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Publication Date: 2023-06-13
Practice Area: Criminal Law
Industry: Cargo and Shipping | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2032
District court properly convicted shipping companies for falsification of environmental records where circumstantial evidence indicated that multiple crew members participated in the cover-up, indicating that it was done at least in part to serve corporate interests.
Publication Date: 2023-05-30
Practice Area: Bankruptcy
Industry: Federal Government
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-11120 (JTD)
Refund of excess fees paid to United States Trustee program, pursuant to statute later deemed unconstitutional, was the appropriate remedy for the harm suffered by debtors.
Publication Date: 2023-05-23
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-628-SRF
Court issued judgment awarding for Social Security disability insurance benefits rather than remanding for a fourth administrative hearing due to the excessive delay in resolution of the case caused by repeated deficient analysis by the ALJ, when the record evidence supported finding that plaintiff was disabled.
Publication Date: 2023-05-16
Practice Area: Mergers and Acquisitions
Industry: Federal Government | Health Care | Insurance
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Kelly L. Freund, Michelle Morgan, DLA Piper LLP, Wilmington, DE; A. Thompson Bayliss, E. Wade Houston, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for plaintiffs.
for defendant: Kevin M. Coen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Thomas Uebler, McCollum D’Emilio Smith Uebler LLC, Wilmington, DE; Glenn M. Kurtz, Elizabeth Stainton, White & Case LLP, New York, NY for defendants.
Case Number: 2020-0241-KSJM
Where indemnification provision in company purchase agreement gave sellers the right to participate in the defense of third-party claims brought by government regulators, purchasers breached those rights by unilaterally negotiating a tolling agreement with regulators.
Publication Date: 2023-05-09
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Gary Linarducci, Linarducci & Butler, PA, New Castle, DE; Karl E. Osterhout, Osterhout Berger Disability Law, Oakmont, PA for plaintiff.
for defendant: David C. Weiss, United States Attorney, United States Attorney’s Office for the District of Delaware, Wilmington, DE; Brian C. O’Donnell, Regional Counsel, Annie Kernicky, Assistant Regional Counsel, Margaret W. Reed, Special Assistant United States Attorney, Social Security Administration, Philadelphia, PA for defendant.
Case Number: 21-17-CJB
ALJ erred in finding that disability applicant possessed a residual functional capacity where the reliable expert testimony did not support the factual findings that applicant was capable of performing manipulative tasks with her hands frequently or sitting for extended periods during the workday.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-04-18
Practice Area: Personal Injury
Industry: Federal Government | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE; Brian E. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren P. Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Burney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansku, Winston & Strawn LLP, New York, NY for defendants.
Case Number: 23-247 (MN)
Court substituted the federal government for a defendant member of Congress when the underlying events occurred within the scope of the congressman's duties, which required dismissal of the claims for plaintiff's failure to exhaust his administrative remedies under the Federal Tort Claims Act.
Publication Date: 2023-02-21
Practice Area: Contracts
Industry: Distribution and Wholesale | Legal Services | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Aman Kaushik Sharma, The Sharma Law Firm, LLC, Wilmington, DE for plaintiffs.
for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Ari S. Casper, Ralph S. Tyler, The Casper Firm, LLC, Baltimore, MD for defendants.
Case Number: N22C-09-799 FJJ
Court could exercise personal jurisdiction over parties who had been afforded certain rights and benefits under a settlement agreement, even though they were not signatories to the settlement.
Publication Date: 2022-10-11
Practice Area: Antitrust
Industry: Federal Government | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Laura Hatcher, Shamoor Anis, United States Attorney’s Office, Wilmington, DE; Brian Hanna, Jonathan Y. Mincer, Jenigh Garrett, Jill Ptacek, United States Department of Justice, Washington, DC for plaintiff.
for defendant: Jack Blumenfeld, Brian Egan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence Buterman, Latham & Watkins LLP, New York, NY; Amanda Reeves, Latham & Watkins LLP, Washington, DC; Elyse M. Greenwald, Latham & Watkins LLP, Los Angeles, CA; Daniel K. Hogan, Daniel C. Kerrick, Hogan McDaniel, Wilmington, DE; Peter J. Schwingler, Stinson LLP, Minneapolis, MN; Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Amanda L. Wait, Vic Domen, Norton Rose Fulbright US LLP, Washington, DC; Darryl Wade Anderson, Norton Rose Fulbright US LLP, Houston, TX; Christine A. Varney, David R. Marriott, Peter T. Parbur, Timothy G. Cameron, Cravath, Swaine & Moore LLP, New York, NY for defendants.
Case Number: 21-1644 (MN)
Court denied a request by plaintiff to enjoin an acquisition of a sugar company the Government argued would result in a monopoly of the sugar market in the southeastern United States. The court reviewed evidence from trial noting that the markets for industrial consumers were different from retail consumers, thus broadening the base and the market. The court further found that plaintiff's argument was undermined by the fact that they control the sugar supply within the United States.
Publication Date: 2022-09-20
Practice Area: Criminal Law
Industry: Federal Government | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff:
for defendant:
Case Number: 19-103-LPS
The court rejected the government's restitution request as untimely filed, and imposed an amount of mandatory restitution based on the limited record evidence of the victims' lost financial assets and loss of income.
Publication Date: 2022-07-26
Practice Area: Contracts
Industry: Construction | Energy | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Hughes
Attorneys: For plaintiff: Brian Boynton, Acting Assistant Attorney General, Washington, DC; David C. Weiss, United States Attorney for the District of Delaware, Wilmington, DE; Ruth A. Harvey, Michael J. Quinn, John R. Kresse, Tiffiney Carney, United States Department of Justice, Civil Division, Commercial Litigation Branch, Washington, DC for plaintiff.
for defendant: Michael J. Gottlieb, Martin J. Weinstein, Willkie Farr & Gallagher LLP, Washington, DC; Natalia T. Sorgente, Adam Dec, Baker Botts, L.L.P., Washington, DC; Kenneth J. Nachbar, Alexandra M. Cumings, Morris Nichols Arsht & Tunnell, Wilmington, DE for defendants.
Case Number: D69900
Guarantors lacked standing to sue under prime contract where guarantors were not parties to the agreement and their surety status did not mean they were third-party beneficiaries under the prime contract.
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