• Brown v. Google.com

    Publication Date: 2024-04-22
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Lottoria N. Brown, Wilmington, DE, pro se plaintiff.
    for defendant:

    Case Number: 22-1298 (MN)

    Court dismissed complaint upon sua sponte screening after finding that generic allegations failed to state a prima facie claim.

  • Gordian Med., Inc. v. Vaughn

    Publication Date: 2024-04-15
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Ryan J. Morley, John W. Hofstetter, Littler Mendelson, P.C., Cleveland, OH for plaintiffs.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; David E. Rothstein, Rothstein Law Firm, PA, Greenville, SC for defendant.

    Case Number: 22-319 (MN)

    Although court found most of former employee's restrictive covenants enforceable as reasonably tailored to protect employer's legitimate economic interests, it granted employee judgment where former employer failed to present evidence at trial proving that employee breached any enforceable covenant.

  • Umuhoza v. Pinnacle Rehab. Heath Ctr.

    Publication Date: 2024-03-26
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Placide Umuhoza, Smyrna, DE, pro se plaintiff.
    for defendant: Jennifer C. Bebko Jauffert, Puja Upadhyay, Richards, Layton & Finger, P.A. for defendants.

    Case Number: 23-552 (MN)

    Court dismissed employment discrimination action for lack of sufficient allegations supporting an inference of national origin discrimination.

  • In re: Town Sports Int'l

    Publication Date: 2024-03-11
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ramon Moreno-Cuevas, Hartford, CT, pro se appellant.
    for defendant: Robert S. Brady, Sean T. Greecher, Allison S. Mielke, Timothy R. Powell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for appellee.

    Case Number: 23-472 (MN) MEMORANDUM OPINION

    Court declined to stay order confirming bankruptcy court's denial of relief from plan injunction where appellant failed to demonstrate a likelihood of success on appeal or show how the court's order altered the status quo.

  • Pasquale v. KBR, Inc.

    Publication Date: 2024-01-29
    Practice Area: Labor Law
    Industry: Construction | Energy | Recruitment and Staffing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for plaintiff.
    for defendant: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE; Cecily L. Kaffer, The Kullman Firm, Mobile, AL; Setara C. Ozan, The Kullman Firm, Birmingham, AL for defendants.

    Case Number: 22-1224 (MN)

    Age discrimination/failure-to-hire claim failed under a theory of cat's paw liability where employer relied on more information than the feedback of a potentially biased supervisor to determine that plaintiff lacked the necessary skills and recent work experience.

  • 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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  • Patel v. Alphabet Inc.

    Publication Date: 2024-01-15
    Practice Area: Consumer Protection
    Industry: E-Commerce | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Raj Patel, Indianapolis, IN, plaintiff pro se.
    for defendant:

    Case Number: 23-797 (MN)

    Court dismissed pro se complaint as unintelligible and barred by res judicata.

  • Hulton v. Artesian Water Co.

    Publication Date: 2024-01-08
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Jennifer Hulton, Lincoln University, PA, plaintiff pro se.
    for defendant: Lauren Elizabeth Moak Russell, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.

    Case Number: 22-1584 (MN)

    Employer was entitled to summary judgment where employee failed to rebut employer's legitimate, performance-based reasons for termination to show that those reasons were a pretext for disability discrimination.

  • Giffing v. Appoquinimink Sch. Dist.

    Publication Date: 2024-01-01
    Practice Area: Personal Injury
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Raeann Warner, Collins, Price & Warner, Wilmington, DE for plaintiff.
    for defendant: Michael P. Stafford, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.

    Case Number: 23-457 (MN)

    Court dismissed state law claims against school district arising from teacher's alleged sexual assaults where plaintiff failed to rebut district's assertion that those state law claims predominated over the single federal law claim asserted against the teacher.

  • Isaac v. Cable News Network, Inc.

    Publication Date: 2023-10-30
    Practice Area: Litigation
    Industry: Federal Government | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE; Brian R. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
    for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department Of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Gurney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansky, Winston & Strawn LLP, New York, NY for defendants.

    Case Number: 23-247 (MN)

    Applying the four factors enumerated in Pioneer, the court determined that plaintiff's counsel's late filing of an opposition to a motion to dismiss due to his mis-reliance on the rules was not "excusable neglect" and denied his motion to reconsider the court's decision granting the motion to dismiss.

  • Rex Med., L.P. v. Intuitive Surgical, INC.

    Publication Date: 2023-10-02
    Practice Area: Patent Litigation
    Industry: Health Care | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Michael J. Farnan, Brian E. Farnan, Farnan LLP, Wilmington, DE; Erik B. Milch, Cooley LLP, Reston, VA; Allison Elkman, Cooley LLP, Washington, D.C.; Dena Chen, Deepa Kannappan, Cooley LLP, Palo Alto, CA for plaintiff.
    for defendant: Nathan R. Hoeschen, Karen E. Keller, Shaw Keller LLP, Wilmington, DE; George Lombardi, Winston & Strawn LLP, Chicago, IL; Claire A. Fundakowski, Joseph C. Masullo, Winston & Strawn LLP, Washington, D.C.; Kelly C. Hunsaker, Michael Rueckheim, Winston & Strawn LLP, Redwood City, CA; Evan Lewis, Winston & Strawn LLP, Houston, TX for defendants.

    Case Number: 19-005 (MN)

    After crediting the jury's verdict of patent infringement, the court determined that plaintiff had failed to offer any evidence that would serve as a basis for damages and remitted the jury's award to nominal damages of $1.