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Publication Date: 2020-03-11
Practice Area: Constitutional Law | Wrongful Death
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Thomas C. Crumplar and Raeann C. Warner of Jacobs & Crumplar, P.A.; Stephen J. Neuberger and Thomas S. Neuberger of The Neuberger Firm, P.A. for plaintiffs.
for defendant: Michael P. Kelly, Steven P. Wood, Dawn Kurtz Crompton, Hayley J. Reese and Adam N. Saravay of McCarter & English, LLP for defendant city. James D. Taylor, Jr. and Jessica M. Jones of Saul Ewing Arnstein & Lehr for defendant Williams. Kathleen Furey McDonough, Jesse L. Noa and Tracey E. Timlin of Potter Anderson & Corroon LLP for defendant Goode.
Case Number: D68909
Plaintiffs failed to state a claim for a violation of constitutional law in this case involving the injury and death of multiple fire-fighters. Family members did not have standing to pursue wrongful death actions, but the representatives of those estates could do so.
Publication Date: 2020-02-05
Practice Area: Contractual Disputes
Industry: Chemicals and Materials | Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Bernard Katz, pro se plaintiff.
for defendant: David B. Anthony, Berger, Harris, LLP, Wilmington, DE for defendant.
Case Number: D68866
The court referred this matter to arbitration, because a valid arbitration clause existed and the parties' dispute fell within the scope of that provision.
Publication Date: 2020-02-05
Practice Area: Employment Litigation
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff.
for defendant: Michele D. Allen, Allen & Assoc., Hockessin, DE; Robin R. Cockey and Ashley A. Bosché, Cockey, Brennan & Maloney, P.C., Salisbury, MD for defendants.
Case Number: D68867
A former employee did not allege sufficient facts to show a hostile work environment, nor did she make a causal connection between her protected activity and the adverse employment action against her.
Publication Date: 2020-01-29
Practice Area: Securities Litigation
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Timothy R. Dudderar and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; David J. Jordan and Michael R. Menssen, Stoel Rives LLP, Salt Lake City, UT for plaintiff.
for defendant: Robert S. Saunders and Jeffrey Geier, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE and New York, NY for defendant.
Case Number: D68858
Plaintiffs failed to satisfy the heightened pleading standard with respect to their fraud and securities claims, and they did not allege a fiduciary relationship in connection with the negligent representation claim.
Publication Date: 2020-01-29
Practice Area: Employment Litigation
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Seth J. Reidenberg, Tybout, Redfearn & Pell, Wilmington, DE; Evan L. Frank, Alan L. Frank Law Associates, P.C., Jenkintown, PA for plaintiff.
for defendant: Barry M. Willoughby, Timothy Jay Houseal, Curtis J. Crowther, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
Case Number: D68861
Employer was entitled to summary judgment on employee's discrimination and disparate treatment claims based on race and sex, as well her hostile environment claim based on sex.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2020-01-15
Practice Area: Criminal Appeals
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Alexander Ibrahim, Assistant U.S. Attorney, U.S. Dep’t of Justice, Wilmington, DE for plaintiff
for defendant: Joseph Scott, pro se defendant.
Case Number: D68845
Defendant's motion to correct an illegal sentence was untimely, so the court denied the motion because it lacked jurisdiction.
Publication Date: 2019-12-18
Practice Area: Trademarks
Industry: Consumer Products | E-Commerce | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Arthur G. Connolly, III and Ryan P. Newell, Connolly Gallagher LLP, Wilmington, DE; Thomas L. Holt and Jeremy L. Buxbaum, Perkins Coie LLP, Chicago, IL for plaintiff.
for defendant: Dennis J. Butler and John D. Simmons, Panitch Schwarze Belisario & Nadel LLP, Wilmington, DE; Timothy T. Wang, Ni Wang & Massand, PLLC, Dallas, TX for defendant.
Case Number: D68811
Defendant's mark created a likelihood of confusion with respect to plaintiff's federally registered trademark.
Publication Date: 2019-10-16
Practice Area: Telecommunications
Industry: Energy | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Chad J. Toms, Whiteford Taylor Preston LLC, Wilmington, DE; Aytan Y. Bellin, Bellin & Assoc. LLC, White Plains, NY for plain-tiff.
for defendant: Alexandra Rogin, Charles A. Zdebski and Jeffrey P. Brundage, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE and Washington, DC for defendant. David C. Weiss, Chad A. Readler, Eric R. Womack, Anjali Motgi and Laura D. Hatcher, U.S. Department of Justice.
Case Number: D68739
Plaintiff stated a claim for relief under the Telephone Consumer Protection Act, and defendant's challenge to plaintiff's standing to seek injunctive relief was premature.
Publication Date: 2019-10-09
Practice Area: Bankruptcy
Industry: Energy | Mining and Resources
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Mark D. Collins and John H. Knight, Richards, Layton & Finger, P.A, Wilmington, DE; Richard A. Levy, Keith A. Simon, and Christopher Harris, Latham & Watkins LLP, New York, NY for appellant.
for defendant: Seth Niederman, William H. Stassen, and Dana S. Katz, Fox Rothschild LLP, Wilmington, DE for appellees.
Case Number: D68728
Bankruptcy court did not abuse discretion to apply Bankruptcy Rule 7023 where it had grounds to find that all potential class members may not have been served with notice of the bar date, that certification would not adversely affect estate administration, and that the class claim would serve a deterrent effect upon the reorganized debtor.
Publication Date: 2019-10-02
Practice Area: Constitutional Law
Industry: Chemicals and Materials | Consulting | Distribution and Wholesale
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Michael P. Kelly, David A. White and Matthew J. Rifino, McCarter & English LLP, Wilmington, DE; James G. Ryan and Jameel S. Turner, Bailey Cavalieri LLC, Columbus, OH for plaintiff.
for defendant: Caroline Lee Cross and Elizabeth R. McFarlan, Delaware Dep’t of Justice, Wilmington, DE; Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan and Robert M. Vrana, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Steven S. Rosenthal, Tiffany R. Moseley and John David Taliaferro, Loeb and Loeb LLC, Washington, DC for defendants.
Case Number: D68725
Plaintiff's claims for equal protection and procedural due process violations were ripe for review, but other matters were not yet ripe.
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