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Publication Date: 2023-12-18
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3205
Prison officials were entitled to qualified immunity for removing mattress from cell of prisoner under psychological close observation to prevent the prisoner from using the mattress to harm himself or prevent monitoring.
Publication Date: 2023-12-18
Practice Area: Creditors' and Debtors' Rights
Industry: Consumer Products | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Samuel T. Hirzel, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
for defendant: Jesse L. Noa, Potter, Anderson & Corroon LLP, Wilmington, DE for defendants.
Case Number: N22J-00660
Court denied motion to compel discovery in aid of execution where claimant was merely seeking merits-based discovery for another action for injunctive relief.
Publication Date: 2023-12-18
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff: Meaghan Flannery, Matthew T. Newcomer, Jennifer A. Williams, Office of United States Attorney, Philadelphia, PA for appellant.
for defendant: Salvatore C. Adamo, Hellertown, PA for appellee.
Case Number: 21-3316
Conducting criminal history check during routine traffic stop was justified by promoting officer safety and the fact that the short duration of the check posed a minimal burden.
Publication Date: 2023-12-18
Practice Area: Wrongful Death
Industry: Aerospace | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hendrick, Bove & Hendrick, Wilmington, DE; Joseph P. Musacchio, Anthony Tarricone, Kreindler & Kreindler, LLP; Kathryn E. Barnet, Morgan & Morgan, Douglas P. Desjardins, Pangia Law Group for plaintiff.
for defendant: Jeffrey L. Moyer, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan Nussbaum, Thompson Hine, LLP for defendants.
Case Number: N22C-09-008 JRJ
Court declined to apply choice of law provision in asset purchase agreement where chosen state bore no substantial relationship to the transactions or the parties to the transaction.
Publication Date: 2023-12-18
Practice Area: Bankruptcy
Industry: Energy | Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: George A. Barton, Barton and Burrows LLC, Mission, KS for appellants.
for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor LLP. Wilmington, Delaware; Ana Alfonso, Willkie Farr & Gallagher LLP, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case Number: 22-1729
Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2023-12-18
Practice Area: Labor Law
Industry: Legal Services
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Brandon R. Herling, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for appellant.
for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
Case Number: 47, 2023
Treating physician's causation opinion, though not based on objective medical records, was not improperly speculative where the physician would be familiar with the potential complications of claimant's surgery and could conclude that her subsequent neck pain was a consequence of surgery to repair a work injury to her shoulder.
Publication Date: 2023-12-18
Practice Area: Bankruptcy
Industry: Legal Services
Court: U.S. Bankruptcy Court
Judge: Judge Silverstein
Attorneys: For plaintiff:
for defendant:
Case Number: 20-10343 (LSS)
Court denied ad hoc claimant committee's request for reimbursement of professional fees from the bankruptcy estate where its work appeared duplicative of the work performed by the estate and official committee of claimants and was contrary to facilitating resolution of an official committee's internal disputes.
Publication Date: 2023-12-11
Practice Area: Corporate Governance
Industry: Energy | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Kenneth J. Nachbar, Susan W. Waesco, Alexandra Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
for defendant: Samuel T. Hirzel, II, Jamie L. Brown, Aaron M. Nelson, Gillian L. Andrews, Brendan Patrick McDonnell, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Joseph D. Pizzurro, Kevin A. Meehan, Juan O. Perla, Aubre G. Dean, Allesandra D. Tyler, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY for defendant.
Case Number: 2023-0778-PAF
Court set nominal bond as a condition for ordering the reissuance of a stock certificate, where there was no dispute over ownership of the stock and a low likelihood that the original certificate had been transferred or pledged, and where the corporation's liability for the certificate was limited by law to the value of the bond.
Publication Date: 2023-12-11
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Michael F. McTaggart, U.S. Attorney's Office, Wilmington, DE for plaintiff.
for defendant: Eleni Kousoulis, Janet Bateman, Public Federal Defender's Office, Wilmington, DE for defendant.
Case Number: 23-004
Possession of firearm by felon statute was constitutional as applied to defendant previously convicted of drug distribution offenses, as it was consistent with the historical tradition of disarming individuals who posed a threat to public safety, while defendant lacked standing to challenge the statute's constitutionality as he was ineligible to possess firearms on state probation.
Publication Date: 2023-12-11
Practice Area: Labor Law
Industry: Legal Services
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: William W. Weller, Middletown, DE, appellant pro se.
for defendant: Jennifer C. Jauffret, Richards, Layton & Finger, P.A., Wilmington, DE; Victoria W. Counihan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellees.
Case Number: N23A-03-007 FWW
Unemployment benefits claim was properly denied where worker received one year's worth of wages as a final payment upon separation from employment, meaning that the worker was not economically insecure and in need of unemployment compensation.
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