• In re AE Liquidation, Inc.

    Publication Date: 2018-05-16
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Mariani
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68145

    Payments during the bankruptcy preference period did not qualify as being in the ordinary course of business because the payment terms had changed, and the bankruptcy court had adequate information from which to calculate a creditors new value defense.

  • State ex rel. French v. Card Complaint, LLC

    Publication Date: 2018-05-16
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Thomas E. Brown, Edward K. Black and Stephen G. MacDonald for the state
    for defendant: Stuart M. Grant, Mary S. Thomas, Laina M. Herbert and Vivek Upadhya for relator French; Stephen E. Jenkins, Catherine A. Gaul, Richard M. Zuckerman, Sean Cenawood, Kiran Patel and Catharine Luo for Card Compliant defendants; Kenneth J. Na-chbar, Michael Houghton, Matthew R. Clark, Barnaby Grzaslewicz, Ethan D. Millar, J. Andrew Howard, William R. Mitchel-son, Jr., Jason D. Popp, Colm F. Connolly, Jody C. Barillare, Gregory T. Parks, Courtney McCormick, David S. Eagle, Michael W. Yurkewicz, Martin I. Einstein, David Swetnam-Burland, Stacy O.Stitham, Brian M. Rostocki, Benjamin P. Chapple, Mi-chael J. Wynne, David A. Rammelt, Brian E. Farnan, Shawn J. Organ and Joshua M. Feasel for additional defendants.

    Case Number: D68148

    Factual issues prevented summary judgment in this false claims matter, and defendants failed to establish extraordinary circumstances for disregarding the law of the case.

  • Iacona v. Hometown Rehoboth Bay, LLC

    Publication Date: 2018-05-16
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Brian S. Eng, Community Legal Aid Society, Inc., Dover, DE, attorney for appellants
    for defendant: Michael P. Morton and Nicole M. Faries, Michael P. Morton, P.A., Greenville, DE, attorneys for appellees.

    Case Number: D68144

    Group of homeowners could band together to form an association-in-fact under the Rent Justification Act to challenge a community manager/owners rent increase.

  • Doe v. Dept. of Serv. for Children, Youth & Their Families

    Publication Date: 2018-05-16
    Practice Area: Civil Procedure | Civil Rights
    Industry:
    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, City of Wilmington Law Department, Wilmington, DE; Ryan P. Connell, Department of Justice, State of Delaware, Wilmington, DE; Gary H. Kaplan and Art C. Aranilla, II, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE, attorneys for defendants.

    Case Number: D68142

    Motion for relief from dismissal of action denied where asserted legal error, purported newly discovered evidence, and conclusory allegations of fraud could not form basis for relief.

  • Girardot v. The Chemours Co.

    Publication Date: 2018-05-16
    Practice Area: Labor Law
    Industry: Chemicals and Materials
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chagares
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68143

    Voluntary employee separation plan not subject to ERISA where determination of employee eligibility and calculation of severance payments did not require implementation of ongoing administrative scheme or exercise of discretion.

  • PR Acquisitions, LLC v. Midland Funding LLC

    Publication Date: 2018-05-16
    Practice Area: Contractual Disputes
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Garvan F. McDaniel, Daniel K. Hogan, Eric D. Herschmann, Michael P. Bowen and Olga Lucia Fuentes Skinner for PR Acquisi-tions, LLC and Operating Partners Co., LLC
    for defendant: Matthew F. Boyer, Ryan P. Newell, Mary I.. Akhimien, Alan F. Kaufman and Joseph G. Silver for Midland Funding, LLC.

    Case Number: D68147

    Defendant failed to provide notice of claims as required by the parties agreement, and the court rejected defendants actual notice argument.

  • Jones v. Kent Co. Superior Court

    Publication Date: 2018-05-16
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68146

    Although a pro se plaintiffs complaint contained some fanciful allegations, his statement that he was not given the opportunity to attend his civil commitment hearings raised due process concerns.

  • WoodSpring Hotels LLC v. Natl Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-05-16
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Kenneth H. Frenchman and Denise N. Yasinow for plaintiff
    for defendant: Seth Niederman and Joseph Collins for defendant.

    Case Number: D68149

    An insurer was not entitled to avoid its duty to defend based on a policy exclusion regarding trade secrets, because at least one claim in the underlying litigation did not involve trade secrets.

  • Scheing v. Fountain

    Publication Date: 2018-05-09
    Practice Area: Criminal Law | Government
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff: L. Anthony DiJiacomo, III and Matthew B. Weisberg for appellants
    for defendant: Joseph C. Handlon for appellees.

    Case Number: D68139

    Plaintiff failed to state a claim for malicious prosecution because he did not allege specific facts relating to individual defend-ants, and plaintiff was unable to overcome the presumption of probable cause based on the grand jury indictment.

  • Capone v. LDH Mgmt Holdings LLC

    Publication Date: 2018-05-09
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Daniel A. Dreisbach and Ryan P. Durkin, Richards, Layton & Finger, PA, Wilmington, DE; Brendan V. Sullivan, Jr., Stephen L. Urbanczyk, Paul Mogin, Steven M. Cady, and Matthew H. Blumenstein, Williams & Connolly LLP, Washington, DC, attorneys for plaintiffs
    for defendant: Donald J. Wolfe, Jr., T. Brad Davey, and Seth R. Tangman, Potter Anderson & Corroon LLP, Wilmington, DE; Andrew Ditchfield, David B. Toscano, Edward Fu, and Sagar D. Thakur, Davis Polk & Wardwell LLP, New York, NY, attorneys for defendants.

    Case Number: D68134

    Cancellation certificate nullified where LLC failed to set aside reserve for viable, non-frivolous claims that it had knowledge of.