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Publication Date: 2020-08-26
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Vernon Ernest Dorian Cephas, James T. Vaughn Correctional Center, Smyrna, DE, plaintiff pro se.
for defendant: Stuart B. Drowos, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE; Dana Spring Monzo and Emily Kara Silverstein, White & Williams, Wilmington, DE for defendants.
Case Number: D69096
Motion to dismiss prisoner's civil rights complaint denied where plaintiff sufficiently asserted a claim for retaliation by alleging that defendant conspired to file disciplinary complaints against plaintiff in retaliation for grievances plaintiff had submitted for incidents involving defendant.
Publication Date: 2020-08-19
Practice Area: Labor Law
Industry: Cargo and Shipping | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: David C. Weiss and Jesse S. Wenger, U.S. attorney’s office for plaintiff.
for defendant: Lance Geren and Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.
Case Number: D69091
The court denied a motion to dismiss, because the complaint adequately alleged that a labor organization did not uniformly enforce an eligibility rule involving candidates running for union elections.
Publication Date: 2020-08-19
Practice Area: Wrongful Death
Industry: Aerospace
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Philip T. Edwards, Murphy & Landon, Wilmington, DE for plaintiff.
for defendant: Andrea S. Brooks, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE; Sherri R. Ginger and Timothy A. Heisterhagen, Armbrecht Jackson LLP, Mobile, AL for defendants.
Case Number: D69092
The federal district court remanded this wrongful death action to state court because defendants failed to establish the fraudulent joinder of a party.
Publication Date: 2020-08-12
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Ricky Thompson-El, pro se plaintiff.
for defendant: Karine Sarkisian and Marc Stephen Casarino, White & Williams, Wilmington, DE for defendant.
Case Number: D69084
In this age discrimination matter, the court denied a motion to dismiss and allowed plaintiff an opportunity to supplement the record with a right-to-sue letter from the Equal Employment Opportunity Commission.
Publication Date: 2020-08-12
Practice Area: Patent Litigation
Industry: Chemicals and Materials | Consumer Products
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Susan E. Morrison, Kelly Allenspach Del Dotto, Casey Kraning, and John S. Goetz, Fish & Richardson P.C., Wilmington, DE for plaintiff.
for defendant: Pilar G. Kraman and Robert M. Vrana, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Douglas J. Nash and John D. Cook, Barclay Damon, LLP, Syracuse, NY; Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; James H. Shalek and Baldassare Vinti, Proskauer Rose LLP, New York, NY for defendants.
Case Number: D69079
Court rejected parties' proposed claim construction where there was no evidence of inventor's disavowal of plaintiff's proposed construction, but where plaintiff's proposal provided no clarity to the claim, the court relied upon the textbook definition for plaintiff's proposed construction term as would be understood by a person of ordinary skill in the art.
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Publication Date: 2020-08-12
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; Peter J. McAndrews, Rajendra A. Chiplunkar and Ashley M. Ratycz, McAndrews, Held & Mallory, Ltd., Chicago, IL for plaintiff.
for defendant: Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Paul M. Sykes, David W. Holt, Benn C. Wilson and Jake M. Gipson, Bradley Arant Boult Cummings LLP, Birmingham, AL for defendant.
Case Number: D69086
Genuine issues of material fact existed with regard to this patent infringement matter, so the court denied the parties' cross-motions for summary judgment.
Publication Date: 2020-08-12
Practice Area: Bankruptcy
Industry: Federal Government | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Richard E. Zuckerman, Principal Deputy Assistant Attorney General; Christopher J. Williamson and Ward W. Benson, Tax Division, U.S. Department of Justice, Washington, DC for appellant.
for defendant: Jeffrey L. Moyer, Travis S. Hunter, and Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE for appellee.
Case Number: D69080
Bankruptcy court erred in attempting to bifurcate corporate income taxes from a straddle year when tax law provided that annual income taxes only accrued and became liable on the last day of the tax year.
Publication Date: 2020-08-05
Practice Area: Contracts
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Scott A. Holt and Curtis J. Crowther, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE; Kristen Prinz and Amit Bindra, The Prinz Law Firm, P.C., Chicago, IL for defendant.
Case Number: D69061
The court denied defendant's motion to dismiss, because the record did not contain sufficient information to conduct a choice of law analysis.
Publication Date: 2020-08-05
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Michael Flynn and Anthony D. Raucci, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Steven N. Feldman, Christina V. Rayburn, Karen Younkins, Kevin X. Wang and Maxwell K. Coll, Hueston Hennigan LLP, Los Angeles, CA for plaintiff.
for defendant: Benjamin J. Schladweiler, Douglas R. Weider and James L. Ryerson, Greenberg Traurig, Wilmington, DE and Florham Park, NJ for defendant.
Case Number: D69058
Plaintiff alleged sufficient facts to demonstrate that its patents involved an inventive concept, rather than an abstract idea.
Publication Date: 2020-07-29
Practice Area: Contracts
Industry: Distribution and Wholesale | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Stephen B. Brauerman, Bayard P.A., Wilmington, DE; Kent E. Baldauf, Jr. and Barry J. Coyne , The Webb Law Firm, Pittsburgh, PA for plaintiffs.
for defendant: Michael F. Duggan and Marc Sposato, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE; Stephen H. Luther and Ryan T. Santurri, Allen, Dyer, Doppelt& Gilchrist, PA, Orlando, FL for defendants.
Case Number: D69064
Breach of contract claims were untimely where the claims accrued after plaintiff was put on notice defendant may have developed and patented a product based off plaintiff's product in breach of the parties' agreement.
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