• Turulski v. Dep't of Veterans Affairs

    Publication Date: 2019-02-13
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David C. Weiss and Jennifer Lynne Hall, U.S. Attorney's Office, Wilmington, DE for defendants.
    for defendant: N/A

    Case Number: D68461

    The court dismissed plaintiff's complaint under the Federal Tort Claims Act because he failed to show that he exhausted his administrative remedies prior to filing in court.

  • Schwartz v. Berryhill

    Publication Date: 2019-01-23
    Practice Area: Administrative Law | Evidence
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gary C. Linarducci, New Castle, DE; Thomas D. Sutton, Leventhal, Sutton & Gornstein, Trevose, PA for plaintiff.
    for defendant: Nora Koch and Heather Benderson, Social Security Administration Office of General Counsel, Philadelphia, PA for defendant.

    Case Number: D68436

    An administrative law judge improperly substituted her opinion for that of plaintiff's treating specialist, and her opinion re-garding plaintiff's medical condition was not based on substantial evidence.

  • AgroFresh Inc. v. Mirtech, Inc.

    Publication Date: 2019-01-16
    Practice Area: Patent Litigation
    Industry: Agriculture | Chemicals and Materials | Consumer Products
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Chad S.C. Stover and Regina S.E. Murphy, Barnes & Thornburg LLP, Wilmington, DE; Robert D. Mac-Gill, Lynn C. Tyler, Deborah Pollack-Milgate, Joseph T. Wendt and Jessica M. Lindemann, Barnes & Thornburg LLP, Indianapolis, IN for plaintiff.
    for defendant: Frederick L. Cottrell, III, Jeffrey L. Moyer and Nicole K. Pedi of Richards, Layton & Finger, Wilmington, DE; Gerald F. Ivey, John M. Williamson, Anand K. Sharma, Rajeev Gupta, Aidan C. Skoyles, Karthik Kumar and Daniel F. Roland, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC for defendant.

    Case Number: D68424

    In this patent claim construction matter, the court provided clarification to give meaning to all the claim terms.

  • Luster v. Puracap Lab., LLC

    Publication Date: 2019-01-02
    Practice Area: Contractual Disputes
    Industry: Accounting | Consulting | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Brian C. Ralston and Jacob R. Kirkham of Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
    for defendant: David A. Dorey and Adam V. Orlacchio of Blank Rome LLP, Wilmington, DE for defendant.

    Case Number: D68410

    Plaintiff failed to state a claim for breach of the implied duty of good faith and fair dealing where the contract specifically addressed the matter at issue, and defendant did not act unreasonably in requiring plaintiff to give notice prior to entering defendant's facility.

  • Kroy IP Holdings, LLC v. Groupon Inc.

    Publication Date: 2019-01-02
    Practice Area: Patent Litigation
    Industry: E-Commerce | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David E. Moore, Bindu A. Palapura and Stephanie E. O'Byrne of Potter Anderson & Corroon LLP, Wilmington, DE; Jonathan K. Waldrop, Darcy L. Jones, Marcus A. Barber, John W. Downing, Heather S. Kim and Jack Shaw of Kasowitz Benson Torres LLP , Redwood Shores, CA; Hershy Stern and Rodney R. Miller of Kasowitz Benson Torres LLP, New York, NY for plaintiff.
    for defendant: Steven J. Balick and Andrew C. Mayo of Ashby & Geddes, Wilmington, DE; Thomas L. Duston and Tron Y. Fun of Marshall, Gerstein and Borun, LLP, Chicago, IL for defendants.

    Case Number: D68409

    Plaintiff's patent claims involved abstract ideas, but the court denied defendant's motion to dismiss because unresolved factual issues existed regarding the nature of the claims.

  • 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.

  • Yellow Pages Photos, Inc. v. Dex Media, Inc.

    Publication Date: 2018-12-19
    Practice Area: Bankruptcy | Copyrights
    Industry: Advertising | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68396

    The bankruptcy court properly dismissed counterclaims based on claim preclusion, judicial estoppel and col-lateral estoppel, and its fee award was objectively reasonable.

  • J&J Sports Prod., Inc. v. M&I Hospitality of Delaware Inc.

    Publication Date: 2018-12-05
    Practice Area: Entertainment and Sports Law | Telecommunications
    Industry: Entertainment and Leisure
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Charles J. Brown, III of Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
    for defendant: N/A

    Case Number: D68377

    Plaintiff was entitled to damages against a corporate entity for intercepting a cable transmission, but the court denied judgment against the individual defendants.

  • Olympus Corp. v. Maxell, Ltd.

    Publication Date: 2018-11-28
    Practice Area: Patent Litigation
    Industry: Consumer Products | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: John W. Shaw, Karen E. Keller, and Nathan R. Hoeschen, Shaw Keller LLP, Wilmington, DE; William J. McCabe, Matthew J. Moffa, and Thomas V. Matthew, Perkins Coie LLP, New York, NY; Kyle R. Canavera, Perkins Coie LLP, San Diego, CA for plaintiffs
    for defendant: Timothy Devlin and James Gorman, Devlin Law Firm LLC, Wilmington, DE; Jamie B. Beaber, Kfir B. Levy, James A. Fussell, III, Tiffany A. Miller, Baldine B. Paul, and Alison T. Gelsleichter, Mayer Brown LLP, Washington, DC; Robert G. Pluta, Mayer Brown LLP, Chicago, IL for defendant.

    Case Number: D68369

    Patent-in-suit was not directed to patent-ineligible subject matter where it addressed technological improvements to enable camera with recording/play-back capabilities that consumed less power, rather than being directed to the general abstract idea of battery or resource conservation.

  • Seiden v. Schwartz, Levitsky, and Feldman LLP

    Publication Date: 2018-11-21
    Practice Area: Corporate Entities | Private Equity and Venture Capital
    Industry: Accounting | Agriculture
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel K. Hogan of Hogan McDaniel, Wilmington, DE, attorney for plaintiff.
    for defendant: Patrick M. McGrory of Tighe & Cottrell, P.A., Wilmington, DE attorney for defendant.

    Case Number: D68364

    The court lacked personal jurisdiction over a foreign entity where the facts did not meet the requirements of the long-arm statute, and did not comport with due process.