• River Valley Ingredients, LLC v. Am. Proteins, Inc.

    Publication Date: 2020-05-20
    Practice Area: Deals and Transactions
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Stephen B. Brauerman and Sarah T. Andrade, Bayard, P.A., Wilmington, DE; Edward S. Sledge IV, Whitt Steineker, Zachary A. Madonia, Hillary C. Campbell and K. Laney Gifford, Bradley Arant Boult Cummings LLP, Birmingham, AL for plaintiffs.
    for defendant: Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; J. Allen Maines, Caroline Johnson Tanner, A. André Hendrick, Matthew D. Friedlander, Patrick B. Reagin and Jacquelyn Thomas Watts, Holland & Knight LLP, Atlanta, GA for defendants.

    Case Number: D68987

    Defendants were bound by a forum selection clause in an asset purchase agreement, so the court granted plaintiffs' motion to remand the case to state court.

  • Pharmacy Corp. of Am./Askari Consol. Litig.

    Publication Date: 2020-05-06
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jeffrey S. Goddess, Cooch & Taylor, P.A., Wilmington, DE; Brian C. Dunning, Dunning Rievman & Davies LLP, New York, NY; James Sawyer, Dunning Rievman & Davies LLP, Jericho, NY for Kaveh Askari and Onco 360 parties. Brett D. Fallon, Morris James LLP, Wilmington, DE ; Christopher G. Kelly, Stosh Silivos, Holland & Knight LLP, New York, NY; Jeremy M. Sternberg, Holland & Knight LLP, Boston, MA for Pharmacy Corp. parties.
    for defendant:

    Case Number: D68972

    The court denied plaintiffs' motion for partial summary judgment, because they did not demonstrate that an increase in a working capital loan constituted a "major decision" under the terms of their agreements.

  • Purohit v. Legend Pictures, LLC

    Publication Date: 2020-04-08
    Practice Area: Intellectual Property
    Industry: Entertainment and Leisure | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Timothy Devlin and James Lennon, Devlin Law Firm LLC, Wilmington, DE for plaintiff.
    for defendant: Elizabeth Sloan, Ballard Spahr LLP, Wilmington, DE; David Grossman, Loeb & Loeb LLP, Los Angeles, CA for defendants.

    Case Number: D68937

    Plaintiff failed to state a claim for direct copyright infringement because no substantial similarity existed between plaintiff's work and that of defendant. Plaintiff's work was not entitled to moral rights protection, because it was not a work of visual art.

  • Quinn v. Continental Motors, Inc.

    Publication Date: 2020-04-08
    Practice Area: Wrongful Death
    Industry: Aerospace | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph J. Farnan, Jr., Joseph J. Farnan, III, Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; Cynthia M. Devers, The Wolk Law Firm, Philadelphia, PA for plaintiffs.
    for defendant: Paul M. Lukoff and Andrea Brooks, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE; Sherri R. Ginger, Mark B. Roberts and Timothy A. Heisterhagen, Armbrecht Jackson LLP, Mobile, AL for defendant.

    Case Number: D68938

    The statute of repose under the General Aviation Revitalization Act preluded plaintiffs' claim against the manufacturer of an aircraft part.

  • Baggage Airline Guest Servs., Inc. v. Roadie, Inc.

    Publication Date: 2020-03-25
    Practice Area: Patent Litigation
    Industry: Travel and Tourism
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Neal C. Belgam and Eve H. Ormerod, Smith, Katzenstein & Jenkins, LLP, Wilmington, DE; Stefan v. Stein and Cole Carson, GrayRobinson, P.A. Tampa, FL for plaintiff.
    for defendant: Pilar G. Kraman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Edward A. Pennington, John P. Moy, John P. Pennington, and Darlene K. Tzou, Smith, Gambrell & Russell LLP, Washington, DC for defendant.

    Case Number: D68918

    Motion for attorneys' fees pursuant to the "exceptional case" standard for patent infringement cases denied where plaintiff's patent, although directed to a non-inventive concept, was not indicative of an exceptionally meritless claim, and where plaintiff's litigation conduct was not conclusively indicative of vexatious litigation conduct.

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  • Evans v. Johnson & Johnson Co.

    Publication Date: 2020-02-26
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Augustus Hebrew Evans, Jr., James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
    for defendant: Todd C. Schlitz, Drinker Biddle & Reath, LLP, Wilmington, DE; Daniel J. Brown and Hayley J. Reese, McCarter & English, LLP Wilmington, DE for defendants.

    Case Number: D68888

    Plaintiff's product liability claim against brand name pharmaceutical manufacturer for alleged adverse side effects from the drug failed where plaintiff's claims were barred by the learned intermediary doctrine as plaintiff failed to allege how additional warnings from defendants would have changed plaintiff's physicians' decision to prescribe the medication.

  • Roe v. Wyndham Worldwide, Inc.

    Publication Date: 2020-02-26
    Practice Area: Business Torts
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE; D. Michelle Douglas, Kalbian Hagerty LLP, Washington, DC for plaintiff.
    for defendant: Kevin J. Connors and Marshall Dennehey, Warner Coleman & Goggin, Wilmington, DE for Wyndham defendants. Stephen B. Brauerman and Emily A. Letcher, Bayard, P.A., Wilmington, DE for defendant Özdilek.

    Case Number: D68890

    The court granted motions to dismiss two parties based on lack of personal jurisdiction. Although some factors supported dis-missal based on forum non conveniens, those factors did not outweigh the deference to plaintiff's choice of forum.

  • Gottipati v. Prasad

    Publication Date: 2020-02-26
    Practice Area: Contractual Disputes
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Phanendra B. Gottipati, Townsend, DE, pro se plaintiff.
    for defendant: Baddam Mounika, Bear, DE and Kotha Ramana, Chadds Ford, PA, pro se defendants.

    Case Number: D68889

    The complaint did not allege complete diversity among the parties and the requirement for the amount in controversy was not met, so the court dismissed this case without prejudice due to lack of subject matter jurisdiction.

  • Ophrys, LLC v. OneMain Fin., Inc.

    Publication Date: 2020-02-05
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Neal J. Levitsky, Seth A. Niederman and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE; Spencer Hall, Spencer Hall PLLC, Seattle, WA for plaintiff.
    for defendant: Stacey A. Scrivani and Joseph Wolfson, Stevens & Lee, P.C., Wilmington, DE and Philadelphia, PA for defendants.

    Case Number: D68868

    A party waived the right to seek relief for a contractual breach because it did not strictly comply with the notice requirements set forth in the parties' agreement.

  • Mayhan v. Sunoco, Inc.

    Publication Date: 2020-01-29
    Practice Area: Employment Litigation
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Deborah J. Mayhan, New Castle, DE, pro se plaintiff.
    for defendant: Barry M. Klayman, Abigail M. Green and Daniel V. Johns, Cozen & O’Connor for defendant.

    Case Number: D68859

    Plaintiff signed an arbitration agreement at the commencement of her employment and the parties' dispute fell within the scope of that agreement.