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  • McNeal v. O'Malley

    Publication Date: 2024-04-15
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Marc H. Snyder, Rosen Moss Snyder & Bleefeld, LLP, Wilmington, DE for plaintiff.
    for defendant: David C. Weiss, United States Attorney, United States Attorney's Office for the District of Delaware, Wilmington, DE; Andrew C. Lynch, Special Assistant United States Attorney; Brian C. O'Donnell, Associate General Counsel; Brittany J. Gigliotti, Office of the General Counsel, Social Security Administration, Baltimore, MD for defendant.
    Case Number: 23-350-SRF

    The record contained substantial evidence to support an ALJ's determination of claimant's mental limitations, including examination findings within normal limits and claimant's admission that she could perform most tasks of personal care and daily living.

  • Fasano v. Delaware

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE; David M. Koller, Koller Law, LLC, Philadelphia, PA for plaintiff.
    for defendant: Sawyer M. Traver, Devera B. Scott, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE for defendant.
    Case Number: 22-1329-SRF

    Court dismissed state employee's disability discrimination claim for failure to serve process on the agency and officials he worked for, where service upon the attorney general or state solicitor was in addition to rather than in lieu of service on the named defendants.

  • Traub v. Stardust389, Inc.

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
    for defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.
    Case Number: 22-1582-SRF

    Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.

  • Carpenter v. Liberty Mut. Ins. Co.

    Publication Date: 2024-03-18
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Bayard Marin, Daulton Gregory, Marin & Gregory, LLC, Wilmington, DE for plaintiff.
    for defendant: Karine Sarkisian, Kennedys CMK LLP, Wilmington, DE for defendants.
    Case Number: 23-752-SRF

    Court remanded case due to untimely notice of removal as equitable claim within Delaware chancery court's jurisdiction could be heard by federal court sitting in diversity and the applicable insurance policy limit at issue met the amount-in-controversy threshold.

  • Harris-Williams v. Am. Freight Outlet Stores, LLC

    Publication Date: 2023-10-23
    Practice Area: Premises Liability
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Michael P. Minuti, McCann Dillon Jaffe & Lamb, LLC, Wilmington, DE; Gardenia L. Brooman, Verlin & Brooman, LLC, Bala Cynwyd, PA for plaintiff.
    for defendant: William R. Adams, Dickie McCamey & Chilcote, Wilmington, DE; Sean T. Stadelman, Stephen A. Sheinen, Goldberg Segalla LLP, Philadelphia, PA for defendants.
    Case Number: 22-76-SRF

    Injured decedent's interrogatory responses were admissible under the residual hearsay exception as they were sufficiently trustworthy due to being made under penalty of perjury and were corroborated by other evidence.

  • 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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  • Validity, Inc. v. Project Bordeaux, Inc.

    Publication Date: 2023-10-09
    Practice Area: Patent Litigation
    Industry: E-Commerce | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-365-SRF

    Court dismissed patent infringement claim after finding patent was directed to ineligible subject matter where patent merely involved abstract processes capable of being performed by a human or with the assistance of generic technological components.

  • Huntley v. VBit Tech. Corp.

    Publication Date: 2023-06-06
    Practice Area: Securities Litigation
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1164-CFC-SRF

    Court granted motion for leave to amend securities complaint where no scheduling order had been entered in the case and no defendant had raised a claim that amendment would result in undue prejudice.

  • Shaffer v. Kijakazi

    Publication Date: 2023-05-23
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-628-SRF

    Court issued judgment awarding for Social Security disability insurance benefits rather than remanding for a fourth administrative hearing due to the excessive delay in resolution of the case caused by repeated deficient analysis by the ALJ, when the record evidence supported finding that plaintiff was disabled.

  • Huntley v. VBit Tech. Corp.

    Publication Date: 2023-05-23
    Practice Area: Securities Litigation
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1164-CFC-SRF

    Court granted motion for leave to amend securities lawsuit where the motion was made prior to the issuance of a scheduling order and no defendant argued that the amended pleading was futile or would cause them undue prejudice.

  • O'Hern v. Vida Longevity Fund, LP

    Publication Date: 2023-05-16
    Practice Area: Securities Litigation
    Industry: Insurance | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-402-SRF

    Court granted final approval to a class securities action settlement that provided substantial relief to the class, given the inherent risks that would be faced by taking the case to trial.