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  • Watson v. Saul

    Publication Date: 2020-06-10
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: Heather Benderson, Social Security Admin., Office of General Counsel, Philadelphia, PA for defendant.
    Case Number: D69012

    The court remanded this Social Security disability matter, because the administrative law judge failed to include all of plaintiff's credibly established mental limitations in the hypothetical questions posted to the vocational expert.

  • Gavrieli Brands LLC v. Soto Massini (USA) Corp.

    Publication Date: 2020-04-08
    Practice Area: Patent Litigation
    Industry: Consumer Products
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David W. Marston, Jr. and Amy M. Dudash, Morgan, Lewis & Bockius LLP, Wilmington, DE; Michael J. Lyons and Ehsun Forghany, Morgan, Lewis & Bockius LLP, Palo Alto, CA; Sharon R. Smith and Brett A. Lovejoy, Ph.D., Morgan, Lewis & Bockius LLP, San Francisco, CA for plaintiff.
    for defendant: Stamatios Stamoulis, Stamoulis & Weinblatt LLC, Wilmington, DE; Stephen M. Lobbin and Austin J. Richardson, SML Avvocati P.C., San Diego, CA for defendants.
    Case Number: D68935

    Judgment as a matter of law or new trial on infringement claims denied where plaintiff presented expert testimony and real-world evidence showing that consumers were confused by defendant's allegedly infringing products.

  • Speakman v. Williams

    Publication Date: 2020-03-11
    Practice Area: Constitutional Law | Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Thomas C. Crumplar and Raeann C. Warner of Jacobs & Crumplar, P.A.; Stephen J. Neuberger and Thomas S. Neuberger of The Neuberger Firm, P.A. for plaintiffs.
    for defendant: Michael P. Kelly, Steven P. Wood, Dawn Kurtz Crompton, Hayley J. Reese and Adam N. Saravay of McCarter & English, LLP for defendant city. James D. Taylor, Jr. and Jessica M. Jones of Saul Ewing Arnstein & Lehr for defendant Williams. Kathleen Furey McDonough, Jesse L. Noa and Tracey E. Timlin of Potter Anderson & Corroon LLP for defendant Goode.
    Case Number: D68909

    Plaintiffs failed to state a claim for a violation of constitutional law in this case involving the injury and death of multiple fire-fighters. Family members did not have standing to pursue wrongful death actions, but the representatives of those estates could do so.

  • Katz v. The Rittenhouse Org., Inc.

    Publication Date: 2020-02-05
    Practice Area: Contractual Disputes
    Industry: Chemicals and Materials | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Bernard Katz, pro se plaintiff.
    for defendant: David B. Anthony, Berger, Harris, LLP, Wilmington, DE for defendant.
    Case Number: D68866

    The court referred this matter to arbitration, because a valid arbitration clause existed and the parties' dispute fell within the scope of that provision.

  • Molchan v. Delmar Fire Dep't, Inc.

    Publication Date: 2020-02-05
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff.
    for defendant: Michele D. Allen, Allen & Assoc., Hockessin, DE; Robin R. Cockey and Ashley A. Bosché, Cockey, Brennan & Maloney, P.C., Salisbury, MD for defendants.
    Case Number: D68867

    A former employee did not allege sufficient facts to show a hostile work environment, nor did she make a causal connection between her protected activity and the adverse employment action against her.

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  • Keystone Assoc. LLC v. Barclays Bank PLC

    Publication Date: 2020-01-29
    Practice Area: Securities Litigation
    Industry: Financial Services and Banking | 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 Rives LLP, Salt Lake City, UT for plaintiff.
    for defendant: Robert S. Saunders and Jeffrey Geier, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE and New York, NY for defendant.
    Case Number: D68858

    Plaintiffs failed to satisfy the heightened pleading standard with respect to their fraud and securities claims, and they did not allege a fiduciary relationship in connection with the negligent representation claim.

  • Sullivan v. Hanover Foods Corp.

    Publication Date: 2020-01-29
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Seth J. Reidenberg, Tybout, Redfearn & Pell, Wilmington, DE; Evan L. Frank, Alan L. Frank Law Associates, P.C., Jenkintown, PA for plaintiff.
    for defendant: Barry M. Willoughby, Timothy Jay Houseal, Curtis J. Crowther, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D68861

    Employer was entitled to summary judgment on employee's discrimination and disparate treatment claims based on race and sex, as well her hostile environment claim based on sex.

  • United States of America v. Scott

    Publication Date: 2020-01-15
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Alexander Ibrahim, Assistant U.S. Attorney, U.S. Dep’t of Justice, Wilmington, DE for plaintiff
    for defendant: Joseph Scott, pro se defendant.
    Case Number: D68845

    Defendant's motion to correct an illegal sentence was untimely, so the court denied the motion because it lacked jurisdiction.

  • New Balance Athletics, Inc. v. USA New Bunren Int'l Co. Ltd. LLC

    Publication Date: 2019-12-18
    Practice Area: Trademarks
    Industry: Consumer Products | E-Commerce | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Arthur G. Connolly, III and Ryan P. Newell, Connolly Gallagher LLP, Wilmington, DE; Thomas L. Holt and Jeremy L. Buxbaum, Perkins Coie LLP, Chicago, IL for plaintiff.
    for defendant: Dennis J. Butler and John D. Simmons, Panitch Schwarze Belisario & Nadel LLP, Wilmington, DE; Timothy T. Wang, Ni Wang & Massand, PLLC, Dallas, TX for defendant.
    Case Number: D68811

    Defendant's mark created a likelihood of confusion with respect to plaintiff's federally registered trademark.

  • Perrong v. Liberty Power Corp., L.L.C.

    Publication Date: 2019-10-16
    Practice Area: Telecommunications
    Industry: Energy | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Chad J. Toms, Whiteford Taylor Preston LLC, Wilmington, DE; Aytan Y. Bellin, Bellin & Assoc. LLC, White Plains, NY for plain-tiff.
    for defendant: Alexandra Rogin, Charles A. Zdebski and Jeffrey P. Brundage, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE and Washington, DC for defendant. David C. Weiss, Chad A. Readler, Eric R. Womack, Anjali Motgi and Laura D. Hatcher, U.S. Department of Justice.
    Case Number: D68739

    Plaintiff stated a claim for relief under the Telephone Consumer Protection Act, and defendant's challenge to plaintiff's standing to seek injunctive relief was premature.