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Publication Date: 2024-03-26
Practice Area: Labor Law
Industry: Retail
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Emily Laursen Raisis, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
for defendant: Maria Paris Newill, Heckler & Frabizzio, Wilmington, DE for appellee.
Case Number: N23A-03-006 MMJ
Industrial Accident Board did not err in denying claimant's motion to strike portions of employer's expert's testimony based on newly obtained medical records where claimant knew about her prior medical records and thus employer was not at fault for the fact that claimant's expert did not possess those records to offer testimony.
Publication Date: 2024-03-26
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Placide Umuhoza, Smyrna, DE, pro se plaintiff.
for defendant: Jennifer C. Bebko Jauffert, Puja Upadhyay, Richards, Layton & Finger, P.A. for defendants.
Case Number: 23-552 (MN)
Court dismissed employment discrimination action for lack of sufficient allegations supporting an inference of national origin discrimination.
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.
Publication Date: 2024-03-26
Practice Area: Creditors' and Debtors' Rights
Industry: Biotechnology
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Adam Hiller, Hiller Law, LLC, Wilmington, DE
for defendant: Patrick Costello, Vectis Law, Redwood City, CA for assignee.
Case Number: 2023-1294-PAF
Court denied assignee's motion to appoint appraisers and fix a bond where assignee failed to file a timely inventory and obtained appraisers without court approval.
Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Food and Beverage | Hospitality and Lodging | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1297
Seller did not breach implied covenant of good faith in negotiations simply by increasing its asking price, as non-binding letter of intent allowed parties to terminate negotiations except to breach exclusivity provision.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2024-03-18
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: David E. Moore, Bindu A. Palapura, Andrew L. Brown, Potter Anderson & Corroon LLP, Wilmington, DE; Jason R. Bartlett, Jason A. Crotty, Marc J. Pernick, Mauriel Kapouytian Woods LLP, San Francisco, CA; Steven Callahan, Christopher T. Bovenkamp, Charhon Callahan Robson & Garza, PLLC, Dallas, TX for plaintiff.
for defendant: Adam W. Poff, Robert M. Vrana, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; James R. Batchelder, James L. Davis, Jr., Daniel W. Richards, Ropes & Gray LLP, East Palo Alto, CA; Colin P. Dunn, Ropes & Gray LLP, New York, NY for defendant.
Case Number: 22-677-RGA
Court dismissed inequitable conduct/unclean hands defenses where there were no allegations as to how alleged fraudulent misrepresentations affected the validity of the patent-in-suit and the allegations of fraud failed to meet the particularity requirement.
Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE for plaintiff.
for defendant: Michael J. Maiomone, Gabriella Mouriz, Barnes & Thornburg LLP, Wilmington, DE for defendants.
Case Number: 2022-0728-SG
Chancery court lacked jurisdiction over complaint seeking specific performance where the relief sought by plaintiff was legal in nature and the parties' contract could not confer jurisdiction.
Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Chemicals and Materials | Energy | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Paul D. Brown, Joseph B. Cicero, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Janet A. Hendrick, Michele C. Spillman, Angela M. Buchanan, Phillips Murrah P.C., Dallas, TX for plaintiffs.
for defendant: P. Clarkson Collins, Jr., K. Tyler O’Connell, Kirsten Zeberkiewicz, Morris James, Wilmington, DE; Sean D. Walsh, Scott R. Schillings, Matthew K. Holcomb, Hinkle Law Firm, Wichita, KS for defendants.
Case Number: 2021-0659-SG
Contractual limitations period rendered breach of asset purchase agreement facially untimely, and there were no allegations of misconduct by defendants that would warrant tolling the limitation period.
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.
Publication Date: 2024-03-18
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Bayard Marin, Daulton Gregory, Marin & Gregory, LLC, Wilmington, DE for plaintiff.
for defendant: Karine Sarkisian, Kennedys CMK LLP, Wilmington, DE for defendants.
Case Number: 23-752-SRF
Court remanded case due to untimely notice of removal as equitable claim within Delaware chancery court's jurisdiction could be heard by federal court sitting in diversity and the applicable insurance policy limit at issue met the amount-in-controversy threshold.
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