• United States v. Delaware Dep't of Ins.

    Publication Date: 2021-10-20
    Practice Area: Insurance Law
    Industry: Federal Government | Insurance | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David A. Hubbert, Acting Assistant Attorney General, David C. Weiss, United States Attorney, Ward W. Benson, Kyle L. Bishop, Trial Attorneys, Tax Division, U.S. Department of Justice, Washington, DC for petitioner.
    for defendant: Kathleen P. Makowski, Deputy Attorney General, State of Delaware Department of Justice; Wilmington, DE; Patricia A. Davis, Deputy State Solicitor, State of Delaware Department of Justice, Dover, DE; James J. Black, III, Jeffrey B. Miceli, Mark W. Drasnin, Black & Gerngross, P.C., Philadelphia, PA for respondent.

    Case Number: D69578

    The court held that the government's petition to enforce summons on a state department of insurance to produce documents related to captive insurance companies should be granted absent a showing that production constituted the business of insurance.

  • Kirk v. Saul

    Publication Date: 2021-07-21
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: David C. Weiss, U.S. Attorney’s Office, Wilmington, DE; Heather Benderson, Brian C. O’Donnell, Melissa K. Curry, Office of General Counsel, Social Security Administration, Philadelphia, PA for defendant.

    Case Number: D69473

    Where an administrative law judge did not consider the opinions of a claimant's medical professionals re-garding conditions stated in his application, the court remanded because the decision was not based on sub-stantial evidence.

  • AstraZeneca Pharms. LP v. Becerra

    Publication Date: 2021-06-30
    Practice Area: Health Care Law
    Industry: Federal Government | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michael P. Kelly, Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei, Stephen K. Wirth, Arnold & Porter Kay Scholer LLP, Washington, DC for plaintiff.
    for defendant: Brian D. Netter, Michelle R. Bennett, Rachael L. Westmoreland, Kate Talmor, Jody Lowenstein, U.S. Department of Justice, Washington, DC for defendants.

    Case Number: D69446

    U.S. Department of Health and Human Service's guidance regarding the 340B drug program violated the Administrative Procedure Act due to lack of notice-and-comment where guidance materially altered obligations of drugmakers under the 340B program and constituted a final agency decision.

  • Obsidian Fin. Group, LLC v. Identity Theft Guard Solutions, Inc.

    Publication Date: 2021-05-12
    Practice Area: Contractual Disputes
    Industry: Consulting | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Richard M. Beck, Craig E. Rushmore, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE for plaintiff.
    for defendant: Brad D. Sorrels, Jessica A. Hartwell, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, PC, Wilming-ton, DE for defendants.

    Case Number: D69395

    Failure of a transaction to meet the requirements of an earnout provision did not entitle plaintiff to relief, so the court granted defendant's motion to dismiss claims for breach of contract, reformation and declaratory relief.

  • Roseboom v. Hunley

    Publication Date: 2021-05-05
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE for plaintiffs.
    for defendant: Dylan J. Steinberg, U.S. Attorney’s Office, Wilmington, DE for defendant.

    Case Number: D69389

    Family members who were injured when a mail truck rear-ended them provided sufficient notice of their claims under the Federal Tort Claims Act. However, another family member failed to present his loss of con-sortium claim, so the court granted the motion to dismiss that claim.

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  • Franklin v. Navient, Inc.

    Publication Date: 2021-05-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Ricky R. Franklin, Stockbridge, GA, pro se plaintiff.
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant.

    Case Number: D69384

    Supreme Court's striking down of the government debt exception to Telephone Consumer Protection Act ban on robocalls as unconstitutional rendered the law void, such that defendant could not rely on that law to avoid liability.

  • Frampton v. Saul

    Publication Date: 2021-04-28
    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: D69377

    The court exercised its discretion to excuse a claimant's forfeiture of a legal issue due to a recent appellate decision, and it remanded the case for a new administrative hearing.

  • Consumer Fin. Prot. Bureau v. The Nat'l Collegiate Master Student Loan Trust

    Publication Date: 2021-04-21
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Consumer Financial Protection Bureau, Washington, DC for plaintiff.
    for defendant: Kurt M. Heyman, Melissa N. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Erik W. Haas, Peter W. Tomlinson, Joshua Kipnees, George A. LoBiondo, Jared Buszin, Devon Hercher, Peter Shakro, Patterson Belknap Webb & Tyler LLP, New York, NY; Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE; Nicholas H. Pennington, Stevens & Lee, P.C., King of Prussia, PA; Stephen B. Brauerman, Jason C. Jowers, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for intervenors.

    Case Number: D69366

    Where CFPB director lacked constitutional authority to initiate an enforcement action, failure of the agency to take diligent action to preserve its enforcement rights meant that ratification by validly appointed director outside the statute of limitation was untimely.

  • State of Delaware v. Wilson

    Publication Date: 2021-04-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Mark A. Denney, Jr., Michael B. Cooksey, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Anthony A. Figiola, Jr., Greto Law, Wilmington, DE for defendant.

    Case Number: D69357

    The court denied defendant's motion for a new trial because the state did not improperly withhold excul-patory evidence and defendant failed to demonstrate any prejudice.

  • Pearson v. Comm'r of Soc. Sec.

    Publication Date: 2020-12-16
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69228

    The administrative law judge's denial of plaintiff's request for disability benefits was supported by substan-tial evidence. Affirmed.