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Publication Date: 2022-02-22
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Colin T. Reardon, Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Tiffany Hardy, Consumer Financial Protection Bureau, Washington, D.C. for plaintiff.
for defendant: Megan Ix Brison, Michael A. Weidinger, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE for defendants.
Case Number: D69722
The court certified two issues for appeal though there was no final judgment because they were both novel and controlling questions of law with substantial ground for difference of opinion and the appeal would advance the ultimate termination of the litigation.
Publication Date: 2022-02-15
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, pro se plaintiff,
for defendant: Philadelphia, PA; Craig E. Pinkus, Philip Zimmerly, Bose Mckinney & Evans LLP, Indianapolis, IA; Craig E. Pinkus, Philip Zimmerly, Bose Mckinney & Evans LLP, Indianapolis, IA; Nicholas D. Mozal, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.
Case Number: D69716
Copyright infringement claims failed where settlement between author and publisher did not expressly terminate publisher's contractual right to publish and sell the author's book.
Publication Date: 2022-01-25
Practice Area: Telecommunications
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: A. Thompson Bayliss, Daniel John McBride, Abrams & Bayliss LLP, Wilmington, DE; Mitchell A. Kamin, Mark Chen, Covington & Burling LLP, Los Angeles, CA; Lindsay Barnhart, Covington & Burling LLP, Palo Alto, CA for plaintiff.
for defendant: Kelly E. Farnan, Richards, Layton & Finger, PA, Wilmington, DE; Howard J. Symons, Jenner & Block LLP, New York, NY; Megan B. Poetzel, Lina R. Powell, Jenner & Block LLP, Chicago, IL for defendant.
Case Number: D69691
Federal court lacked federal jurisdiction over breach of contract claim where FCC antitrust regulations were not sufficiently substantial enough to the case to warrant the exercise of jurisdiction.
Publication Date: 2022-01-25
Practice Area: Contracts
Industry: Cargo and Shipping | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Geoffrey G. Grivner, Andrew Hope, Craig Mills, Buchanan Ingersoll & Rooney P.C., Wilmington, DE; George R. Zacharkow, Deasey, Mahoney & Valentini, LTD, Philadelphia, PA for plaintiff.
for defendant: Frank P. DeGiulio, Kevin G. O’Donovan, Michael B. McCauley, Palmer, Biezup & Henderson, Wilmington, DE; Michael B. McCauley, Palmer, Biezup & Henderson, Wilmington, DE for defendants.
Case Number: D69690
The court held that plaintiff successfully pled a cause of action for promissory estoppel where it alleged defendant promised to pay the new tariff, that plaintiff relied on that promise, and that plaintiff suffered harm when Dole refused to pay. Motion to dismiss denied. However, plaintiff's claim for promissory fraud and punitive damages failed to state the mandatory requirements that defendant knew their statements about reimbursement were false and that defendant had a meritorious defense such that punitive damages were not applic
Publication Date: 2021-12-28
Practice Area: Consumer Protection
Industry: Financial Services and Banking | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Carolyn I. Hahn, Colin T. Reardon, Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Tiffany Hardy, Consumer Financial Protection Bureau, Washington, D.C. for plaintiff;
for defendant: Daniel M. Silver, McCarther & English LLP, Wilmington, DE; Megan Ix Brison, Michael A. Weidinger, Pinckney Weidinger Urban & Joyce LLC, Wilmington, DE for defendants.
Case Number: D69660
Agency enforcement action filed by agency head who was subject to an unconstitutional removal provision was not automatically void, thereby eliminating the need for the agency to later timely ratify the action within the statute of limitations.
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Publication Date: 2021-12-07
Practice Area: Toxic Torts
Industry: Chemicals and Materials
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kimberly Ann Evans, Kyle John Mcgee, Kelly L. Tucker, Grant & Eisenhofer, P.A., Wilmington, DE; Frank M. Petosa, Marcio W. Valladares, Michael Ram, Rene F. Rocha, T. Michael Morgan, Morgan & Morgan, Fort Lauderdale, FL for plaintiff.
for defendant: Kenneth J. Nachbar, Miranda N. Gilbert, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Zi-Xiang Shen, Delaware Department of Justice, Wilmington, DE; Athena D. Dalton, Stephen A. Swedlow, Quinn Emanuel Urquhart & Sullivan, LLP, Chicago, IL for defendant.
Case Number: D69635
The court held that plaintiffs failed to state a cause of action for tort claims because they were unable to plead that they had received an injury from defendant's allegedly negligent leaking of a known carcinogen around where plaintiffs lived.
Publication Date: 2021-11-30
Practice Area: Personal Injury
Industry: Hospitality and Lodging | Travel and Tourism
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Anna Tractenberg, Craig Tractenberg, Villanova, Pennsylvania, pro se plaintiffs.
for defendant: Brannan Cole, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE; Marc Sposato, Riley B. MacGray, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE for defendant.
Case Number: D69627
Court declined to exercise personal jurisdiction over foreign subsidiary of domestic parent where subsidiary had no contacts with the forum and the parent's domestic actions could not be imputed to a subsidiary.
Publication Date: 2021-11-16
Practice Area: Trade Secrets
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jody Barillare, John P. Bramble, Michael P. Jones, Nancy L. Patterson, Morgan, Lewis & Bockius LLP, Wilmington, DE for plaintiff.
for defendant: Leslie B. Spoltore, Dove Burns, Obermayer, Rebmann, Maxwell & Hippel LLP, Wilmington, DE for defendant.
Case Number: D69611
Misappropriation and tortious interference claims survived dismissal where company plausibly alleged that competitor solicited trade secrets from its chief executive officer and worked with the CEO to poach other key employees, in violation of the CEO's employment agreements.
Publication Date: 2021-11-09
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Christofer Curtis Johnson, The Johnson Firm LLC, Wilmington, DE for plaintiff.
for defendant: Mary A. Jacobson, New Castle County Law Department, New Castle, DE for defendants.
Case Number: D69599
The court held that where plaintiff alleged that when police received a tip about drug dealing at his house, police did not investigate further but forcibly subdued and arrested him, plaintiff stated a claim for excessive force and unlawful arrest.
Publication Date: 2021-11-09
Practice Area: Class Actions
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Seth Rigrodsky, Herbert W. Mondros, Rigrodsky Law P.A., Wilmington, DE; Eya Dror, Shelly L. Friedland, Stan Gutgarts, Ted Trief, Trief & Olk, New York, NY; Macy D. Hanson, The Law Office of Macy D. Hanson PLLC, Madison, MS; Peter S. Pearlman, Cohn, Lifland, Pearlman, Herrman, & Knopf LLP, Saddle Brook, NJ for plaintiffs.
for defendant: J. Cory Falgowski, H. Carlton Hilson, Kristin Bryance Metheny, Ronald W. Flowers, Burr & Forman LLP, Wilmington, DE for defendants.
Case Number: D69598
The court held that since plaintiffs, who were agents of defendant company, filed their claims under the Fair Labor Standards Act after the deadline for underpayment claims, their claims should be dismissed with prejudice.
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