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Publication Date: 2022-07-26
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, Philadelphia, PA, pro se plaintiff.
for defendant: Brandon Ryan Harper, Potter Anderson & Corroon LLP, Wilmington, DE; Craig E. Pinkus, Philip Zimmerly, Bose McKinney & Evans LLP, Indianapolis, IN; Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; Nicholas D. Mozal, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.
Case Number: D69896
Although plaintiff alleged plausible copyright infringement claim pursuant to his original agreement with his publisher, the applicability of a later settlement between plaintiff and publisher had to be resolved by an Indiana court pursuant to the settlement's forum selection clause.
Publication Date: 2022-06-07
Practice Area: Contracts
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: D69842
Letter of intent merely binding the parties to negotiate in good faith without any binding agreement on key terms of final agreement only entitled purchasing party to reliance damages.
Publication Date: 2022-05-10
Practice Area: Contracts
Industry: Consumer Products | Distribution and Wholesale
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Andrew Lynch Cole, Cole Schotz P.C., Wilmington, DE; Ivan R. Novich, Tyler A. Sims, Littler Mendelson P.C., Newark, NJ for plaintiff.
for defendant: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; David Phillip Primack, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Eric J. Schreiner, Lorena E. Ahumada, Kleinbard LLC, Philadelphia, PA for defendants.
Case Number: D69810
The court found that because the plain text of the forum-selection clause did not force defendant to litigate in Chancery Court, he could consent to removal of the case from Chancery Court to District Court.
Publication Date: 2022-05-10
Practice Area: Civil Rights
Industry:
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: Shae Lyn Chasanov, Tybout Redfearn & Pell, Wilmington, DE; Nicholas Jaison Brannick, New Castle County Law Department, New Castle, DE for defendants.
Case Number: D69813
Motion for leave to amend denied where claims against a new defendant were untimely, as the relation back doctrine did not apply because there was no mistake of identity or fact that prevented the defendant from being timely named as a party.
Publication Date: 2022-04-19
Practice Area: Contracts
Industry: Consulting
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: David B. Anthony, Peter C. McGivney, Berger Harris, LLP, Wilmington, DE; Brian Hansen, Clayton O. Knowles, Adams and Reese LLP, Atlanta, GA for plaintiff.
for defendant: Robert A. Penza, Joseph C. Sharp, Stephen J. Kraftschik, Polsinelli PC, Wilmington, DE for defendant.
Case Number: D69788
The court held that plaintiff failed to state a claim for either fraud or breach of implied covenant.
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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.
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.
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.
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.
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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