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Publication Date: 2020-09-30
Practice Area: Bankruptcy
Industry: Construction | Federal Government | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE; Andrew S. Kent, Chiesa Shahinian & Giantomasi P.C., West Orange, NJ for appellant.
for defendant: Richard M. Beck, Klehr Harrison Harvey Branzburg, LLP, Wilmington, DE; David T.B. Audley, Matthew T. Benz, Chapman and Cutler LLP, Chicago, IL for appellee.
Case Number: D69136
Surety's partial subrogation rights were extinguished by creditor's release and waiver of claim where surety had not yet completed full performance under its bond at the time of release and thus had its subrogation rights subordinated to the creditor.
Publication Date: 2020-09-23
Practice Area: Bankruptcy
Industry: Federal Government | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Joseph H. Hunt, Assistant Attorney General; David C. Weiss, United States attorney; Ellen W. Sleights, Assistant United States Attorney, Wilmington, DE; Ruth A. Harvey, Lloyd H. Randolph, Seth B. Shapiro, Andrew Warner, Commercial Litigation Branch, U.S. Department of Justice for appellant.
for defendant: Derek C. Abbott, Curtis S. Miller, Daniel B. Butz, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: D69130
The government's withholding of Medicare payments after debtors filed bankruptcy was a violation of the automatic stay.
Publication Date: 2020-08-19
Practice Area: Labor Law
Industry: Cargo and Shipping | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: David C. Weiss and Jesse S. Wenger, U.S. attorney’s office for plaintiff.
for defendant: Lance Geren and Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.
Case Number: D69091
The court denied a motion to dismiss, because the complaint adequately alleged that a labor organization did not uniformly enforce an eligibility rule involving candidates running for union elections.
Publication Date: 2020-08-12
Practice Area: Bankruptcy
Industry: Federal Government | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Richard E. Zuckerman, Principal Deputy Assistant Attorney General; Christopher J. Williamson and Ward W. Benson, Tax Division, U.S. Department of Justice, Washington, DC for appellant.
for defendant: Jeffrey L. Moyer, Travis S. Hunter, and Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE for appellee.
Case Number: D69080
Bankruptcy court erred in attempting to bifurcate corporate income taxes from a straddle year when tax law provided that annual income taxes only accrued and became liable on the last day of the tax year.
Publication Date: 2020-07-01
Practice Area: Government
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69031
Pro se relator could not pursue False Claims Act claim as the claim belonged to the United States and pro se litigants could not represent thirdparties.
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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.
Publication Date: 2020-04-22
Practice Area: Antitrust
Industry: Federal Government | Technology Media and Telecom | Travel and Tourism
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: David C. Weiss, Laura D. Hatcher, Shamoor Anis, United States Dep’t of Justice, Wilmington, DE; Julie S. Elmer, Scott A. Westrich, Sarah P. McDonough, Robert A. Lepore, Aaron Comenetz, Brian E. Hanna, Craig W. Conrath, Dylan M. Carson, Rachel A. Flipse, Michael T. Nash, Jeremy P. Evans, Vittorio Cottafavi, Seth J. Wiener, John A. Holler, Grant A. Bermann and Katherine A. Celeste, United States Dep’t of Justice, Washington, DC for plaintiff.
for defendant: Joseph O. Larkin, Veronica A. Bartholomew, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Tara L. Reinhart, Steven C. Sunshine, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC; Matthew M. Martino, Michael H. Meni-tove and Evan R. Kreiner, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY for Sabre defendants. Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Kenneth A. Gallo, Jonathan S. Kanter, Joseph J. Bial and Daniel J. Howley, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, DC for defendants Farelogix Inc. and Sandler Capital Partners V, LP.
Case Number: D68956
The government failed to demonstrate a relevant market in this case involving companies that provided airline booking ser-vices, so the court allowed the merger to proceed.
Publication Date: 2020-04-15
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
for defendant: David C. Weiss, United States Attorney; Heather Benderson, Eric P. Kressman and Melissa K. Curry, Office of the General Counsel, Social Security Administration, Philadelphia, PA for defendant.
Case Number: D68948
A decision by an administrative law judge was not supported by substantial evidence, so the court remanded for further con-sideration of issues relating to plaintiff's residual functional capacity and whether she was able to work on a regular and contin-uing basis.
Publication Date: 2020-03-11
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Weih Steven Chang, Hockessin, DE, pro se plaintiff.
for defendant: Rosamaria Tassone-DiNardo, First Assistant City Solicitor, City of Wilmington Law Department, Wilmington, DE for defendant city. Ryan P. Connell, Deputy Attorney General, Department of Justice, State of Delaware, Wilmington, DE for defendants State and stage agencies. Gary H. Kaplan and Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Children’s Advocacy Center of Delaware.
Case Number: D68902
Rule 60 motion denied where plaintiff failed to identify facts previously unknown to him during the prior proceedings and where his unsubstantiated allegations of judicial bias did not warrant extraordinary relief.
Publication Date: 2019-10-30
Practice Area: Tax
Industry: Consumer Products | Electronics | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: D68752
IRS did not err by mailing notice of administrative summons to third-party under U.S.-Poland Tax Treaty where taxpayer was not entitled to notice of request sent to third-party and where IRS was entitled to mail or serve notice of summons.
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