• Cardona v. Hitachi Koki Co., Ltd.

    Publication Date: 2019-02-20
    Practice Area: Products Liability
    Industry: Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: David A. Boswell, Hudson, Jones, Jaywork & Fisher, LLC; Brian D. Kent and Samuel I. Reich, Laffey, Bucci & Kent, LLP for plaintiffs.
    for defendant: Thomas J. Gerard and Bradley D. Remick, Marshall Dennehey Warner Coleman & Goggin; Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A. for defendants.

    Case Number: D68463

    Court could exercise personal jurisdiction over foreign manufacturer in products liability claim where it took affirmative steps, including formation of a domestic subsidiary, to place its products in the stream of commerce within the state, which led to plaintiff's alleged injury in the state.

  • Optical Air Data Sys., LLC v. L-3 Commc'ns Corp.

    Publication Date: 2019-02-06
    Practice Area: Business Torts | Contracts
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68448

    Breach by premature termination claims not dismissed where there were genuine issues of material fact as to whether plaintiff had entered agreements that precluded it from entering its agreements with defendant and had fraudulently induced defendant to enter the agreements.

  • Delaware Law Weekly

    St. Jude to Face Products Claim Over Allegedly Faulty Medical Device

    February 04, 2019

    The ruling, from U.S. Magistrate Judge Christopher J. Burke, jettisoned claims by Kathleen M. Freed that St. Jude had failed to live up public guarantees regarding the safety of its spinal cord simulator.

  • BRP HOLD OX, LLC v. Chilian

    Publication Date: 2019-01-30
    Practice Area: Business Torts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: K. Tyler O'Connell, Morris James LLP, Wilmington, DE for plaintiffs.
    for defendant: David P. Primack and David W. Giattino, McElroy Deutsch Mulvaney & Carpenter, LLP, Wilmington, DE for defendant.

    Case Number: D68438

    Application for interlocutory appeal denied where court's application of absolute privilege was not in conflict with prior jurisprudence as alleged falsity of claim of breach of contract was not product of firsthand knowledge, and costs of interlocutory review would likely outweigh benefits.

  • Alarm.com, Inc. v. Securenet Tech. LLC

    Publication Date: 2019-01-23
    Practice Area: Expert Witnesses | Patent Litigation
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Mary B. Matterer and Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Ian R. Liston, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; James C. Yoon, Ryan R. Smith, Christopher D. Mays and Mary A. Procaccio-Flowers, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA for plaintiffs.
    for defendant: Jack B. Blumenfeld and Stephen J. Kraftschik, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Erik B. Milch and Frank Pietrantonio, Cooley LLP, Reston, VA; Rose Whelan and Naina Soni, Cooley LLP, Washington, DC for defendant.

    Case Number: D68433

    Portions of defendant's motion to exclude an expert's lost profit opinion went to the weight and not the admissibility of the evidence, but the court excluded other parts of the expert's testimony.

  • Takeda Pharm., U.S.A. v. West-Ward Pharm Corp.

    Publication Date: 2019-01-09
    Practice Area: Damages | Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Mary W. Bourke and Daniel M. Attaway, Womble Bond Dickinson (US) LLP, Wilmington, DE; Jeffrey I. Weinberger, Ted G. Dane, Heather E. Takahashi, Elizabeth L. Laughton, Hannah L. Dubina, Munger, Tolles & Olson LLP, Los Angeles, CA Celia R. Choy and Peter A. Detre, Munger, Tolles & Olson LLP, Washington, DC for plaintiff.
    for defendant: Dominick T. Gattuso, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Lauren C. Tortorella, Winston & Strawn LLP, Chicago, IL, Charles B. Klein and Ilan Wurman, Winston & Strawn LLP, Washington, DC; Elaine H. Blais, Robert D. Carroll, Lana S. Shiferman, Robyn R. Schwartz and Louis L. Lobel, Goodwin Procter LLP, Boston, MA for defendants.

    Case Number: D68421

    Defendants were entitled to damages for lost profits under a bond where the court improperly granted a preliminary re-straining order.

  • The American Lawyer

    The RFP Process Is Broken. Here's How It Might Get Fixed.

    January 07, 2019

    RFPs have swept the legal market, but they are causing pain for law departments and law firms alike. If they are here to stay, what needs to change?

  • Delaware Law Weekly

    In 2018, Progress, Setbacks Both on Display for Democrats in Del. General Assembly

    December 28, 2018

    The Delaware General Assembly in 2018 succeeded in passing a number of gun-safety bills and moved one step closer to passing the state's first Equal Rights Amendment. However, the year was marked by dramatic and stinging losses for other major progressive causes.

  • Gardoski v. Pats Aircraft, LLC

    Publication Date: 2018-12-19
    Practice Area: Labor Law
    Industry: Aerospace | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: William D. Fletcher, Jr. and Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
    for defendant: Margaret M. DiBianca, Smith Katzenstein Jenkins LLP, Wilmington, DE for defendant.

    Case Number: D68392

    FMLA retaliation claim was not dismissed where plaintiff employee pled a plausible claim of fraudulent inducement with respect to a general release plaintiff executed in favor of defendant employer and where it was unsettled whether FMLA claims could be subject to a general release.

  • Corporate Counsel

    Medical Technology Company Hires New Chief Legal and Business Development Officer

    December 10, 2018

    A medical technology company that makes products to perform brain surgery without incisions announced the hiring of Jack Campo as its chief legal and business development officer.