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Publication Date: 2021-05-12
Practice Area: Wrongful Death
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Rosemary J. Piergiovanni, Farnan LLP, Wilmington, DE for plaintiff.
for defendant: Daniel A. Griffith, Kaan Ekiner, Whiteford, Taylor & Preston LLC, Wilmington, DE for defendants.
Case Number: D69390
Police had no constitutional duty to save a suspect in handcuffs who escaped the physical grasp of officers and tried to escape via a river where he drowned.
Publication Date: 2021-05-05
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE for plaintiffs.
for defendant: Dylan J. Steinberg, U.S. Attorney’s Office, Wilmington, DE for defendant.
Case Number: D69389
Family members who were injured when a mail truck rear-ended them provided sufficient notice of their claims under the Federal Tort Claims Act. However, another family member failed to present his loss of con-sortium claim, so the court granted the motion to dismiss that claim.
Publication Date: 2021-05-05
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Ricky R. Franklin, Stockbridge, GA, pro se plaintiff.
for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant.
Case Number: D69384
Supreme Court's striking down of the government debt exception to Telephone Consumer Protection Act ban on robocalls as unconstitutional rendered the law void, such that defendant could not rely on that law to avoid liability.
Publication Date: 2021-05-05
Practice Area: Personal Injury
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Renée Leverette, The Igwe Firm, Wilmington, DE for plaintiff.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; Rosamaria Tassone-DiNardo, City of Wilmington Law Department, Wilmington, DE for defendants.
Case Number: D69383
Plaintiff sexually assaulted by police officer failed to adequately plead constitutional claims by identifying wanton negligence or deliberate indifference to officers' misconduct.
Publication Date: 2020-05-06
Practice Area: Insurance Litigation
Industry: Aerospace | Defense | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: Barry J. Fleishman, Pillsbury Winthrop Shaw Pittman, Washington, DC; David J. Baldwin, Berger Harris, Wilmington, DE for Northrop Grumman Corp. Sean P. Mahoney, Edward M. Koch, Felix S. Yelin, White & Williams, Philadelphia, PA; Timothy S. Martin, White & Williams, Wilmington, DE for Nat’l Union Fire Ins. Co.
for defendant: Kim W. West and Alec H. Boyd, Clyde & Co. US, San Francisco, CA; Carmella P. Keener, Cooch & Taylor , Wilmington, DE for Axis Reinsurance Co.
Case Number: D68971
Insurer had a duty to defend the insured in a class action proceeding because the complaint in that case alleged wrongful acts that were related to a prior class action suit. Affirmed.
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Publication Date: 2020-01-22
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: D68853
Searches of defendant's vehicle and home were constitutionally valid, so denial of a motion to suppress was proper.
Publication Date: 2019-07-03
Practice Area: Bankruptcy
Industry: Energy | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: GianClaudio Finizio and Neil B. Glassman, Bayard P.A., Wilmington, DE; Jeremy C. Hollembeak, Michael S. Kim, Benjamin J. Sauter and Andrew D. Wang, Kobre & Kim, New York, NY for Delaware Trust Co. Ashley R. Altschuler and R. Craig Martin, DLA Piper, Wilmington, DE
for defendant: Thomas J. Curtin, Ellen M. Halstead, Howard R. Hawkins, Jr., Michele Maman and Mark C. Ellenberg, Cadwalader Wicker-sham & Taft, New York, NY and Washington, DC; Scott B. Czerwonka, Wilks Lukoff & Bracegirdle, Wilmington, DE for Mor-gan Stanley Capital Group Inc. George A. Davis, Latham & Watkins, New York, NY; Michael D. DeBaecke, Ashby & Geddes, Wilmington, DE; Peter M. Friedman, Jonathan Rosenberg and Daniel S. Shamah, O'Melveny & Myers, Washington, DC and New York, NY; Thomas R. Hooper and Mark D. Kotwick, Seward & Kissel, New York, NY; Joseph H. Huston, Jr., Stevens & Lee, Wilmington, DE for Wilmington Trust N.A. Mark E. Felger and Simon Fraser, Cozen O'Connor, Wilmington, DE; Hu-mayun Khalid, Thomas J. Moloney and Sean A. O'Neal, Cleary Gottlieb Steen & Hamilton, New York, NY for J. Aron & Co. Bradley R. Aronstam and Nicholas D. Mozal, Ross Aronstam & Moritz, Wilmington, DE , Adam B. Banks, Weil Gotshal & Manges, New York, NY for Titan Investment Holdings LP.
Case Number: D68617
Following approval of a bankruptcy plan and corporate restructuring, payments and distributions to creditors were no longer considered collateral or proceeds under the waterfall provision of an intercreditor agreement.
Publication Date: 2018-10-24
Practice Area: Civil Procedure | Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: D68322
Plaintiff failed to timely effectuate service on one defendant, but claims against another party were not barred by a release in a settlement agreement.
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