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Publication Date: 2022-09-20
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Matthew F. Boyer, Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE; R. Scott Oswald, Adam Augustine Carter, The Employment Law Group, P.C., Washington, DC for plaintiff.
for defendant: James D. Taylor, Jr., Jessica M. Jones, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case Number: 21-1500-RGA
Plaintiff plausibly alleged sex discrimination from denial of tenure where she alleged that university granted tenure to two male applicants while imposing higher qualification standards upon plaintiff than were articulated in the faculty handbook.
Publication Date: 2022-08-23
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Christina J. Pross, Marinosci Law Group, Wilmington, DE for defendants.
Case Number: D69929
Fair Debt Collection Practices Act and Fair Credit Reporting Act claims arising from inaccurate reporting of loan account status failed as a matter of law where the alleged inaccurate reporting was not made to collect a debt and plaintiff never filed a notice of dispute against the information.
Publication Date: 2022-08-23
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kari Lynn Overington, Milton, DE, pro se plaintiff.
for defendant: George Thomas Lees III, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.
Case Number: D69933
First Amendment claim could be levied against government officials where the claim alleged that regulations on the content of vehicle plate licensing were placed in the unfettered discretion of government officials.
Publication Date: 2022-08-09
Practice Area: Bankruptcy
Industry: Energy | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Jennifer Selendy, Andrew R. Dunlap, Oscar Shine, Max H. Siegel, Selendy Gay Elsberg PLLC, New York, NY; Laura Davis Jones, Timothy P. Cairns, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for appellants.
for defendant: James R. Prince, Kevin Chiu, Baker Botts LLP, Dallas, TX; Scott R. Bowling, Baker Botts LLP, New York, NY; David R. Eastlake, Lauren N. Randle, Baker Botts LLP, Houston, TX; Robert J. Dehney, Curtis S. Miller, Daniel B. Butz, Matthew 0. Talmo, Brian Loughnane, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Kristopher M. Hansen, Kenneth Pasquale, Jonathan D. Canfield, Paul Hastings LLP, New York, NY; Matthew B. Lunn, Robert F. Poppiti, Jr., Young Conaway Stargatt & Taylor, LLP for appellees.
Case Number: D69911
Emergency stay of bankruptcy court's adverse grant of judgment in adversary proceeding denied where appellants were unlikely to prevail on the merits of their appeal and where harm to Chapter 11 debtor outweighed the harm that might come from the reduction of appellants' claims.
Publication Date: 2022-08-09
Practice Area: Labor Law
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Constance Gary, New Castle, DE, pro se plaintiff.
for defendant: Alessandra Glorioso, Jillian Kornblatt, Trevor Brown, Dorsey & Whitney (Delaware) LLP for defendant.
Case Number: D69917
Employee's defamation claim allowed to proceed where employee alleged that rumors were being spread around the workplace by one or more co-workers, which was sufficient allegation to state a claim of vicarious liability against the employer.
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Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2022-07-26
Practice Area: Patent Litigation
Industry: Entertainment and Leisure | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; Dennis D. Murrell, Robert J. Theuerkauf, Daniel W. Redding, Middleton Reutlinger; Louisville, KY for plaintiff.
for defendant: Kelly E. Farnan, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; Edgar H. Haug, Robert E. Colletti, Roman Khasidov, Mark Basanta, Haug Partners LLP, New York, NY for defendants.
Case Number: D69897
Patent term referring to "static stability" was not indefinite where the term had a definite meaning that was well-understood within the art.
Publication Date: 2022-07-26
Practice Area: Labor Law
Industry: Entertainment and Leisure | Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff:
for defendant:
Case Number: D69899
Court granted motion to compel arbitration where claimant's challenges to the conscionability of an arbitration agreement had to be resolved by an arbitration pursuant to the agreement's delegation clause, where claimant was not contesting the enforceability of the delegation clause.
Publication Date: 2022-07-05
Practice Area: Civil Rights
Industry: Real Estate | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Sandra Harmon, Hartsville, SC, pro se plaintiff.
for defendant: Kevin J. Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE; Patricia A. Davis, Deputy Attorney General, Delaware Department of Justice, Dover, DE for defendants.
Case Number: D69875
Constitutional claims arising from monition action dismissed where plaintiff had failed to plead defendants' personal involvement in alleged constitutional violations or where defendants enjoyed immunity from suit for actions taken in their official capacity.
Publication Date: 2022-06-21
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Lauren A. Cirrinicione, Murphy & Landon, Wilmington, DE; Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
for defendant: Mary A. Jacobson, Helene Episcopo, New Castle County Office of Law, New Castle, DE for defendants.
Case Number: D69860
Court denied dismissal of constructive discharge and whistleblower retaliation claims where transfer to work under difficult supervisor could constitute adverse employment action and where employer had failed to present evidence that it had effective process for reporting co-worker harassment.
Publication Date: 2022-05-31
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Paul J. Andre, Lisa Kobialka, James Hannah, Kramer Levin Naftalis & Frankel LLP, Menlo Park, CA; Jonathan S. Caplan, Aaron M. Frankel, Marcus A. Colucci, Kramer Levin Naftalis & Frankel LLP, New York, NY for plaintiff.
for defendant: Jack B. Blumenfeld, Brian P. Egan, MORRIS, Nichols, Arsht & Tunnell LLP, Wilmington, DE; William F. Lee, Sarah B. Petty, Kate Saxton, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Amy Kreiger Wigmore, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Mary (Mindy) V. Sooter, Nora Q.E. Passamaneck, Wilmer Cutler Pickering Hale and Dorr LLP, Denver, CO for defendant.
Case Number: D69837
Jury verdict of infringement under the doctrine of equivalents overturned where plaintiff's expert failed to offer a linking argument between the patent claims and the alleged equivalent infringing product, but instead merely offered generalized and conclusory testimony about their similarity.
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