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  • In re: HDR Holdings, Inc.

    Publication Date: 2020-11-25
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Pauline K. Morgan, Sean T. Greecher, Joseph M. Mulvihill, Jared W. Kochenash, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for HDR Holdings, Inc. and Schramm, Inc. Donald J. Detweiler, John H. Schanne, II, Pepper Hamilton LLP, Wilmington, DE for Official Comm. of Unsecured Creditors of HDR Hold-ings, Inc. Michael D. DeBaecke, Ashby & Geddess P.A., Wilmington, DE for DNOW L.P.
    for defendant: Jamie L. Edmonson, Robinson & Cole LLP, Wilmington, DE; Carey D. Schreiber, Winston & Strawn LLP, New York, NY for GenNx360 Capital Partners, L.P. and Schramm II Inc.
    Case Number: D69201

    Appellants' failure to seek a stay of the bankruptcy court's sale order deprived the district court of juris-diction to consider their appeals.

  • Clemons v. New Castle County

    Publication Date: 2020-11-11
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Michele D. Allen, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Mary A. Jacobson, Laura Thomas Hey, New Castle County Office of Law, New Castle, DE for defendants.
    Case Number: D69182

    Americans with Disabilities Act claim failed where employee did not meet standard of "qualified individual" as request for leave without information on expected progress of treatment or anticipated date of return constituted a request for open-ended leave that was an unreasonable request for accommodation.

  • Internet Media Interactive Corp. v. Shopify Inc.

    Publication Date: 2020-11-04
    Practice Area: Fee Disputes
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: George Pazuniak, O’Kelly & Ernst, LLC, Wilmington, DE for plaintiff.
    for defendant: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Mark Reiter, Y. Audrey Yang, Brian M. Buroker, Gibson, Dunn & Crutcher LLP, Washington, DC for defendant.
    Case Number: D69177

    Based on the totality of the circumstances, the court declined to award defendant its attorney fees follow-ing plaintiff's voluntary dismissal of the complaint with prejudice.

  • M.W. v. Lynch

    Publication Date: 2020-11-04
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Peter L. Frattarelli, Kevin F. Shaw, Archer & Grenier, P.C., Wilmington, DE for plaintiffs.
    for defendant: Stephen M. Ferguson, Kenneth L. Wan, Delaware Dep’t of Justice, Wilmington, DE for defendants.
    Case Number: D69179

    Plaintiffs adequately alleged certain claims for personal liability against officials at a detention facility.

  • Rath v. Vita Sanotec, Inc.

    Publication Date: 2020-10-28
    Practice Area: Trademarks
    Industry: Consumer Products
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Enrique D. Arana Carlton Fields, P.A., Miami, FL for plaintiffs.
    for defendant: Richard D. Heins, Tiffany Geyer Lydon, Ashby & Geddes, Wilmington, DE
    Case Number: D69169

    The court awarded attorney fees to plaintiff in this trademark matter, because it was an exceptional case and defendant had litigated the action in an unreasonable manner.

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  • New Balance Athletics, Inc. v. USA New Bunren Int'l Co. Ltd. LLC

    Publication Date: 2020-10-07
    Practice Area: Trademarks
    Industry: Consumer Products
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Arthur G. Connolly, III, Ryan P. Newell, Stephanie Smiertka Riley, Connolly Gallagher LLP, Wilmington, DE; Thomas L. Holt, Jeremy L. Buxbaum, Perkins Coie LLP, Chicago, IL for plaintiff.
    for defendant: Dennis J. Butler, John D. Simmons, Panitch Schwarze Belisario & Nadel LLP, Wilmington, DE; Timothy T. Wang, Ni, Wang & Massand, PLLC, Dallas, TX for defendant.
    Case Number: D69145

    The court awarded treble damages for trademark infringement, but it denied plaintiff's request for an award of attorney fees.

  • Doe v. Aimbridge Hospitality, LLC

    Publication Date: 2020-10-07
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging | Travel and Tourism
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David A. Felice, Bailey Glasser LLP, Wilmington, DE for plaintiff.
    for defendant: Michael J. Logullo, Rawle & Henderson LLP, Wilmington, DE; Brandon J. Hechtman, Josefine Blick, Wicker, Smith, O’Hara, McCoy and Ford, P.A., Coral Gables, FL for defendant.
    Case Number: D69143

    Civil sexual assault suit dismissed on grounds of forum non conveniens where the alleged assaults took place in another country where neither the victim nor the alleged perpetrators were citizens or residents of Delaware, such that the state had little interest in the controversy.

  • DiaMedica Therapeutics, Inc. v. PRA Health Sciences, Inc.

    Publication Date: 2020-10-07
    Practice Area: Contracts
    Industry: Biotechnology | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Neal C. Belgam, Kathleen M. Miller, Smith Katzenstein Jenkins, LLP, Wilmington, DE for plaintiff.
    for defendant: Arthur G. Connolly, III, Connolly Gallagher LLP, Wilmington, DE; Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; James P. Flynn, Epstein, Becker & Green, P.C., Newark, NJ for defendants.
    Case Number: D69142

    Motion to transfer venue denied where there was a real question as to whether the receiving forum could exercise personal jurisdiction over one defendant as the alleged contacts that might be sufficient to support personal jurisdiction were only conducted by that defendant's parent company.

  • Pruitt v. Air & Liquid Sys. Corp.

    Publication Date: 2020-10-07
    Practice Area: Occupational Safety and Health
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ian Connor Bifferato, The Bifferato Firm, P.A., Wilmington, DE; Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Gibbs C. Henderson, Charles P. Stern, Waters & Kraus, LLP, Dallas, TX for plaintiff.
    for defendant: Matthew P. Donelson, Brian D. Ahern, Eckert, Seamans Cherin & Mellott, LLC, Wilmington, DE; Armand J. Della Porta, Jr., Anna Marina McCann, Jessica L. Tyler of Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D69147

    Genuine issues of material fact existed regarding whether plaintiff's exposure to asbestos contained in products manufactured by defendants was a substantial factor in causing his subsequent injuries.

  • In re: LTC Holdings, Inc.

    Publication Date: 2020-09-30
    Practice Area: Bankruptcy
    Industry: Construction | Federal Government | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE; Andrew S. Kent, Chiesa Shahinian & Giantomasi P.C., West Orange, NJ for appellant.
    for defendant: Richard M. Beck, Klehr Harrison Harvey Branzburg, LLP, Wilmington, DE; David T.B. Audley, Matthew T. Benz, Chapman and Cutler LLP, Chicago, IL for appellee.
    Case Number: D69136

    Surety's partial subrogation rights were extinguished by creditor's release and waiver of claim where surety had not yet completed full performance under its bond at the time of release and thus had its subrogation rights subordinated to the creditor.