• Delaware Law Weekly

    Widener Law Student Named Distinguished Law Student for the Third Circuit

    March 22, 2019

    Widener University Delaware Law School announced that Joseph D. Farris III, a student at the school, was selected as the 2019 Distinguished Law Student for the Third Circuit.

  • State of Delaware v. Pierce

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Annemarie H. Puit, Matthew B. Frawley and Jenna R. Milecki, Department of Justice, Wilmington, DE for the state.
    for defendant: Eugene J. Maurer, Jr. and Elise K. Wolpert, Wilmington, DE for defendant.

    Case Number: D68499

    Geolocation information from a defendant's phone was sufficiently reliable, and expert testimony would assist the jury in un-derstanding the evidence.

  • Delaware Law Weekly

    Potter Anderson Partner Set to Speak at ABA Meeting

    March 20, 2019

    Bill Denny, a partner with Potter Anderson & Corroon, is slated to be a panelist at the ABA business law section spring meeting.

  • In re Maxus Energy Corp.

    Publication Date: 2019-03-20
    Practice Area: Bankruptcy | Environmental Law
    Industry: Chemicals and Materials
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Robert J. Dehney, Curtis S. Miller and Daniel B. Butz, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert Lemons, Weil, Gotshal & Manges LLP, New York, NY; Edward Soto, Miami, FL for Repsol defendants.
    for defendant: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore,White & Case LLP, New York, NY for liquidating trustee.

    Case Number: D68497

    Bankruptcy court declined to abstain because neither mandatory abstention nor the Rooker-Feldman doctrine applied to the facts, and permissive abstention would interfere with the creditors' recovery.

  • Clark v. State

    Publication Date: 2019-03-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Heather A. Long for appellant.
    for defendant: William D. Rimmer for appellee.

    Case Number: D68495

    Claimant could assert promissory estoppel claim, though not included in her initial petition with the IAB, where the elements of promissory estoppel were presented to the board and the board considered the issue in rendering its decision.

  • Heritage Handoff Holdings, LLC v. Fontanella

    Publication Date: 2019-03-20
    Practice Area: Business Torts | Securities Litigation
    Industry: Automotive | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Dylan P. Kletter and Kelsey D. Bond, Brown Rudnick LLP, Hartford, CT for plaintiff.
    for defendant: Dominick T. Gattuso and Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Marc J. Kurzman; Peter M. Nolin and Damian K. Gunningsmith, Carmody Torrance Sandak & Hennessey LLP, Stamford, CT and New Haven, CT for defendant.

    Case Number: D68501

    Purchaser was entitled to recover on its securities fraud claim based on evidence of misrepresentations and omissions, but its common law fraud claim was precluded by the bootstrapping doctrine.

  • State of Delaware v. Watts

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Cari Chapman and Matthew Keating, Deputy Attorneys General, Department of Justice for the state
    for defendant: Elliot Margules, Assistant Public Defender, Office of the Public Defender for defendant.

    Case Number: D68500

    Defendant was not entitled to dismissal or a missing evidence instruction where the state did not deny him access to evidence material to his defense.

  • Cignex Datamatics, Inc. v. Lam Research Corp.

    Publication Date: 2019-03-20
    Practice Area: Contracts
    Industry: Consulting | Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE, for plaintiff.
    for defendant: Theodore A. Kittila and James G, McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE, for defendant.

    Case Number: D68494

    Defendant's motion for summary judgment on plaintiff's breach of contract claim denied where the contract terms were ambiguous as to the trigger for payment and where the parties appeared to have differing expectations.

  • Delaware Law Weekly

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    March 20, 2019

    Delaware Law Weekly Newspaper

  • Canfield v. FCA US LLC

    Publication Date: 2019-03-20
    Practice Area: Products Liability
    Industry: Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Jeffrey S. Goddess and P. Bradford deLeeuw, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Nicholas A. Migliaccio and Jason S. Rathod, Migliaccio & Rathod LLP, Washington, DC for plaintiff.
    for defendant: Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Kathy A. Wisniewski and Stephen A. D'Aunoy, Thompson Coburn LLP, St. Louis, MO for defendants.

    Case Number: D68496

    Implied warranty claims not dismissed where defendant allegedly engaged in active concealment of defect, which tolled the limitations periods, and where air-outs on the tires on plaintiffs' vehicles established their potentially non-merchantable condition and put defendant on notice when plaintiffs brought their vehicles in for service.