• In re: Walmart Inc. Sec. Litig.

    Publication Date: 2024-04-22
    Practice Area: Securities Litigation
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Sara Fuks, The Rosen Law Firm, P.A., New York, NY for plaintiffs.
    for defendant: Robert W. Whetzel, Raymond J. DiCamillo, John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Sean M. Berkowitz, Nicholas J. Siciliano, Latham & Watkins LLP, Chicago, IL for defendants.

    Case Number: 21-55-CFC

    Stockholders failed to adequately plead that securities filings were materially false or misleading where statements adequately conveyed that the company was subject to investigations and securities laws did not require corporations to guess as to the likely outcome of such investigations.

  • Deloitte Consulting LLP v. Sagitec Solutions LLC

    Publication Date: 2024-04-22
    Practice Area: Copyrights
    Industry: Consulting | Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-325-WCB

    Court denied renewed motion for stay pending resolution of interlocutory appeal in related criminal matter where no unexpected events had occurred in that matter and the scope of the limited stay would mean the defendants in the criminal matter would remain unavailable to testify due to their Fifth Amendment privilege.

  • Traub v. Stardust389, Inc.

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
    for defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.

    Case Number: 22-1582-SRF

    Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.

  • Gordian Med., Inc. v. Vaughn

    Publication Date: 2024-04-15
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Ryan J. Morley, John W. Hofstetter, Littler Mendelson, P.C., Cleveland, OH for plaintiffs.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; David E. Rothstein, Rothstein Law Firm, PA, Greenville, SC for defendant.

    Case Number: 22-319 (MN)

    Although court found most of former employee's restrictive covenants enforceable as reasonably tailored to protect employer's legitimate economic interests, it granted employee judgment where former employer failed to present evidence at trial proving that employee breached any enforceable covenant.

  • Preister v. Tesla BioHealing, Inc.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, Dover, DE for plaintiff.
    for defendant: David B. Anthony, Zachary J. Schnapp, Berger McDermott LLP, Wilmington, DE for defendant.

    Case Number: 23-00575-CFC

    Claims were time-barred under applicable one-year limitations period to the extent they sought to recover unpaid wages, although promissory estoppel claim seeking reimbursement of relocation costs was timely under the general three-year limitations period.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Davis v. Newrez

    Publication Date: 2024-03-26
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Hall
    Attorneys: For plaintiff: Walter R. Davis III and Diana M. Coke-Davis, Dover, DE, pro se plaintiffs.
    for defendant: Scott B. Czerwonka, Anna Lucia Fiscella, Wilks Law LLC, Wilmington, DE for defendant.

    Case Number: 21-1713 (JLH)

    Real Estate Settlement Procedures Act claims failed where borrowers' communications did not constitute "qualified written requests" as defined by the act and the servicer's responses did not injure the borrowers.

  • United States v. Walmart Inc.

    Publication Date: 2024-03-26
    Practice Area: Health Care Law
    Industry: Distribution and Wholesale | Federal Government | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Slights
    Attorneys: For plaintiff: Dylan J. Steinberg, United States Department of Justice, Wilmington, DE; Adam E. Lyons, Amanda N. Liskamm, Joshua Fowkes, Kathleen B. Gilchrist, Katherine M. Ho, United States Department of Justice, Washington, DC for plaintiff.
    for defendant: Kelly E. Farnan, Robert W. Whetzel, Richards, Layton & Finger, P.A., Wilmington, DE; Laura Jane Durfee, Jones Day, Columbus, OH; Yaakob M. Roth, Kristen A. Lejnieks, William G. Laxton, Jr., Jones Day, Washington, DC; Andrew J. Junker, Jason S. Varnado, Jones Day, Houston, TX; Karen P. Hewitt, Jones Day, San Diego, CA; David W. Ogden, Charles C. Speth, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC for defendants.

    Case Number: 20-1744-CFC

    Pharmacy operator did not commit unlawful violations of the Controlled Substances Act where reporting of suspicious drug orders was not yet required by the act and where the allegedly violated regulations promulgated under the CSA were inconsistent with the act's express prohibitions.

  • Averon US, Inc. v. AT&T Corp.

    Publication Date: 2024-03-26
    Practice Area: Intellectual Property
    Industry: Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Hughes
    Attorneys: For plaintiff: Tracy L. Pearson, Dunlap Bennett & Ludwig PLLC, Wilmington, DE; Joseph Diamante, Dunlap Bennett & Ludwig PLLC, New York, NY; Raymond Jones, Dunlap Bennett & Ludwig PLLC, Leesburg, VA; William Flachsbart, Mark Magas, Dunlap Bennett & Ludwig PLLC, Chicago, IL for plaintiff.
    for defendant: Frederick L. Cottrell, III, Jason James Rawnsley, Richards, Layton & Finger, PA, Wilmington, DE; David S. Almeling, O’Melveny & Myers LLP, San Francisco, CA; Timothy S. Durst, O’Melveny & Myers LLP, Dallas, TX for defendants.

    Case Number: 1:22-cv-01341-TMH

    Court declined to dismiss trade secret claims where the parties' contracts could be reasonably interpreted to impose a duty of confidentiality upon defendant to protect plaintiff's disclosed proprietary technology.

  • AstraZeneca Pharm. LP v. Becerra

    Publication Date: 2024-03-18
    Practice Area: Health Care Law
    Industry: Federal Government | Manufacturing | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English LLP, Wilmington, DE; Catherine E. Stetson, Susan M. Cook, Marian Golden, Hogan Lovells US LLP, Washington, DC for plaintiffs.
    for defendant: Jacob Laksin, United States Department of Justice, Wilmington, DE; Brian D. Netter, Brian M. Boynton, Michelle R. Bennett, Alexander V. Sverdlov, Stephen M. Pezzi, Christine L. Coogle, Cassandra M. Snyder, United States Department of Justice, Washington, DC for defendants.

    Case Number: 23-931-CFC

    Drug manufacturer lacked standing to challenge Drug Price Reduction Program and associated guidelines due to the lack of a concrete and imminent injury in fact from the program.

  • Rayfield-Bey v. Wells Fargo & Co.

    Publication Date: 2024-03-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Verlyn-Teresa: Rayfield-Bey, Wilmington, DE, pro se plaintiff.
    for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Katherine Randolph Fry, Offit Kurman, P.A., Wilmington, DE; Geoffrey Graham Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE for defendants.

    Case Number: 22-1073-CFC

    Real Estate Settlement Procedures Act claim failed where qualified written request did not seek servicing information but instead demanded the original, ink-signed note for the mortgage to prove the servicer's right to collect mortgage payments.