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Publication Date: 2022-02-01
Practice Area: Consumer Protection
Industry: Hospitality and Lodging | Travel and Tourism
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
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, Illinois 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: D69699
Fraudulent omission claims not dismissed where defendant's contractual disclosures did not contradict plaintiffs' allegations.
Publication Date: 2022-01-18
Practice Area: Mergers and Acquisitions
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Matthew P. Denn, DLA Piper LLP, Wilmington, DE; Christopher Oprison, DLA Piper LLP, Miami, FL for plaintiff.
for defendant: Seth Niederman, Katelyn M. Crawford, Fox Rothschild LLP, Wilmington, DE; Robert S. Tintner, Nathan M. Buchter, Fox Rothschild LLP, Philadelphia, PA for defendant.
Case Number: D69683
Claim under Section 766A of the Restatement (Second) of Torts failed where claimant failed to allege that it was unable to secure performance from its contractual counterparty due to the interference of the defendant.
Publication Date: 2022-01-04
Practice Area: Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: David M. Klauder, Ryan M. Ernst, Bielli & Klauder, LLC, Wilmington, DE; Thomas D. Bielli, Philadelphia, PA for plaintiff.
for defendant: Brett D. Fallon, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; Jeremy M. Sternberg, Holland & Knight LLP, Boston, MA; Stosh Silivos, Holland & Knight LLP, New York, NY for defendant.
Case Number: D69662
The court held that defendant was entitled to a grant of summary judgment being that the action was barred by res judicata.
Publication Date: 2021-12-07
Practice Area: Corporate Governance
Industry: Manufacturing | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Phillip Kim, The Rosen Law Firm, P.A., New York, NY; Timothy Brown, The Brown Law Firm, P.C., Oyster Bay, NY; Marion C. Passmore, Melissa A. Fortunato, Bragar Eagel & Squire, P.C., New York, NY for plaintiffs.
for defendant: Lori W. Will, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Gregory L. Watts, Wilson Sonsini Goodrich & Rosati, P.C., Seattle, WA for defendants.
Case Number: D69636
The court found the settlement in this derivative action to be fair and reasonable where the balance of the Girsh factors favored settlement.
Publication Date: 2021-11-30
Practice Area: Corporate Governance
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor, P.A. Wilmington, DE, Francis A. Bottini, Jr., Albert Y. Chang, Anne Beste, Yury A. Kolesnikov, Bottini & Bottini, Inc., La Jolla, CA for plaintiffs.
for defendant: Peter J. Walsh, Jr., Jonathan A. Choa, Potter, Anderson & Corroon, LLP, Wilmington, DE; Koji Fukumura, Peter M. Adams, Heather Speers, Cooley, LLP, San Diego, CA; Brian French, Cooley, LLP, New York, NY for defendants.
Case Number: D69626
The court held that plaintiffs' claims for breach of fiduciary duties, aiding and abetting breach of fiduciary duties, and unjust enrichment should be dismissed for failing to plead demand futility.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2021-11-23
Practice Area: Constitutional Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Johnny L. Dorazio, Sr., pro se plaintiff.
for defendant: N/A
Case Number: D69618
The court held that plaintiff could not maintain a constitutional claim based upon allegations that his grievances about treatment in prison were not adequately addressed, making his complaint against prison employees a frivolous suit.
Publication Date: 2021-11-23
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Eric Harris, Howard R. Young Correctional Institution, Wilmington, DE, pro se plaintiff.
for defendant: N/A
Case Number: D69619
Although inmate sufficiently pled a serious medical need and defendants' failure to provide care for that need, the court dismissed the complaint on screening when it was unclear as to whether the alleged wrongful conduct occurred within the statute of limitations.
Publication Date: 2021-11-23
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kenneth A. Stafford, Newport, DE, pro se plaintiff.
for defendant: N/A
Case Number: D69621
Court dismissed §1983 claims against state agency pursuant to Eleventh Amendment immunity and against a municipal police department where agencies of municipalities were not cognizable parties in §1983 actions.
Publication Date: 2021-11-23
Practice Area: Intellectual Property
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Michael J. Farnan, Farnan LLP, Wilmington, DE; Corby Vowell, Dave R. Gunter, Friedman, Suder & Cooke, Fort Worth, TX for plaintiff.
for defendant: Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; David H. Bluestone, Michael D. Educate, Barack Ferrazzano Kirschbaum & Nagelberg, LLP, Chicago, IL for defendant.
Case Number: D69620
Court adopted plain and ordinary meaning for disputed terms in claim construction where patent specifications did not include negative limiting language or display the patentee's intention to redefine terms with plain and ordinary meanings.
Publication Date: 2021-11-02
Practice Area: Patent Litigation
Industry: Electronics
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Michael P. Kelly, Brian R. Lemon, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Gerald F. Ivey, Mareesa A. Frederick, Elizabeth D. Ferrill, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C.; Elliot C. Cook, J. Derek McCorquindale, Alexander M. Boyer, David N. Lefcowitz, Luke H. MacDonald, Joseph M. Schaffner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Reston, VA for plaintiffs.
for defendant: Michael J. Flynn, Andrew M. Moshos, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John C. Hueston, Douglas J. Dixon, Christina V. Rayburn, Sourabh Mishra, Hueston Hennigan LLP, Newport Beach, CA; Christine Woodin, Hueston Hennigan LLP, Los Angeles, CA for defendant.
Case Number: D69597
Because there was an issue of fact in this patent infringement suit as to whether defendant's design and plaintiff's product's design were substantially similar, defendant's motion for summary judgment failed.
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