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Federal Judge Enjoins Sussex County's Prayer Invocation
free article
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A federal judge has issued a preliminary injunction prohibiting the Sussex County Legislative Council's practice of beginning its meetings with a recitation of "Our Father." The judge ruled that the invocation is likely a violation of the Establishment Clause of the First Amendment to the U.S. Constitution because it is an explicit endorsement of Christianity.
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Amended Complaint Filed After Judge Dismisses Bradley Negligence Claims 
By Jeff Mordock
Delaware Law Weekly
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The Delaware Superior Court has dismissed most of the negligence claims filed against a state hospital, the Medical Society of Delaware and several individual doctors for allegedly failing to report suspicious behavior by convicted child molester and former pediatrician Earl Bradley, but the court allowed certain claims against the medical society and two doctors to proceed.
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| This Week's Digests |
THIRD CIRCUIT
BANKRUPTCY
In re Federal-Mogul Global Inc.
Chapter 11 • Bankruptcy Code • Preemption • Asbestos Liability • Section 524(g) Trust • Insurance • Anti-Assignment Provision
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Counsel: Danielle M. Spinelli And Craig Goldblatt - Wilmer Cutler Pickering Hale & Dorr - attorneys for appellants Hartford Accident and Indemnity Company, First State Insurance Company and New England Insurance Company. David C. Christian II - Seyfarth Shaw - attorney for appellants Columbia Casualty Company, Continental Casualty Company and The Continental Insurance Company. John D. Demmy - Stevens & Lee - attorney for appellants Fireman's Fund Insurance Company and National Surety Company. Eileen T. McCabe - Mendes & Mount; Michael A. Shiner - Tucker Arensberg; Russell W. Roten and Richard W. Riley - Duane Morris - attorneys for appellants Certain Underwriters at Lloyd's London and Certain London Market Companies. William A. Evanoff and Jeffrey C. Steen - Sidley Austin; Laura D. Jones And James E. O'Neill, III, - Pachulski Stang Ziehl & Jones - attorneys for appellees Federal-Mogul Global, Inc. Kathleen C. Davis - Campbell & Levine; Peter Van N. Lockwood - Caplin & Drysdale - attorneys for appellee Official Committee of Asbestos Claimants. Edwin J. Harron and Sharon M. Zieg - Young Conaway Stargatt & Taylor - attorneys for appellee Eric D. Green, Legal Representative for Future Asbestos Claimants of Federal-Mogul Global Inc.
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U.S. DISTRICT COURT OF DELAWARE
INTELLECTUAL PROPERTY
Medicis Pharmaceutical Corp. v. Actavis Mid Atlantic LLC
Patent • Infringement Action • Pharmaceutical Products • Doctrine of Equivalents • Overbroad Discovery
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Plaintiffs' discovery requests were overbroad where they were not focused on the allegedly infringing product or similar products, but sought a company-wide survey into products that were unrelated to the field of use of the subject product. Discovery requests modified.
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U.S. DISTRICT COURT OF DELAWARE
INTELLECTUAL PROPERTY
CyberFone Systems, LLC v. Echostar Technologies LLC
Patent • Infringement Action • Pleadings • Multiple Defendants • Misjoinder
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Even if defendants were correct that plaintiff's original patent infringement complaints violated Fed.R.Civ.P. 20 because they did not allege joint infringement or any relationships or common activities among the individual defendants, severance was the correct remedy for this alleged misjoinder. Motion to dismiss denied.
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DELAWARE SUPREME COURT
TAXATION
One-Pie Investments, LLC v. Jackson
Real Estate Tax • Sheriff's Sale • Redemption of Property • Section 4-148
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Defendant property owner successfully redeemed her property after a monition action even though she redeemed by making payment to the sheriff, per the sheriff's instructions, rather than to the purchaser as provided in §4-148 of the City of Wilmington Code. Affirmed.
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DELAWARE COURT OF CHANCERY
BUSINESS LAW
In re Answers Corp. Shareholder Litigation
Shareholder Suit • Merger Agreement • Duty of Loyalty • Interested Board Members • Flawed Sales Process
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Counsel: Jessica Zeldin - Rosenthal, Monhait & Goddess, P.A.; Arthur N. Abbey, Stephen T. Rodd and Stephanie Amin-Giwner - Abbey Spanier Rodd & Abrams, LLP - attorneys for plaintiffs. Kevin R. Shannon, Berton W. Ashman, Jr., and Andrew E. Cunningham - Potter Anderson & Corroon LLP; Jonathan M. Wagner, Adina C. Levine and Susan Jacquemot - Kramer Levin Naftalis & Frankel LLP - attorneys for defendants Answers Corporation, Robert S. Rosenschein, Mark A. Tebbe, Yehuda Sternlicht, Mark B. Segall, Lawrence S. Kramer, W. Allen Beasley and R. Thomas Dyal. William M. Lafferty and D. McKinley Measley - Morris, Nichols, Arsht & Tunnell LLP; David J. Berger, Steven Guggenheim, Diane M. Walters and Luke A. Liss - Wilson Sonsini Goodrich & Rosati, Professional Corporation - attorneys for defendants AFCV Holdings, LLC, A-Team Acquisition Sub, Inc. and Summit Partners L.P.
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DELAWARE COURT OF CHANCERY
CIVIL PRACTICE
Wagamon v. Dolan
Summary Judgment • Burden of Proof • Evidence • Issue of Fact • Deferred Motion
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While plaintiff could point to no evidence to support the allegations of the complaint, defendant filed no affidavit of his own to demonstrate the lack of an issue of fact and, thus, summary judgment was not appropriate. Consideration of defendant's motion for summary judgment deferred.
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DELAWARE SUPERIOR COURT
TORTS
Parker v. Wireman
Immunity • Motor Vehicle Accident • Sovereign Immunity • Waiver • State Tort Claims Act
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All defendants were entitled to summary judgment on the basis of immunity since the state had not waived sovereign immunity in this case and the state employees were immune under the State Tort Claims Act. Defendants' motion for summary judgment granted.
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DELAWARE SUPERIOR COURT
TORTS
Slicer v. Hill
Premises Liability • Shopping Mall • Lack of Sidewalk • Dangerous Condition • Lease
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Counsel: Gary S. Nitsche - Weik, Nitsche & Dougherty - attorney for plaintiffs. Matthew O. Donelson - Elzufon, Austin, Reardon, Tarlov & Mondell, P.A. - attorney for defendant Oekos Kirkwood, LLC. Brian M. Gottesman - Berger Harris - attorney for defendants DLR Properties and Able Associates. David G. Culley - Tybout, Redfern & Pell - attorney for defendant Kohl's Department Stores Inc. Stephen J. Milewski - White & Williams LLP - attorney for defendant Westfield Insurance Co. Nicholas E. Skiles - Swartz Campbell LLC - attorney for defendant Michele R. Hill.
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