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Consumer Fin. Prot. Bureau v. The Nat'l Collegiate Master Student Loan Trust
Publication Date: 2021-04-21
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys:
For plaintiff: Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Consumer Financial Protection Bureau, Washington, DC for plaintiff.
For defendant: Kurt M. Heyman, Melissa N. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Erik W. Haas, Peter W. Tomlinson, Joshua Kipnees, George A. LoBiondo, Jared Buszin, Devon Hercher, Peter Shakro, Patterson Belknap Webb & Tyler LLP, New York, NY; Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE; Nicholas H. Pennington, Stevens & Lee, P.C., King of Prussia, PA; Stephen B. Brauerman, Jason C. Jowers, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for intervenors.
Case number: D69366

Where CFPB director lacked constitutional authority to initiate an enforcement action, failure of the agency to take diligent action to preserve its enforcement rights meant that ratification by validly appointed director outside the statute of limitation was untimely.

April 14, 2021 | New Jersey Law Journal

'Cancel Culture' Seeks Its Day in Court: New Litigation Trend Surges in Polarized Nation

"It's going to make its way into courts in one form or another, in defamation suits and in employment cases, and I think it's going to be much more of an issue," trial consultant Richard Gabriel said.
6 minute read
April 14, 2021 | The Legal Intelligencer

'Legal Nonsense'? Suits Citing So-Called Cancel Culture Surge in Polarized Nation

"It's going to make its way into courts in one form or another, in defamation suits and in employment cases, and I think it's going to be much more of an issue," trial consultant Richard Gabriel said.
6 minute read
March 31, 2021 | New Jersey Law Journal

After Hours: Faegre Drinker; Stark & Stark

Faegre Drinker Partner Speaks at Litigation Conference On March 25, Faegre Drinker Biddle & Reath's products liability and mass-torts practice…
3 minute read
March 11, 2021 | Delaware Law Weekly

Delaware Patent Filings Dipped in 2020 Thanks to Fewer New Drug Filings

COVID-related restrictions, a drop in Abbreviated New Drug Application filings and plaintiffs' strategizing on where and how frequently to file all played a role in Delaware seeing 26% fewer patent filings in 2020 and losing its place as the top venue for patent litigation to the Western District of Texas.
5 minute read
March 11, 2021 | Delaware Business Court Insider

Fewer New Drug Filings Helped Drive 2020 Dip in Delaware Patent Filings, Report Finds

COVID-related restrictions, a drop in Abbreviated New Drug Application filings and plaintiffs' strategizing on where and how frequently to file all played a role in Delaware seeing 26% fewer patent filings in 2020 and losing its place as the top venue for patent litigation to the Western District of Texas.
5 minute read
March 02, 2021 | New Jersey Law Journal

Publication of Police Discipline Weighed in Marathon Argument Before Supreme Court

At the heart of the consolidated appeals are Attorney General's Law Enforcement Directive Nos. 2020-5 and 2020-6.
9 minute read
February 15, 2021 | Delaware Law Weekly

Bankruptcy and Restructuring Associate Joins Bayard

Bayard added Steven D. Adler as an associate to its corporate bankruptcy and restructuring group, according to an announcement from the firm.
1 minute read
February 08, 2021 | Delaware Law Weekly

Bayard Director Elected to Vice Chair of Philadelphia Bar Association Business Law Section

Bayard announced that Evan T. Miller, a director in the firm's corporate bankruptcy group, was elected as the Philadelphia Bar Association business law section vice chair.
1 minute read
AluminumSource, LLC v. LLFlex, LLC
Publication Date: 2021-02-03
Practice Area: Corporate Entities
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys:
For plaintiff: Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE; Elliot Richardson, Michele D. Dougherty, Ryan D. Gibson, Korey Richardson LLC, Chicago, IL for plaintiff.
For defendant: Benjamin A. Smyth, McCarter & English, LLP, Wilmington, DE; Andrew Gold, Erica Gomer, Akerman LLP, Fort Lauderdale, FL for defendant.
Case number: D69279

Fraudulent inducement claim failed where plaintiff had merely asserted dispute over calculation of the price adjustment to the contract purchase price, which was more appropriately characterized as a breach of contract claim rather than a fraud claim.

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