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  • Design With Friends, Inc. v. Target Corp.

    Publication Date: 2022-10-11
    Practice Area: Copyrights
    Industry: Retail | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Douglas Daniel Herrmann, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Ben L. Wagner, Troutman Pepper Hamilton Sanders LLP, San Diego, CA; Lindsay Mitchell Henner, Troutman Pepper Hamilton Sanders LLP, Atlanta, GA; Howard Wisnia, Wisnia PC, San Diego, CA for plaintiffs.
    for defendant: Martina Tyreus Hufnal, Fish & Richardson P.C., Wilmington, DE; Kristen McCallion, Vivian Cheng, Fish & Richardson P.C., New York, NY for defendant.
    Case Number: 1:21-cv-01376-SB

    Court declined to dismiss copyright infringement claim arising from alleged copying of the computer code for plaintiff's online program where plaintiff plausibly alleged that defendant copied the code to reverse engineer its own version of the program.

  • Verint Americas Inc. v. Fornell

    Publication Date: 2022-09-20
    Practice Area: Contracts
    Industry: Consulting
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian P. Egan, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE for plaintiff.
    for defendant: Margaret M. DiBianca, Jay M. Berger, K.J. Edward Fornell, William D. Cramer, Clark Hill PLC, Wilmington, DE; Sally J. Daugherty, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendants.
    Case Number: 1:21-cv-00674-SB-SRF

    Court requested that the magistrate judge reconsider a motion to dismiss, transfer, and stay a case where the magistrate judge had ruled that the first-filed rule applied.

  • Pharmacy Corp. of Am. v. Askari

    Publication Date: 2022-09-13
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Pharmaceuticals
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2800

    Increases in line of credit under existing working capital agreement did not require founder's consent as a "major decision" since it did not create a new lien or encumbrance, as lender already had security interest in company's existing and after-acquired assets under original working capital agreement.

  • Miller v. Del-One Fed. Credit Union

    Publication Date: 2022-08-09
    Practice Area: Banking and Finance Laws
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: David W. deBruin, Napoli Shkolnik LLC, Wilmington, DE; Elaine S. Kusel, Sherief Morsy, McCune Wright Arevalo, LLP, Newark, NJ for plaintiff.
    for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.
    Case Number: D69913

    Bank violated federal regulations governing overdraft policy notices where bank used template language in the regulation, which may not accurately describe bank's specific overdraft policy.

  • Enigwe v. Amazon.com Servs., LLC

    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.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • White Winston Select Asset Funds, LLC v. Good Times Rest., Inc.

    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.

  • Snyder v. DowDuPont, Inc.

    Publication Date: 2022-05-24
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69828

    Family and Medical Leave Act retaliation claims failed where employee could not show that employer's decision to surveil employee on medical leave due to reports giving rise to suspicion of abuse of leave, or to terminate employee after surveillance provided evidence of such abuse, was mere pretext for retaliation.

  • Acuity Brands Lighting, Inc. v. Smitreski

    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.

  • Valentin v. Wysock

    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.

  • Schuetze, Inc. v. Utilligent, LLC

    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.