• Newsome v. Lawson

    Publication Date: 2018-01-17
    Practice Area: Civil Procedure | Discovery
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Laura Davis Jones, James E. O'Neill, Ali M.M. Mojdehi and Janet Dean Gertz for plaintiff
    for defendant: James W. Semple, Paula J. Quillin and Joseph R. Farris for defendants.

    Case Number: D68011

    Attorneys who formerly engaged in joint representation were not allowed to withhold documents based on a non-party joint clients objection to disclosure, and the attorney-client privilege did not apply to communications relevant to the matter of common interest for which they were retained as joint attorneys.

  • Harris v. Boston Scientific Corp.

    Publication Date: 2018-01-17
    Practice Area: Products Liability
    Industry: Biotechnology | Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni PA; Christine V. Clarke and Chris A. Gomez, Kline & Specter, PC, attorneys for plaintiff
    for defendant: Colleen D. Shields, Eckert Seamans Cherin & Mellott, LLC, attorneys for defendant.

    Case Number: D68007

    Jury verdict in favor of defendant in medical products liability case not against weight of evidence, where jury could find that complication rate of plaintiffs specific injury of less than one percent was not indicative of the products dangerousness, and could believe testimony that it was reasonable for defendant to rely on clinical testing of similar devices.

  • Duffy v. Delaware State Univ.

    Publication Date: 2018-01-17
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Mahala Duffy, pro se plaintiff
    for defendant: Jennifer C. Bebko Jauffret and Lori Ann Brewington, Richards, Layton & Finger, PA, Wilmington, DE, attorneys for defendant.

    Case Number: D68006

    Employment discrimination complaint dismissed where plaintiff mailed her complaint to the court for filing on the 90th day after receipt of her right to sue letter, such that the complaint was filed beyond the 90-day period following receipt of a right to sue letter.

  • Noven Pharm., Inc v. Actavis Lab. UT, Inc.

    Publication Date: 2018-01-17
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Jack B. Blumenfeld and Stephen J. Kraftschik, Morris, Nichols Arsht & Tunnell LLP, Wilmington, DE; Liane M. Peterson and Ryan A. Schmid, Foley & Lardner LLP, Washington, DE; Steven J. Rizzi, Ramy E. Hanna, and Jayita Guhaniyogi, Foley & Lardner LLP, New York NY; Rebecca J. Pirozzolo-Mellowes, Foley & Lardner LLP, Milwaukee, WI, attorneys for plaintiff and third-party defendant
    for defendant: Steven J. Fineman and Katharine L. Mowery, Richards, Layton & Finger P.A., Wilmington, DE; James K. Stronski, Jacob Z. Zambrizycki, Anne E.H. Li, and Preetha Chakrabarti, Crowell & Moring LLP, New York, NY; Chiemi D. Suzuki, Crowell & Moring LLP, Los Angeles, CA; Craig P. Lytle, Crowell & Moring LLP, Washington, DC, attorneys for defendant.

    Case Number: D68008

    Plaintiff was barred by prosecution history estoppel from asserting infringement under doctrine of equivalents where limitation amended to claim was added specifically in response to reject to distinguish claim from prior art.

  • Troisio v. Erickson

    Publication Date: 2018-01-17
    Practice Area: Bankruptcy | Civil Procedure
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Sleet
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68013

    The plain language of 28 U.S.C. §1631 unambiguously excluded bankruptcy courts from having the power to transfer a proceeding to another court, and legislative history indicated that the exclusion was purposeful and not an oversight.

  • Donovan Smith HOA v. Donovan Smith MHP, LLC

    Publication Date: 2018-01-17
    Practice Area: Dispute Resolution | Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brady
    Attorneys: For plaintiff: Brian S. Eng for appellant
    for defendant: Seth L. Thompson for appellee.

    Case Number: D68010

    The owner of a mobile home park met the requirements of the Rent Justification Act with regard to a proposed rent increase where rent at the subject park was significantly lower than for comparable parks, and no health or safety concerns existed.

  • Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd.

    Publication Date: 2018-01-17
    Practice Area: Mergers and Acquisitions
    Industry: Hardware | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor Valihura
    Attorneys: For plaintiff: Gregory P. Williams, John D. Hendershot, Susan M. Hannigan, Andrew J. Peach, John L. Latham, Su-san E. Hurd, Gidon M. Caine and Charles W. Cox for Dell, Inc.
    for defendant: Stuart M. Grant, Michael J. Barry, Christine M. Mackintosh, Rebecca A. Musarra, Samuel T. Hirzel, II, Melissa N. Donimirski, Lawrence M. Rolnick and Steven M. Hecht for petitioners.

    Case Number: D68009

    In this appraisal proceeding, the trial court erred because its valuation did not flow from the factual findings and was not consistent with accepted financial principles.

  • State of Delaware v. Coverdale

    Publication Date: 2018-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Andrew J. Vella for the state
    for defendant: Benjamin S. Gifford IV for defendant.

    Case Number: D68012

    A tactical decision at trial not to request a jury instruction regarding a lesser-included offense was not objec-tively unreasonable, so criminal defendant was not entitled to post-conviction relief for ineffective assistance of counsel.

  • Griffith v. Energy Independence

    Publication Date: 2018-01-10
    Practice Area: Contracts | Personal Injury
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Robert C. Collins, Schwartz & Schwartz, Dover, DE; Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Patrick M. McGrory and Jason J. Cummings, Tighe & Cottrell, P.A., Wilmington, DE, attorneys for defendants.

    Case Number: D67999

    Plaintiff could assert claim for negligence arising from defendants performance of the parties contract, and was statutorily authorized to bring claim for negligent construction or renovation of residential property.

  • Bank of New York Mellon v. Hegedus

    Publication Date: 2018-01-10
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Brady
    Attorneys: For plaintiff: Daniel T. Conway, Orlans PC, Georgetown, DE, attorney for plaintiff
    for defendant: James A. Hegedus and Virginia E. Hegedus, pro se defendants.

    Case Number: D67998

    Foreclosure granted to mortgagee, where mortgagors failure to pay property taxes authorized mortgagee, under loan documents, to establish escrow account, and where mortgagors subsequently failed to make mortgage payments at the recalculated amount including the escrow portion.