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Publication Date: 2023-07-10
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Mining and Resources
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 16-11626 (CTG)
Confirmed reorganization plan potentially barred claims by financial advisor against reorganized debtor when those claims arose between the petition date and effective date and acquirer of reorganized debtor could not bind it to discharged claims.
Publication Date: 2023-07-10
Practice Area: Civil Rights
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.
Case Number: S23C-04-003 CAK
Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.
Publication Date: 2023-07-10
Practice Area: Civil Rights
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: David Rudovsky, Jonathan H. Feinberg, Susan M. Lin Kairys, Rudovsky, Messing, Feinberg & Lin LLP, Philadelphia, PA; Patrick Toomey, Ashley Gorski, Sarah Taitz, American Civil Liberties Union Foundation, New York, NY; Jonathan Hafetz, Seton Hall Law School, Newark, NJ for appellants.
for defendant: Leif Overvold, Brian M. Boynton, H. Thomas Byron III, Sharon Swingle, U.S. Department of Justice, Washington, DC for appellees.
Case Number: 21-2798
"Clearly established" threshold inapplicable to discretionary function exception analysis under FTCA because the government lacked discretion to violate constitutional rights.
Publication Date: 2023-07-10
Practice Area: Contracts
Industry: Cargo and Shipping | Construction
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE; Lisa M. Grubb, Marhsall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
Case Number: N21C-05-130 MAA
Replacement cost value provision in moving contract limiting company's liability for damage or loss was valid and enforceable where it met statutory requirements, as the law did not require an accurate valuation of property where customer had opportunity to negotiate or state a value.
Publication Date: 2023-07-03
Practice Area: Consumer Protection
Industry: Federal Government | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Peter Bradford deLeeuw, deLeeuw Law LLC, Wilmington, DE; Nicholas A. Migliaccio, Jason Rathod, Tyler J. Bean, Migliaccio & Rathod, LLP, Washington, DC for plaintiff.
for defendant: Aimee M. Czachorowski, Cheneise Wright, Francis G.X. Pileggi, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Danielle E. Stierna, Jon P. Kardassakis, Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, CA for defendant.
Case Number: 22-317-RGA
Data breach victim had Article III standing by alleging incidents of misuse of her personal identifiable information and alleging that her PII accessed in the data breach was available to cybercriminals.
Law Journal Press | Digital Book
Authors: Michael G. McManus, Rodney R. Sweetland, III
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Publication Date: 2023-07-03
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Patrick J. Collins, Collins & Price, Wilmington, DE for appellant.
for defendant: Brian Arban, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 218, 2022
Errors in microscopic hair comparison forensic testimony did not compel postconviction relief where the errors did not exculpate defendant and the state presented other substantial evidence of defendant's guilt.
Publication Date: 2023-07-03
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: C. Barr Flinn, James M. Yoch, Jr., M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Brock E. Czeschin, Angela Lam, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Patricia L. Enerio, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; John M. Lundin, Niall D. Ó Murchadha, Cynthia L. Botello, Lundin PLLC, New York, NY; John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
Case Number: 12077-NAC
Adverse judgment in related action between the parties did not compel dismissal of plaintiff's aiding and abetting breach of fiduciary duty and unjust enrichment claims where those claims went beyond the scope of the intercreditor agreement that another state's court concluded precluded plaintiff from recovering for default on its note.
Publication Date: 2023-07-03
Practice Area: Labor Law
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Green-Streett
Attorneys: For plaintiff: Billy Hunsucker, pro se appellant.
for defendant: John W. Morgan, Heckler & Frabizzio, Wilmington, DE for appellee.
Case Number: K22A-11-001 RLG
IAB did not abuse discretion in ordering reduction of claimant's opioid dosage where it credited the testimony of employer's medical expert that claimant's dosage was unsafe due to his treating physician's lack of documentation, and where his treating physician also conceded the dangers of high dosage.
Publication Date: 2023-07-03
Practice Area: Contracts
Industry: Energy | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John L. Reed, Daniel P. Klusman, Peter H. Kyle, DLA Piper, LLP, Wilmington, DE; Michael D. Hynes, Emma Kramer Jones, DLA Piper, New York, NY; Benjamin D. Schuman, Ellen E. Dew, DLA Piper, LLP, Baltimore, MD for plaintiff.
for defendant: Steven T. Margolin, Lisa Z. Brown, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig LLP, New York, NY for defendants.
Case Number: N15C-08-109 JJC CCLD
Court declined to award prevailing plaintiff reimbursement of special discovery master and mediation fees where such fees fell within the category of pre-trial costs that each party was expected to bear on its own, as there was no evidence that defendant acted in bad faith or engaged in litigation misconduct.
Publication Date: 2023-07-03
Practice Area: Motor Vehicle Torts
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiffs.
for defendant: Steven F. Mones, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
Case Number: N22C-04-205 CEB
Res judicata barred motor vehicle accident claim when plaintiff chose to prosecute her property damage claim in the Justice of the Peace court, although her adult son's claims could proceed where he was not a named plaintiff in the JP court case and there was no evidence that he had consented to his mother's representation or was incapable of presenting his claims on his own or with counsel.
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