• In re: Walmart Inc. Sec. Litig.

    Publication Date: 2024-04-22
    Practice Area: Securities Litigation
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Sara Fuks, The Rosen Law Firm, P.A., New York, NY for plaintiffs.
    for defendant: Robert W. Whetzel, Raymond J. DiCamillo, John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Sean M. Berkowitz, Nicholas J. Siciliano, Latham & Watkins LLP, Chicago, IL for defendants.

    Case Number: 21-55-CFC

    Stockholders failed to adequately plead that securities filings were materially false or misleading where statements adequately conveyed that the company was subject to investigations and securities laws did not require corporations to guess as to the likely outcome of such investigations.

  • Preister v. Tesla BioHealing, Inc.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, Dover, DE for plaintiff.
    for defendant: David B. Anthony, Zachary J. Schnapp, Berger McDermott LLP, Wilmington, DE for defendant.

    Case Number: 23-00575-CFC

    Claims were time-barred under applicable one-year limitations period to the extent they sought to recover unpaid wages, although promissory estoppel claim seeking reimbursement of relocation costs was timely under the general three-year limitations period.

  • Murphy v. State

    Publication Date: 2024-04-01
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging | Legal Services | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-415-CFC

    Plaintiffs' disability discrimination claims failed due to the lack of allegations establishing a causal connection between one plaintiff's' disability and the family's eviction facilitated by state officials.

  • AstraZeneca Pharm. LP v. Becerra

    Publication Date: 2024-03-18
    Practice Area: Health Care Law
    Industry: Federal Government | Manufacturing | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English LLP, Wilmington, DE; Catherine E. Stetson, Susan M. Cook, Marian Golden, Hogan Lovells US LLP, Washington, DC for plaintiffs.
    for defendant: Jacob Laksin, United States Department of Justice, Wilmington, DE; Brian D. Netter, Brian M. Boynton, Michelle R. Bennett, Alexander V. Sverdlov, Stephen M. Pezzi, Christine L. Coogle, Cassandra M. Snyder, United States Department of Justice, Washington, DC for defendants.

    Case Number: 23-931-CFC

    Drug manufacturer lacked standing to challenge Drug Price Reduction Program and associated guidelines due to the lack of a concrete and imminent injury in fact from the program.

  • Rayfield-Bey v. Wells Fargo & Co.

    Publication Date: 2024-03-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Verlyn-Teresa: Rayfield-Bey, Wilmington, DE, pro se plaintiff.
    for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Katherine Randolph Fry, Offit Kurman, P.A., Wilmington, DE; Geoffrey Graham Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE for defendants.

    Case Number: 22-1073-CFC

    Real Estate Settlement Procedures Act claim failed where qualified written request did not seek servicing information but instead demanded the original, ink-signed note for the mortgage to prove the servicer's right to collect mortgage payments.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • In Re Venoco, LLC

    Publication Date: 2023-12-25
    Practice Area: Bankruptcy
    Industry: Energy | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Dehney, Andrew R. Remming, Matthew O. Talmo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Warren W. Harris, Nancy McEvily Davis, Stephani A. Michel, Bracewell LLP, Houston, TX for appellant.
    for defendant: Rob Bonta, Christina Bull Arndt, Office of the California Attorney General, Los Angeles, CA; Edward K. Black, Delaware Department of Justice, Wilmington, DE; David M. Fournier, Kenneth A. Listwak, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Steven S. Rosenthal, Marc S. Cohen, J.D. Taliaferro, Alicia M. Clough, Loeb & Loeb LLP, Los Angeles, CA for appellee.

    Case Number: 17-10828 (JTD)

    Adversary proceeding asserting inverse condemnation claim failed where state government seized possession of facility necessary to prevent dangerous environmental contamination when owner ran out of funds to operate the facility.

  • Nimitz Tech. LLC v. CNET Media, Inc.

    Publication Date: 2023-12-11
    Practice Area: Patent Litigation
    Industry: Legal Services | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1247-CFC

    Court referred plaintiffs' counsel for disciplinary investigations after finding that they acted at the direction of patent monetization firms rather than the named plaintiffs in the present patent infringement cases.

  • Ramsey Asset Mgmt., LLC v. The Standard Ins. Co.

    Publication Date: 2023-11-13
    Practice Area: Civil Procedure
    Industry: Insurance | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Roger D. Landon, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
    for defendant: James W. Semple, R. Grant Dick IV, Cooch and Taylor P.A., Wilmington, DE; Brooks R. Magratten, Michael J. Daly, Pierce Atwood LLP, Providence, RI for defendant.

    Case Number: 23-453-CFC

    Court transferred case to Eastern District of Virginia where it involved a dispute over an insurance policy issued to a Virginia-headquartered company and the parties had no connection to Delaware other than the company's state of incorporation.

  • Gemedy Inc. v. The Carlyle Group Inc.

    Publication Date: 2023-10-16
    Practice Area: Intellectual Property
    Industry: E-Commerce | Investments and Investment Advisory | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Comrie Barr Flinn, Alberto E. Chavez, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE; Mark L. D. Wawro, Max L. Tribble, Susman Godfrey, LLP, Houston, TX; Tamar Lusztig, Susman Godfrey, LLP, New York, NY for plaintiff.
    for defendant: Jack B. Blumenfeld, Alexandra M. Cumings, Ryan D. Stottmann, William M. Lafferty, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; Kevin P.B. Johnson, Quinn Emanuel Urquhart & Sullivan, LLP, Redwood Shores, CA; Patrick D. Curran, Quinn Emanuel Urquhart & Sullivan, LLP, Boston, MA for defendants.

    Case Number: 23-157-CFC

    Defendants could remove case under federal officer removal statute by alleging that it had acquired the right to use plaintiff's intellectual property via federal government contracts after the government allegedly obtained "unlimited right" to the intellectual property.

  • In re Abeinsa Holdings, Inc.

    Publication Date: 2023-09-11
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Construction | Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Denhey, Andrew R. Remming, Matthew 0. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; David Dunn, Allison Wuertz, Hogan Lovells US LLP, New York, NY for appellant.
    for defendant: Brian A. Sullivan, Werb & Sullivan, Wilmington, DE; Don Fogel, Fogel & McEvily, LLC, Houston, TX for appellee.

    Case Number: 22-1371-CFC

    Bankruptcy court correctly dismissed statutory disgorgement and turnover claims against assignee of unlicensed contractor who held invoices owed by debtor, where California's statutory provision authorizing recovery of sums paid to unlicensed contractor did not extent to other parties.