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Publication Date: 2021-12-07
Practice Area: Toxic Torts
Industry: Chemicals and Materials
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kimberly Ann Evans, Kyle John Mcgee, Kelly L. Tucker, Grant & Eisenhofer, P.A., Wilmington, DE; Frank M. Petosa, Marcio W. Valladares, Michael Ram, Rene F. Rocha, T. Michael Morgan, Morgan & Morgan, Fort Lauderdale, FL for plaintiff.
for defendant: Kenneth J. Nachbar, Miranda N. Gilbert, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Zi-Xiang Shen, Delaware Department of Justice, Wilmington, DE; Athena D. Dalton, Stephen A. Swedlow, Quinn Emanuel Urquhart & Sullivan, LLP, Chicago, IL for defendant.
Case Number: D69635
The court held that plaintiffs failed to state a cause of action for tort claims because they were unable to plead that they had received an injury from defendant's allegedly negligent leaking of a known carcinogen around where plaintiffs lived.
Publication Date: 2021-11-30
Practice Area: Personal Injury
Industry: Hospitality and Lodging | Travel and Tourism
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Anna Tractenberg, Craig Tractenberg, Villanova, Pennsylvania, pro se plaintiffs.
for defendant: Brannan Cole, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE; Marc Sposato, Riley B. MacGray, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE for defendant.
Case Number: D69627
Court declined to exercise personal jurisdiction over foreign subsidiary of domestic parent where subsidiary had no contacts with the forum and the parent's domestic actions could not be imputed to a subsidiary.
Publication Date: 2021-11-16
Practice Area: Trade Secrets
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jody Barillare, John P. Bramble, Michael P. Jones, Nancy L. Patterson, Morgan, Lewis & Bockius LLP, Wilmington, DE for plaintiff.
for defendant: Leslie B. Spoltore, Dove Burns, Obermayer, Rebmann, Maxwell & Hippel LLP, Wilmington, DE for defendant.
Case Number: D69611
Misappropriation and tortious interference claims survived dismissal where company plausibly alleged that competitor solicited trade secrets from its chief executive officer and worked with the CEO to poach other key employees, in violation of the CEO's employment agreements.
Publication Date: 2021-11-09
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Christofer Curtis Johnson, The Johnson Firm LLC, Wilmington, DE for plaintiff.
for defendant: Mary A. Jacobson, New Castle County Law Department, New Castle, DE for defendants.
Case Number: D69599
The court held that where plaintiff alleged that when police received a tip about drug dealing at his house, police did not investigate further but forcibly subdued and arrested him, plaintiff stated a claim for excessive force and unlawful arrest.
Publication Date: 2021-11-09
Practice Area: Class Actions
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Seth Rigrodsky, Herbert W. Mondros, Rigrodsky Law P.A., Wilmington, DE; Eya Dror, Shelly L. Friedland, Stan Gutgarts, Ted Trief, Trief & Olk, New York, NY; Macy D. Hanson, The Law Office of Macy D. Hanson PLLC, Madison, MS; Peter S. Pearlman, Cohn, Lifland, Pearlman, Herrman, & Knopf LLP, Saddle Brook, NJ for plaintiffs.
for defendant: J. Cory Falgowski, H. Carlton Hilson, Kristin Bryance Metheny, Ronald W. Flowers, Burr & Forman LLP, Wilmington, DE for defendants.
Case Number: D69598
The court held that since plaintiffs, who were agents of defendant company, filed their claims under the Fair Labor Standards Act after the deadline for underpayment claims, their claims should be dismissed with prejudice.
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Publication Date: 2021-11-09
Practice Area: Mergers and Acquisitions
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Richard A. Barkasy, Kristi J. Doughty, Stephen A. Fogdall, Schnader, Harrison, Segal & Lewis LLP, Wilmington, DE; Daniel M. Pereira, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for plaintiffs
for defendant: Catherine A. Gaul, Michael Dean Walker, Jr. Ashby & Geddes, Wilmington, DE; Peter L. Loh, Davis G. Mosmeyer III, Sara A. Brown, Foley & Lardner LLP, Dallas, TX for defendant.
Case Number: D69605
Motion for leave to amend granted where the new proposed claims were based in part on facts that were not known to plaintiff until revealed during discovery.
Publication Date: 2021-11-02
Practice Area: Corporate Entities
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre, Sarah E. Delia, McCarter & English, LLP, Wilmington, DE; David Spears, Charlita Mays, Cynthia Chen, Spear & Simes LLP, New York, NY for plaintiff.
for defendant: David E. Ross, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE for defendants.
Case Number: D69593
The court held that the contract between the plaintiff subsidiary and a third-party was entered into prior to the existence of the parent company such that the parent company was not liable.
Publication Date: 2021-10-20
Practice Area: Contracts
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Carmella P. Keener, Cooch & Taylor, P.A., Wilmington, DE; Steven I. Adler, Brian M. Block, Mandelbaum Salsburg, P.C., Roseland, NJ for plaintiff.
for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith, LLP, Wilmington, DE; Andrew Gendron, Lewis Brisbois Bisgaard & Smith, LLP, Baltimore, MD for defendants.
Case Number: D69577
The court found that plaintiff failed to state claims for either breach of contract or fraud.
Publication Date: 2021-09-08
Practice Area: Contractual Disputes
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Joshua D. Arisohn, Bursor & Fisher, P.A., New York, NY; Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE; Eric M. Poulin, Roy T. Willey, IV, Anastopoulo Law Firm, LLC, Charleston, SC for plaintiffs.
for defendant: James D. Taylor, Jr., Charles E. Davis, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case Number: D69532
Students and parents stated viable claims for breach of contract and unjust enrichment after a university switched to online classes due to the pandemic and refused to refund certain fees and tuition charges.
Publication Date: 2021-09-01
Practice Area: Personal Injury
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
for defendant: David E. Ross, Eric D. Selden, R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Eric M. George, Richard A. Schwartz, Katherine F. Murray, Browne George Ross O’brien Annaguey & Ellis LLP, Los Angeles, CA for defendants.
Case Number: D69518
Defamation suit failed where press coverage was substantially true or included clear statements of protected opinion.
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