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Publication Date: 2023-12-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.
Case Number: 22-2153
Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.
Publication Date: 2023-11-20
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
for defendant: James D. Taylor, Jr., Jessica M. Jones, Juliana G. Clifton, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Arthur D. Kuhl, Matthew R. Hindley, Reger Rizzo & Darnall LLP, Wilmington, DE for defendants.
Case Number: 1:17-cv-00157-SB
Court dismissed case for failure to prosecute where plaintiff had willfully or recklessly failed to actively litigate the case for several years despite repeated extensions and warnings from the court.
Publication Date: 2023-11-06
Practice Area: Tax
Industry: Financial Services and Banking | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Daniel Charles Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for plaintiff.
for defendant: Jennifer Marie Kinkus, William Edward Gamgort, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for defendants.
Case Number: 1:21-cv-00249-SB
Breach of fiduciary duty claim was untimely under statute of limitations where plaintiff was on inquiry notice of his claim no later than his receipt of an IRS audit notice investigating transactions involving defendant.
Publication Date: 2023-10-09
Practice Area: Intellectual Property
Industry: E-Commerce | Legal Services | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY for plaintiffs.
for defendant: David E. Moore, Bindu A. Palapura, Andrew L. Brown Potter Anderson & Corroon LLP, Wilmington, DE; Gabriel M. Ramsey, Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Shira Liu, Margaux Poueymirou, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Crowell & Moring LLP, Washington, D.C. for defendant.
Case Number: 20-cv-613-SB
Court excluded economic expert's testimony as unsupported by data and methodology where expert claimed there was little likelihood of a market for plaintiffs' product, since there were insufficient facts about the attributes of the product or whether there were current substitutes for the product already on market.
Publication Date: 2023-08-28
Practice Area: Labor Law
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: Justin L. Swidler, Swartz Swidler, Haddonfield, NJ for appellants.
for defendant: Kimberly Cheeseman, Michael C. Crow, Katherine D. Mackillop, Norton Rose Fulbright, Houston, TX for appellees.
Case Number: 22-1613
Court adopted test to determine whether employer required clothing or protective/safety gear was integral to an employee's job duties, which included factors such as the location of changing, whether government regulations required the clothing/gear, and the type of clothing or gear involved.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-08-21
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Andrew S. Dupre, Sarah E. Delia, McCarter & English, LLP, Wilmington, DE; David Spears, Cynthia Chen, Zacharia Chibane, Spears & Imes LLP, New York, NY for plaintiff.
for defendant: David E. Ross, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE; Jeffrey L. Willian, Devora W. Allon, Gilad Y. Bendheim, Patrick J. Gallagher, Vera C. Esses, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: 1:18-cv-00654-SB-SRF
Court dismissed complaint seeking to pierce corporate veil where plaintiff failed to present evidence that parent and subsidiary failed to observe corporate formalities.
Publication Date: 2023-06-20
Practice Area: Admiralty
Industry: Cargo and Shipping
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: J. Stephen Simms, Simms Showers, Baltimore, MD for appellant.
for defendant: Amanda D. Price, Squire Patton Boggs, Houston, TX; John J. Reilly, Squire Patton Boggs, New York, NY for appellee.
Case Number: 22-1276
Party could seek maritime attachment for indemnification of a claim made against that party, but its claim for loss-of-hire was too contingent to support attachment as it depended on failing to recover on that claim against the vessel's owner.
Publication Date: 2023-06-06
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Jeremy A. Tigan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Andrew J. Cochran, Gerald J. Flattman, Jr., Cahill Gordon & Reindel LLP, New York, NY for plaintiffs.
for defendant: Megan C. Haney, John C. Phillips, Jr., Phillips, McLaughlin & Hall, P.A., Wilmington, DE; Adrianne C. Rose, Joseph T. Jaros, Natasha L. White, William A. Rakoczy, Rakoczy Molino Mazzochi Siwik LLP, Chicago, IL for defendants.
Case Number: 21-cv-1710-SB
Court could clarify claim constructions from prior litigation involving the same patents-in-suit even if patentee acted as its own lexicographer, but only narrow clarification was necessary for one of the disputed terms.
Publication Date: 2023-05-09
Practice Area: Education Law
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Sarah N. Westcot, Joshua D. Arisohn, Bursor & Fisher, P.A., New York, NY; Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE; Michael L. Vild, Cross & Simon, LLC, Wilmington, DE; Blake G. Abbott, Eric M. Poulin, Roy Willey, Paul Doolittle, Anastopoulo Law Firm, LLC, Charleston, SC for plaintiffs.
for defendant: James D. Taylor, Jr., Charles E. Davis, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case Number: 20-cv-1478-SB
Motion to stay district court proceedings pending appeal of class certification denied where defendant would have an adequate remedy with continued proceedings and was unlikely to prevail in its appeal.
Publication Date: 2023-04-25
Practice Area: Contracts
Industry: Distribution and Wholesale | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kevin Scott Mann, Cross & Simon, LLC, Wilmington, DE; David B. Gordon, Tiana A. Bey, Mitchell Silberberg & Knupp LLP, New York, NY for plaintiff.
for defendant: Alessandra Glorioso, Angela E. Dralle, William J. Miller, Dorsey & Whitney LLP, Wilmington, DE for defendant.
Case Number: 21-cv-353-SB
Parties' "promissory note" functioned like an earnout contract, subjecting plaintiff's claims to the three-year statute of limitations for contract claims rather than the six-year limitations period.
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