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Publication Date: 2019-10-23
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Matthew Jones, Greenwood, DE, pro se plaintiff.
for defendant: N/A
Case Number: D68748
A pro se plaintiff failed to state a valid claim under the Federal Tort Claim Act or for violations of his civil rights.
Publication Date: 2019-08-28
Practice Area: Creditors' and Debtors' Rights
Industry: Education | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Georkeshia Denise Campbell, Lancaster, CA, pro se plaintiff.
for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant Navient Corporation. David C. Weiss, United States Attorney, and Jesse S. Wenger, Assistant United States Attorney, Wilmington, DE for defendant United States Department of Education.
Case Number: D68679
Constitutional and civil rights claims against the Department of Education and a student loan servicer failed where there was no basis to waive the department's sovereign immunity and the loan servicer was not a state actor and was not alleged to have acted in a discriminatory matter.
Publication Date: 2019-03-27
Practice Area: Government
Industry:
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Oliver J. Cleary, Department of Justice, Wilmington, DE for the state.
for defendant: John S. Whitelaw and Katherine E. Sell, Community Legal Aid Society, Inc., Wilmington and Dover, DE; Travis W. England, Nationall Center for Law and Economic Justice, New York, NY for defendant. Joan-na J. Cline, Pepper Hamilton LLP, Wilmington, DE for amicus curiae David A. Super of Georgetown Univ. Law Center in support of defendant.
Case Number: D68505
The state was preempted by federal law from bringing a state court action against a recipient of public benefits for fraud where a state agency had already pursued an administrative action based on the identical facts.
Publication Date: 2019-02-27
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Tammy Harvey, Felton, DE, pro se plaintiff. Eric P. Kressman, Regional Counsel, and Annie Kernicky, Assistant Deputy Regional Counsel, Office of the Regional Chief, Social Security Administration, Philadelphia, PA; David C. Weiss, U.S. Attorney for the District of Delaware, Wilmington, DE
for defendant: Heather Benderson, Special Assistant U.S. Attorney, Office of the General Counsel, Philadelphia, PA for defendant.
Case Number: D68472
Claimant not entitled to SSI benefits, where substantial evidence supported the conclusion that her disability was caused by her alcoholism, since the Social Security Act precluded benefits for claimants disabled by alcoholism or drug addiction.
Publication Date: 2019-02-13
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: David C. Weiss and Jennifer Lynne Hall, U.S. Attorney's Office, Wilmington, DE for defendants.
for defendant: N/A
Case Number: D68461
The court dismissed plaintiff's complaint under the Federal Tort Claims Act because he failed to show that he exhausted his administrative remedies prior to filing in court.
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Publication Date: 2018-11-21
Practice Area: Corporate Entities | Occupational Safety and Health
Industry: Aerospace | Federal Government
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Paul D. Brown, Joseph B. Cicero and Stephanie H. Dallaire of Chipman Brown Cicero & Cole, LLP, Wil-mington, DE; Cynthia S. Arato and Daniel J. O'Neill of Shapiro Arato LLP, New York, NY, attorneys for plaintiff
for defendant: Francis G.X. Pileggi and Alexandra D. Rogin of Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, Edward J. Longosz, II of Eckert Seamans Cherin & Mellott, LLC, Washington, DC, attorneys for de-fendant.
Case Number: D68362
A pilot was entitled to indemnification under the bylaws of an aircraft charter company in connection with le-gal expenses incurred in a drug testing matter.
Publication Date: 2018-11-14
Practice Area: Administrative Law | Evidence
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Thynge
Attorneys: For plaintiff:
for defendant:
Case Number: D68357
An administrative law judge properly denied plaintiff's request for Social Security disability benefits where the record indicated that her medical condition did not prevent her from performing sedentary work with some physical limitations.
Publication Date: 2018-09-05
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Education | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: NA
for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE, for defendant
Case Number: D68275
In this student loans matter, plaintiff failed to adequately allege the status of the debts, as well as whether defendant quali-fied as a "debt collector."
Publication Date: 2018-07-11
Practice Area: Corporate Governance | Mergers and Acquisitions
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Ned Weinberger and Thomas Curry, Labaton Sucharow LLP, Wilmington, DE; March Lebovitch, Edward Timlin, John Vielandi, and David MacIsaac, Bernstein Litowitz Berger & Grossman LLP, New York, NY; Vincent R. Cappucci and Joshua K. Porter, Entwistle & Cappucci LLP, New York, NY, attorneys for plaintiffs
for defendant: Rudolf Koch, Kevin M. Gallagher, Sarah A. Clark, and Anthony M. Calvano, Richards, Layton & Finger, P.A., Wilmington, DE; William Ohlemeyer, Edward Normand, and Jason Cyrulnik, Boies Schiller Flexner LLP, Armonk, NY; Kevin G. Abrams, Michael A. Barlow, and April M. Kirby, Abrams & Bayliss, Wilmington, DE; Greg A. Danilow, Seth Goodchild, and Thomas G. James, Weil, Gotshal & Manges LLP, New York, NY, attorneys for defendants.
Case Number: D68207
Claim that controlling stockholder improperly used influence to acquire company asset in exchange for approving sale of the company was a direct claim that could be brought by stockholders since they would have received consideration for the asset but for the controller's conduct.
Publication Date: 2018-03-28
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68088
Funds received from federal government contract work held in constructive trust where debtor collected funds for work performed by another entity.
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