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  • Jones v. Navient

    Publication Date: 2023-10-09
    Practice Area: Whistleblower Laws
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Lugg
    Attorneys: For plaintiff: Keith R. Jones, plaintiff pro se.
    for defendant: John M. Nolan III, Morgan D. Hollander, Jackson Lewis, P.C., Philadelphia, PA; Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE for defendant.
    Case Number: N21C-10-020 SPL

    Finding that plaintiff's minimal participation in pursuing the case "evidenced a pattern of dilatoriness" culminating in his failure to produce evidence in support of his claim, the court granted defendant's motion to dismiss for failure to prosecute despite noting that the court had a "strong policy in favor of deciding cases on the merits."

  • Overstock.com, Inc. v. State of Delaware ex rel. French

    Publication Date: 2020-07-08
    Practice Area: Whistleblower Laws
    Industry: E-Commerce | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Michael P. Kelly, Matthew J. Rifino, Hayley J. Reese and Matthew Wright, McCarter & English, LLP, Wilmington, DE and Washington, DC for Overstock.com, Inc.
    for defendant: Thomas E. Brown, Edward K. Black and Stephen G. McDonald, Deputy Attorney Generals, Wilmington, DE for the state. Laina M. Herbert and Vivek Upadhya, Grant & Eisenhofer, Wilmington, DE for plaintiff French.
    Case Number: D69045

    The failure to file a statement regarding expired gift cards with the state escheat office did not amount to a false statement under the Delaware False Claims and Reporting Act. Reversed.