties without requiring those parties’ consent. In both cases, objectors say bankruptcy courts don’t have the authority to approve plans that include that type of release.

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New demand futility test expected to streamline litigation in derivative lawsuits

Delaware Business Court Insider

The Delaware Supreme Court’s decision last week to do away with a two-test system will likely lighten litigators’ workload across the board in derivative cases, experts say.

The opinion Justice Tamika Montgomery-Reeves wrote in a Facebook shareholders case replacing the separate but long-muddled Aronson and Rales tests with a single three-step test that combines the two is expected not to change the results of testing for demand futility, but to drastically simplify and make consistent the path to those results.

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With end to pandemic restrictions in sight, bankruptcy attorneys don’t know what to expect next

Delaware Law Weekly

Bankruptcy attorneys aren’t sure what to expect in the upcoming months as they wait to see the effects a number of pandemic-related factors will have on businesses. 

With some COVID-19-related restrictions being lifted recently and making it easier for many companies to get at least partially back to business as usual, there has been a slowdown in filings nationwide throughout the first half of 2021, with an increase just beginning. 

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The cost of care: Patients, facilities struggle to cover expenses at long-term care facilities

The Daily Republic

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Julie Yager’s 92-year-old father died in February, but her struggle with the nursing home he had lived in didn’t end until months later.

Yager, who was not legally responsible for her father, Peter Oberosler, at the time of his death, began receiving bills for his stay at the Good Samaritan Society in Corsica.

“I thought I had made myself pretty straight, that I wasn’t financially responsible for the debt and that my dad didn’t have the money, and they didn’t deserve it,” Yager said, referencing a call she made about a bill she was sent in February. “So I thought that would be the end of it, but I continued to get billings.”

Dealing with attempted murder cases, charges

The Daily Republic

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Dawn Long and Mark Cook’s cases may not have had much else in common, but they did begin and end with the same charges.

Both were at one point charged with attempted murder and, like many across the state who faced similar charges, ultimately accepted plea bargains and are now in prison for aggravated assault. That outcome has been the most common among the state’s attempted murder cases in recent years.

A fire department family: Dante Fire Department dedicates truck to firefighter’s late children

The Daily Republic

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The members of the Dante Fire Department see themselves as a family.

Earlier this year, that family decided to honor the family of one of their own by dedicating its newly-purchased brush truck to Josie and Mikey Van Duysen, who died in a car crash in October near Leola at the ages of 4 and 2, respectively.

A graduation first for Mitchell twins

The Daily Republic

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Mason and Sean Kobold won’t be the first people to graduate at the Corn Palace, but their graduation Saturday will mark a different kind of first.

When the twins walk across the Corn Palace stage with Mitchell High School’s graduating class, they will become the first people enrolled at Mitchell’s Behavior Care Specialists location, which offers behavioral treatment to those on the autism spectrum, to have graduated.

“This is the biggest milestone. They started out in the NICU in Sioux Falls,” said Shanna Kobold, Sean and Mason’s mother. “I didn’t think we were going to get this far.”

Both Mason and Sean Kobold told The Daily Republic on Tuesday that they’re excited for graduation, an experience they’ll share with people they’ve known since they were students at Gertie Belle Rogers Elementary School together.

Demetrius Wells, who has worked closely with the Kobolds at BCS, said the twins’ graduation will be bittersweet.

“It’s an amazing experience watching them grow. It’s phenomenal, from the time I’ve gotten here until now, to see (them) mature. I can’t tell you how many stories I have about them,” Wells said. “It’s like watching your own kid go across the stage, and it’s tough, at the same time, that they have to move on. They’re not little kids anymore. They’re becoming young men. It’s also very beautiful.”

Mitchell’s is one of 17 BCS locations across four states, and the twins were the reason the organization came to town. When the Kobolds were in seventh grade, they became BCS’ first clients in Mitchell.

“Since (BCS has) been here, they’ve been able to expand out and help other kids, so it’s been a blessing,” Shanna Kobold said.

The branch now has 14 students and balances classwork with other activities – for instance, the Kobolds said they’re excited to visit water parks over the summer.

“We try to make things fun for them,” Wells said. “Obviously, we’re going to do what we think is reinforcing for them. There’s also a lot of work involved.”

Currently, Mason starts his weekdays at Mitchell High School before heading to BCS. Sean, who Shanna Kobold said tends to prefer smaller group settings, goes to the high school for a class every other day.

At BCS, Wells said he would describe the two brothers as “legends,” in part because of the attitudes they bring to affect others positively.

“We like to make everybody have fun,” Mason said.

After graduation, Mason and Sean will continue going to BCS through the summer, which Shanna Kobold said is intended to keep things in balance for them. They’re planning to transition to LifeQuest, where Mason is considering joining the workforce program.

“They are capable of phenomenal things if they put their minds to it,” Wells said. “All I can say for these gentlemen is just, job well done. … I’ve learned a lot working with them and working for them. I’ve learned a lot about myself.”

Delmont’s festival weekend: Kuchen, farming events honor local traditions

The Daily Republic

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Delmont celebrated traditions both in farming and in German baking last weekend with two concurrent festivals that have been around long enough to become town traditions of their own.

The Kuchen Festival took place downtown, with kuchen being sold alongside a craft show in the Legion Hall on Saturday and art and quilt shows being held in local businesses on both Saturday and Sunday.

Just a quarter-mile away, the Twin Rivers Old Iron Association simultaneously hosted its 15th annual Harvest Festival. Beginning at 8 a.m. on both Saturday and Sunday, the festival featured demonstrations on a variety of antique farming equipment, live music, a parade, kids’ activities, food and a petting zoo.