• Registered Agent Solutions, Inc. v. Corp. Serv. Co.

    Publication Date: 2022-04-19
    Practice Area: Business Torts
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Kristina D. McKenna, Sheryl Koval Garko, Ryan C. Wooten, Shayan Said, Orrick, Herrington & Sutcliffe LLP, Boston, MA, Houston, TX, San Francisco, CA for plaintiff.
    for defendant: Jonathan A. Choa, Daniel Rusk, Potter Anderson & Corroon, LLP, Wilmington, DE; Eric M. Fishman, Jay. D. Dealy, Max. A. Winograd, Pillsbury Winthrop Shaw Pittman LLP, New York, NY for defendant.

    Case Number: D69787

    The court held the claim under the Lanham Act was governed by F.R.C.P. 9 that required the plaintiff to plead fraud with heightened specificity.

  • Innovate 2 Corp. v. Motorsport Games Inc.

    Publication Date: 2022-04-12
    Practice Area: Securities Litigation
    Industry: Entertainment and Leisure | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Joseph Benedict Cicero, Aidan T. Hamilton, Gregory Erich Stuhlman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Matthew J. Reynolds, Sara G. Wilcox, Huth Reynolds LLP, New York, NY & Denver, CO; Ned C. Weinberger, Labaton Sucharow LLP, Wilmington, DE for plaintiffs.
    for defendant: Daniel A. O’Brien, Brian L. Schwalb, Venable LLP, Wilmington, DE for defendants.

    Case Number: D69779

    Minority stockholders plausibly alleged that controlling shareholder used insider knowledge to mislead the minority stockholders into being bought out for an unfair price where the now wholly owned company represented almost all the attributed value of the controlling shareholder, which soon after went public for a much higher price than the minority stockholders sold out for.

  • Elemica Inc. v. ecMarket Inc.

    Publication Date: 2022-04-12
    Practice Area: Business Torts
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: John David Simmons, Panitch Schwarze Belisario & Nadel LLP, Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi, Megan E. O'Connor, K&L Gates LLP, Wilmington, De; John Ambrogi, Richard Saldinger, Latimer LeVay Fyock LLC, Chicago, IL for defendant.

    Case Number: D69778

    The court allowed plaintiff to amend its complaint for violation of trade secrets law and deceptive trade practices claims.

  • Garner v. Global Plasma Solutions Inc.

    Publication Date: 2022-03-29
    Practice Area: Consumer Protection
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Tiffany Joanne Cramer, Timothy Mathews, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Steffan T. Keeton, The Keeton Firm LLC, Pittsburgh, PA for plaintiff.
    for defendant: Adam Wyatt Poff, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE; R. Trent Taylor, McGuireWoods, Richmond, VA for defendant.

    Case Number: D69764

    Manufacturer made misrepresentations in marketing for air ionizer product by failing to disclose its funding of studies of the efficacy of the device and by asserting that there was no scientific dispute that the device neutralized the COVID-19 virus where several studies concluded that it did not.

  • Valentin v. Wysock

    Publication Date: 2022-02-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Katherine Butler, Law Offices of Kate Butler, Esq., Wilmington, DE for plaintiffs.
    for defendant: Geena Khomenko George, The Law Offices of Geena Khomenko George, LLC, Hockessin, DE; Richard L. Abbott, Abbott Law Firm, LLC, Hockessin, DE; Shae Lyn Chasanov, Tybout Redfearn & Pell, Wilmington, DE; Nicholas Jaison Brannick, New Castle County Law Department, New Castle, DE for defendants.

    Case Number: D69725

    Federal civil rights claims could proceed against officer who arrested plaintiff for alleged violation of a noise ordinance based solely on complaints from neighbors who had made prior baseless complaints against the plaintiff, which were insufficient to support probable cause.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

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  • Consumer Fin. Prot. Bureau v. Nat'l Collegiate Master Student Loan Trust

    Publication Date: 2022-02-22
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Colin T. Reardon, Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Tiffany Hardy, Consumer Financial Protection Bureau, Washington, D.C. for plaintiff.
    for defendant: Megan Ix Brison, Michael A. Weidinger, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE for defendants.

    Case Number: D69722

    The court certified two issues for appeal though there was no final judgment because they were both novel and controlling questions of law with substantial ground for difference of opinion and the appeal would advance the ultimate termination of the litigation.

  • Enigwe v. Amazon.com Servs., LLC

    Publication Date: 2022-02-15
    Practice Area: Copyrights
    Industry: E-Commerce | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Ifedoo Enigwe, pro se plaintiff,
    for defendant: Philadelphia, PA; Craig E. Pinkus, Philip Zimmerly, Bose Mckinney & Evans LLP, Indianapolis, IA; Craig E. Pinkus, Philip Zimmerly, Bose Mckinney & Evans LLP, Indianapolis, IA; Nicholas D. Mozal, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.

    Case Number: D69716

    Copyright infringement claims failed where settlement between author and publisher did not expressly terminate publisher's contractual right to publish and sell the author's book.

  • Nexstar Media Inc. v. Spectrum Mgmt. Holding Co., LLC

    Publication Date: 2022-01-25
    Practice Area: Telecommunications
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: A. Thompson Bayliss, Daniel John McBride, Abrams & Bayliss LLP, Wilmington, DE; Mitchell A. Kamin, Mark Chen, Covington & Burling LLP, Los Angeles, CA; Lindsay Barnhart, Covington & Burling LLP, Palo Alto, CA for plaintiff.
    for defendant: Kelly E. Farnan, Richards, Layton & Finger, PA, Wilmington, DE; Howard J. Symons, Jenner & Block LLP, New York, NY; Megan B. Poetzel, Lina R. Powell, Jenner & Block LLP, Chicago, IL for defendant.

    Case Number: D69691

    Federal court lacked federal jurisdiction over breach of contract claim where FCC antitrust regulations were not sufficiently substantial enough to the case to warrant the exercise of jurisdiction.

  • Murphy Marine Serv., Inc. v. Dole Fresh Fruit Co.

    Publication Date: 2022-01-25
    Practice Area: Contracts
    Industry: Cargo and Shipping | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Geoffrey G. Grivner, Andrew Hope, Craig Mills, Buchanan Ingersoll & Rooney P.C., Wilmington, DE; George R. Zacharkow, Deasey, Mahoney & Valentini, LTD, Philadelphia, PA for plaintiff.
    for defendant: Frank P. DeGiulio, Kevin G. O’Donovan, Michael B. McCauley, Palmer, Biezup & Henderson, Wilmington, DE; Michael B. McCauley, Palmer, Biezup & Henderson, Wilmington, DE for defendants.

    Case Number: D69690

    The court held that plaintiff successfully pled a cause of action for promissory estoppel where it alleged defendant promised to pay the new tariff, that plaintiff relied on that promise, and that plaintiff suffered harm when Dole refused to pay. Motion to dismiss denied. However, plaintiff's claim for promissory fraud and punitive damages failed to state the mandatory requirements that defendant knew their statements about reimbursement were false and that defendant had a meritorious defense such that punitive damages were not applic

  • Consumer Fin. Prot. Bureau v. Nat'l Collegiate Student Loan Trust

    Publication Date: 2021-12-28
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Carolyn I. Hahn, Colin T. Reardon, Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Tiffany Hardy, Consumer Financial Protection Bureau, Washington, D.C. for plaintiff;
    for defendant: Daniel M. Silver, McCarther & English LLP, Wilmington, DE; Megan Ix Brison, Michael A. Weidinger, Pinckney Weidinger Urban & Joyce LLC, Wilmington, DE for defendants.

    Case Number: D69660

    Agency enforcement action filed by agency head who was subject to an unconstitutional removal provision was not automatically void, thereby eliminating the need for the agency to later timely ratify the action within the statute of limitations.