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Publication Date: 2024-01-15
Practice Area: Transportation
Industry: Aerospace | Federal Government | Non-Profit | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Steven M. Taber, Leech Tishman Fuscaldo & Lampl, Pasadena, CA for petitioners.
for defendant: Justin Heminger, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Rebecca Jaffe, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Peter J. Kirsch, W. Eric Pilsk, Washington, DC for respondents.
Case Number: 22-1965
Court affirmed Federal Aviation Administration approval of new airport terminal construction where the record supported the FAA's determination that the project would not independently cause an adverse environmental impact and where the project had independent utility due to the complete inadequacy of the existing terminal.
Publication Date: 2024-01-15
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
for defendant: Keri L. Morris-Johnston, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
Case Number: S23A-10-002 NEP
Industrial Accident Board did not err in denying workers' compensation claim for COVID-19 where it weighed the evidence to determine that it was more likely that worker was infected outside of work rather than at work.
Publication Date: 2024-01-15
Practice Area: Consumer Protection
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Raj Patel, Indianapolis, IN, plaintiff pro se.
for defendant:
Case Number: 23-797 (MN)
Court dismissed pro se complaint as unintelligible and barred by res judicata.
Publication Date: 2024-01-15
Practice Area: Corporate Governance
Industry: Biotechnology | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: John M. Seaman, Eliezer Y. Feinstein, Abrams & Bayliss LLP, Wilmington, DE for plaintiff.
for defendant: Michael A. Pittenger, William R. Denny, Matthew F. Davis, Nicholas D. Mozal, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
Case Number: C.A. No. 2023-0879-LWW
Court denied injunction of corporate annual meeting pending appeal where delaying the meeting could be inequitable to the company and any prejudice plaintiff might suffer in the absence of injunctive relief was partially self-inflicted.
Publication Date: 2024-01-15
Practice Area: Public Utilities
Industry: Energy | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys: For plaintiff: Elbert Lin, Charles D. Wallace, III, Hunton Andrews Kurth, Richmond, VA; John L. Shepherd, Jr., Hunton Andrews Kurth, Washington, DC; Paul W. Hughes, McDermott Will & Emery, Washington, DC; Kriss E. Brown, Christian A. McDewell, Pennsylvania Public Utility Commission, Harrisburg, PA; Thomas G. Lindgren, Werner L. Margard, III, Office of Attorney General of Ohio, Columbus, OH; Jeffrey W. Mayes, Monitoring Analytics, Eagleville, PA; Denise C. Goulet, McCarter & English, Washington, DC for petitioners.
for defendant: Jared B. Fish, Federal Energy Regulatory Commission, Washington, DC; Danielle C. Fidler, Earthjustice Legal Defense Fund, Washington, DC; Peter Hopkins, Amber L. Martin Stone, Jeffrey A. Schwartz, Scott H. Strauss, Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Matthew Price, Jenner & Block, Washington, DC; Miles H. Mitchell, Maryland Public Service Commission, Baltimore, MD; David C. Apy, Office of Attorney General of New Jersey Division of Law, Trenton, NJ; Robert A. Weishaar, Jr., McNees Wallace & Nurick, Washington, DC; Ryan J. Collins, Paul M. Flynn, Wright & Talisman, Washington, DC; Caroline Reiser, Natural Resources Defense Council, Washington, DC; Casey Roberts, Sierra Club, Denver, CO; Megan C. Wachspress, Sierra Club Environmental Law Program, Oakland, CA; Sarah A. Hunger, Office of Attorney General of Illinois, Chicago, IL Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Adrienne E. Clair, Thompson Coburn, Washington, DC; Daniel E. Frank, Allison Speaker, Eversheds Sutherland, Washington, DC; Andrew D. Cordo, Shannon E. German, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Gerit Hull, American Municipal Power, Columbus, OH; John E. McCaffrey, III, American Public Power Association, Arlington, VA; Anthony J. Corino, PSEG Corporation, Newark, NJ for respondents.
Case Number: 21-3068
FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2024-01-08
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, petitioner pro se.
for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for respondent.
Case Number: K22M-07-010 NEP
Registered voter lacked a private cause of action to seek declaratory judgment to challenge certification of electronic voting machines where statutes were tailored to preserving a free and fair election system to and regulate the acquisition of machines.
Publication Date: 2024-01-08
Practice Area: Patent Litigation
Industry: Consumer Products | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-984-WCB
Court granted defendant summary judgment on literal infringement where making a component of device removable to satisfy the patent claim scope would irreparably damage the device, which meant the device could not reasonably literally infringe upon the patent.
Publication Date: 2024-01-08
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-10584 (CTG)
Aiding in the making of false statements against the federal government was a claim belonging to the government under the False Claims Act and thus was not released by debtors' third-party release in their reorganization plan.
Publication Date: 2024-01-08
Practice Area: Insurance Law
Industry: Insurance | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi, Mathew B. Goeller, K&L Gates LLP, Wilmington, DE for defendants.
Case Number: N20C-04-126 EMD CCLD
Life insurance was void ab initio where parties without an insurable interest in the life of the decedent used Delaware statutory trusts to conceal the illegal nature of the policy and facilitate payment of policy premiums.
Publication Date: 2024-01-08
Practice Area: Mergers and Acquisitions
Industry: Entertainment and Leisure
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Ian M. Ross, Sidley Austin LLP, Miami, FL for plaintiff.
for defendant: Lisa Zwally Brown, Brian T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
Case Number: N23C-03-304 EMD CCLD
Although affirmative defenses of credits for excess payments or set-off were insufficiently pled, they were enough to put plaintiff on notice that defendants were contesting the amounts due, thereby precluding judgment on the pleadings.
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