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Publication Date: 2019-10-09
Practice Area: Bankruptcy
Industry: Energy | Mining and Resources
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Mark D. Collins and John H. Knight, Richards, Layton & Finger, P.A, Wilmington, DE; Richard A. Levy, Keith A. Simon, and Christopher Harris, Latham & Watkins LLP, New York, NY for appellant.
for defendant: Seth Niederman, William H. Stassen, and Dana S. Katz, Fox Rothschild LLP, Wilmington, DE for appellees.
Case Number: D68728
Bankruptcy court did not abuse discretion to apply Bankruptcy Rule 7023 where it had grounds to find that all potential class members may not have been served with notice of the bar date, that certification would not adversely affect estate administration, and that the class claim would serve a deterrent effect upon the reorganized debtor.
Publication Date: 2019-10-02
Practice Area: Constitutional Law
Industry: Chemicals and Materials | Consulting | Distribution and Wholesale
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Michael P. Kelly, David A. White and Matthew J. Rifino, McCarter & English LLP, Wilmington, DE; James G. Ryan and Jameel S. Turner, Bailey Cavalieri LLC, Columbus, OH for plaintiff.
for defendant: Caroline Lee Cross and Elizabeth R. McFarlan, Delaware Dep’t of Justice, Wilmington, DE; Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan and Robert M. Vrana, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Steven S. Rosenthal, Tiffany R. Moseley and John David Taliaferro, Loeb and Loeb LLC, Washington, DC for defendants.
Case Number: D68725
Plaintiff's claims for equal protection and procedural due process violations were ripe for review, but other matters were not yet ripe.
Publication Date: 2019-09-25
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff:
for defendant:
Case Number: D68714
A bankruptcy trustee's claims for fraudulent transfer did not involve property of a debtor, and the trustee's motion for recon-sideration failed to demonstrate the existence of new evidence or manifest injustice.
Publication Date: 2019-09-18
Practice Area: Civil Procedure | Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Automotive
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Douglas D. Herrmann, Richard J. Zack, Alexander L. Harris, and Brian M. Nichilo, Pepper Hamilton LLP, Wilmington, DE and Philadelphia, PA for plaintiff.
for defendant: Jessica S. Davis, Senior Deputy Attorney General, and Keli M. Neary, Chief Deputy Attorney General, Office of Attorney General, Harrisburg, PA for defendant.
Case Number: D68703
Delaware loan originator's action challenging investigation efforts by Pennsylvania Attorney General transferred to Middle District of Pennsylvania where the claims arose there, potential witnesses were located there, and courts would be more familiar with state law issues.
Publication Date: 2019-09-04
Practice Area: Civil Rights
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for plaintiff.
for defendant: James D. Taylor, Jr. and Randall S. MacTough, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case Number: D68692
Genuine issues of material fact remained with regard to an employee's claim against her employer for racial discrimination.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2019-08-28
Practice Area: Contractual Disputes
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Joseph B. Cicero, Gregory E. Stuhlman and Stephanie H. Dallaire, Chipman Brown Cicero & Cole, LLP, Wilmington, DE for plaintiff.
for defendant: Andrew L. Cole of LeClairRyan, PLLC, Wilmington, DE for defendants.
Case Number: D68683
Plaintiff adequately alleged a breach of contract claim against some of the defendants, but the court granted defendants' mo-tions dismissing the remainder of the claims.
Publication Date: 2019-08-28
Practice Area: Contractual Disputes
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Todd C. Schiltz, Drinker Biddle & Reath LLP, Wilmington, DE; Paul R. Mastrocola, Andrea L. Marti and Michael A. DeIulis, Burns & Levinson LLP, Boston, MA; Scott R. Haiber, Hogan Lovells US LLP, Baltimore, MD; Pieter Van Tol, Hogan Lovells US LLP, New York, NY for plaintiff.
for defendant: Joel Friedlander, Christopher M. Foulds and Christopher P. Quinn, Friedlander & Gorris, P.A., Wilmington, DE; Teresa H. Michaud, Baker & McKenzie LLP, Los Angeles, CA for defendant.
Case Number: D68685
Defendant failed to meet the heightened pleading standard with regard to its fraud counterclaims, and it did not establish standing to pursue a claim under foreign copyright law.
Publication Date: 2019-08-21
Practice Area: Securities Litigation
Industry: Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Timothy R. Dudderar and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; David J. Jordan and Michael R. Menssen, Stoel Rivers LLP, Salt Lake City, UT for plaintiffs.
for defendant: Robert J. Katzenstein, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Steven S. Scholes and Peter B. Allport, McDermott Will & Emery LLP, Chicago, IL; John R. Gerstein, Clyde & Co. US LLP, Washington, DC for defendants.
Case Number: D67677
Securities fraud claim dismissed where there was no express assignment of a securities fraud claim to confer standing and where the complaint expressly alleged that investment was based on a statement that was not a false representation.
Publication Date: 2019-08-14
Practice Area: Insurance Litigation
Industry: Insurance | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: David J. Baldwin, Carla M. Jones and Tracey E. Timlin, Potter Anderson & Corroon LLP, Wilmington, DE; John E. Failla, Na-than R. Lander and Alyse Stach, Proskauer Rose LLP, New York, NY for plaintiffs.
for defendant: Barry M. Klayman and Michael R. Davisson, Cozen O’Connor, Wilmington, DE and Los Angeles, CA for defendant Starr In-demnity & Liab. Co. Elena C. Norman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael F. Perlis and Cary J. Economou, Locke Lord LLP, Los Angeles, CA for defendant Markel American Ins. Co.
Case Number: D68669
A federal district court did not have "related to" jurisdiction over this insurance coverage dispute and abstention was required under federal law, so it remanded the matter to state court.
Publication Date: 2019-07-03
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Mining and Resources
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff:
for defendant:
Case Number: D68619
Parties in this bankruptcy matter lacked standing to object to debtor's plan of reorganization.
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