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  • McCreary v. United States

    Publication Date: 2022-04-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Keyona McCreary, Wilmington, DE, pro se plaintiff.
    for defendant: David C. Weiss, United States Attorney, Shamoor Anis, Assistant United States Attorney, Wilmington, DE for defendant.
    Case Number: D69772

    Filing deadlines for Federal Tort Claims Act claim were equitably tolled where plaintiff's counsel had failed to move for reconsideration of the denial of plaintiff's administrative tort claim or to inform plaintiff of the deadline for moving for reconsideration.

  • Trident Holdings Inc. v. HubSpot Inc.

    Publication Date: 2022-04-05
    Practice Area: Intellectual Property
    Industry: Health Care | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Hall
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Trevor Q. Coddington, Insigne PC, Carlsbad, CA for plaintiff.
    for defendant: Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brett M. Schuman, Rachel M. Walsh, Goodwin Procter LLP, San Francisco, CA for defendant.
    Case Number: D69773

    Court declined to dismiss patent infringement claim for invalidity based on the patent claiming ineligible subject matter, where a reading of the patent's claim language did not plainly reveal that the patent was merely directed towards an abstract idea.

  • Wilson v. Gingerich Concrete & Masonry

    Publication Date: 2022-03-22
    Practice Area: Labor Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellant;
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
    Case Number: D69757

    Board correctly denied workers' compensation benefits for surgery performed by provider whose workers' compensation certification had lapsed at the time of the surgery and who had failed to obtain preauthorization for the treatment.

  • Spine Care Delaware, LLC v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2022-03-22
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
    for defendant: Donald M. Ransom, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendant.
    Case Number: D69756

    Insurer lacked reasonable basis to impose multiple payment reductions for bills seeking compensation under PIP benefits where doing so meant provider was being compensated at a lower rate than its peers.

  • Healthcare Real Estate Partners, LLC v. Summit Healthcare REIT, Inc.

    Publication Date: 2022-03-08
    Practice Area: Bankruptcy
    Industry: Health Care | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69737

    The court deferred ruling on the motion to dismiss on the pleadings because there was a dispute among federal appellate districts as to whether a corporations qualified as an individual under § 362(k) of the U.S. Bankruptcy Code. Additionally, the court refused to dismiss plaintiffs' claim for declaratory judgment until evidence was taken. Finally, the court held it did not have jurisdiction to hear three state-law counterclaims because they were filed after the bankruptcy case was dismissed. Motion to dismiss denied in part, granted

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  • AstraZeneca Pharm. LP v. Becerra

    Publication Date: 2022-03-01
    Practice Area: Health Care Law
    Industry: Federal Government | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei, and Stephen K. Wirth, Arnold & Porter Kaye Scholer LLP, Washington, DC for plaintiff.
    for defendant: Brian D. Netter, Michelle R. Bennett, Rachael L. Westmoreland, Kate Talmor, Jody Lowenstein, U.S. Department of Justice, Washington, DC for defendants.
    Case Number: D69731

    Court overturned agency violation letter based on previously-withdrawn advisory opinion, such that the letter constituted shifting regulatory guidance and did not comply with rulemaking requirements under THE Administrative Procedure Act.

  • United States ex rel. O'Bier v. TidalHealth Nanticoke, Inc.

    Publication Date: 2022-02-15
    Practice Area: Health Care Law
    Industry: Federal Government | Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69715

    Kickback claims failed as a matter of law where relator could not plausibly allege a financial connection between prescribing healthcare providers and medical equipment suppliers.

  • Imhof v. Delaware Bd. of Med. Licensure & Discipline

    Publication Date: 2022-02-08
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Bruce A. Rogers, Bruce A. Rogers, P.A., Georgetown, DE for appellant.
    for defendant: Kemba Lydia-Moore, Patricia A. Davis, Deputy Attorneys General, Department of Justice, Dover, DE for appellee.
    Case Number: D69707

    The court held that there was substantial evidence for the hearing officer who denied paramedic licensure to decide that appellant engaged in crimes related to the practice of medicine and that appellant engaged in deceitful conduct that tended to bring discredit to the profession.

  • 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.

  • Fortis Advisors LLC v. Johnson & Johnson

    Publication Date: 2021-12-28
    Practice Area: Contractual Disputes
    Industry: Health Care | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Bradley R. Aronstam, Roger S. Stronach, Ross, Aronstam & Moritz LLP, Wilmington, DE; Philippe Z. Selendy, Andrew R. Dunlap, Sean P. Baldwin, Joshua S. Margolin, Greg Wolfe, Vivek Tata, Selendy & Gay LLC, New York, NY; Martin S. Schenker, Jeffrey S. Karr, Cooley LLP, San Francisco, CA; Daniel J. Pohlman, Daniel P. Roy III, Cooley LLP, New York, NY for plaintiff.
    for defendant: William M. Lafferty, Susan W. Waesco, Elizabeth A. Mullin, Morris, Nichols, Arsht, & Tunnel LLP, Wilmington, DE; Gary A. Bornstein, Damaris Hernández, LLP, New York, NY for defendants.
    Case Number: D69655

    The court denied defendants' motion to dismiss plaintiffs' claims of common law fraud, breach of implied covenant of good faith, entitlement to recission based upon mutual mistake, and unjust enrichment.