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  • Hansen v. Brandywine Nursing & Rehab. Ctr., Inc.

    Publication Date: 2022-02-01
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Michael Patrick Minuti, McCann & Wall LLC, Wilmington, DE; Neil Raymond Lapinski, Phillip Anthony Giordano, Gordon, Fournaris & Mamivlarella, Wilmington, DE for plaintiffs.
    for defendant: Stephen J. Milewski, Roopa Sabesan, White & Williams, Wilmington, DE for defendant.
    Case Number: D69698

    The court held that plaintiff's lawsuit which alleged wrongful death of nursing home residents who died from COVID-19 did not possess the prerequisites for federal jurisdiction and was not preempted by the federal statute called Public Readiness and Emergency Preparedness Act.

  • In re: NNN 400 Capitol Ctr. 16 LLC

    Publication Date: 2021-10-27
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69588

    Bankruptcy court properly sanctioned and disqualified special counsel where it failed to disclose the nature of its business structure and the fact that it had financial arrangements that were adverse to the interests of debtor clients regarding matters for which counsel had been retained.

  • Shaw v. New Castle County

    Publication Date: 2021-09-29
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald Shaw, Claymont, DE, pro se plaintiff.
    for defendant: Jeffrey L. Moyer, Mary A. Jacobson, First Assistant County Attorney, New Castle County Office Law, New Castle, DE for defendant.
    Case Number: D69556

    Failure of the government to advise of appeal rights did not constitute a due process violation where it did not actively deny opportunity to be heard.

  • DuBose v. Wyndham Vacation Resorts, Inc.

    Publication Date: 2021-08-11
    Practice Area: Class Actions
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Howard B. Prossnitz, Law Offices of Howard Prossnitz, Oak Park, IL; Adam Szulczewski, Chicago IL for plaintiffs.
    for defendant: Matthew Denn, DLA Piper LLP (US), Wilmington, DE for defendant.
    Case Number: D69498

    Plaintiffs made a judicial admission regarding the tolling of their tort claims, and they failed to establish any other basis for tolling the statute of limitations.

  • Springsteen v. Proctor & Gamble Co.

    Publication Date: 2021-08-04
    Practice Area: Products Liability
    Industry: Consumer Products
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jerry Springsteen, Rochester, MN, pro se plaintiff.
    for defendant: N/A
    Case Number: D69493

    After screening a pleading filed by a pro se plaintiff, the court dismissed the complaint, but gave plaintiff leave to file an amended complaint.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • CareDx Inc. v. Natera, Inc.

    Publication Date: 2021-05-26
    Practice Area: Business Torts
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Derek C. Walter, Edward R. Reines, Weil, Gotshal & Manges LLP, Redwood Shores, CA; Randi W. Singer, Weil, Gotshal & Manges LLP, New York, NY; Stephen Bosco, Weil, Gotshal & Manges LLP, Washington, DC for plaintiff.
    for defendant: Jack B. Blumenfeld, Anthony David Raucci, Derek James Fahnestock, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Christina L. Costley, Paul S. Yong, Katten Muchin Rosenman LLP, Los Angeles, CA; Bruce G. Vanyo, Thomas Artaki, Katten Muchin Rosenman LLP, New York, NY; Kristin J. Achterhof, Julia L. Mazur, Katten Muchin Rosenman LLP, Chicago, IL for defendant.
    Case Number: D69406

    Expert testimony on corrective advertising damages excluded where it was based solely on a simple multiplication of unverified advertising costs provided by plaintiff company's CEO.

  • Keys v. Hanover Foods Corp.

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    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: Curtis J. Crowther, Timothy J. Houseal, Lauren E.M. Russell, and Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D69400

    Race discrimination claim dismissed on summary judgment where employee failed to present any specific evidence that his termination for sleeping on the job was pretext for racial animus.

  • Kirchner v. Wyndham Vacation Resorts, Inc.

    Publication Date: 2021-04-21
    Practice Area: Class Actions
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Herbert Weiswasser Mondros, Rigrodsky Law, P.A., Wilmington, DE; Howard B. Prossnitz, Law Offices of Howard Prossnitz, Oak Park, IL; Adam Szulczewski, Chicago, IL for plaintiffs.
    for defendant: Matthew Denn, DLA Piper LLP (US), Wilmington, DE; David S. Sager, DLA Piper LLP (US), Short Hills, NJ for defendant.
    Case Number: D69370

    The court granted defendant's motion to dismiss because the putative plaintiffs in this class action pro-ceeding failed to meet the heightened pleading standard for their fraud claims.

  • Patrick v. Reliance Standard Life Ins. Co.

    Publication Date: 2021-04-07
    Practice Area: Insurance Litigation
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Randall E. Roberts, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Robert E. Saint, Emswiller Williams Noland & Clark, LLC, Indianopolis, IN for plaintiff.
    for defendant: Michael J. Logullo, Rawle & Henderson LLP, Wilmington, DE; Joshua Bachrach, Wilson Elser Moskowitz Edelman & Dicker, LLP, Philadelphia, PA for defendant.
    Case Number: D69356

    An insurer's decision to terminate disability coverage was arbitrary and capricious, because it conflicted with the plain language of the policy and was inconsistent with the position the insurer had taken previously.

  • Bennett v. Teva Pharm. USA, Inc.

    Publication Date: 2021-03-17
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE; Alan M. Mansfield, Consumer Law Group of California, San Diego, CA; Chris W. Cantrell, Cantrell Law Firm, Chula Vista, CA; E. Kirk Wood, Wood Law Firm, Birmingham, AL for plaintiffs.
    for defendant: Karen E. Keller, John W. Shaw, Nathan R. Hoeschen, Shaw Keller LLP, Wilmington, DE; Glenn S. Kerner, Nilda M. Isidro, Carla R. Karp, Goodwin Procter LLP, New York, NY for defendants.
    Case Number: D69326

    Plaintiffs' products liability claim arising from generic pharmaceuticals was dismissed under federal preemption where state law claims were dependent upon violation of federal law and regulation.