• Coco v. Dear

    Publication Date: 2024-04-22
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1787

    Plaintiff raised genuine issues of material fact as to whether officers had probable cause to arrest where there was conflicting evidence regarding whether plaintiff had offensively struck one officer's police horse.

  • Brisco v. Delaware State Police

    Publication Date: 2024-04-22
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: William Brisco, Smyrna, DE, pro se plaintiff.
    for defendant: James H. McMacklin, III, Allyson G. Britton, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendant.

    Case Number: N23C-12-090 EMD

    News outlet's report that fairly summarized police arrest report was protected under the fair reporting privilege and not actionable in a defamation claim.

  • Chumash Capital Inv., LLC v. Grand Mesa Partners, LLC

    Publication Date: 2024-04-22
    Practice Area: Securities Litigation
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Kevin R. Shannon, Christopher N. Kelly, Justin T. Hymes, Esquire, Potter Anderson & Corroon LLP, Wilmington, DE; William C. O’Neil, Jeffrey J. Huelskamp, Gretchen Scavo, Winston & Strawn LLP, Chicago, IL; Marisa E. Witter, Winston & Strawn LLP, Houston, TX for plaintiff.
    for defendant: Rudolf Koch, Travis S. Hunter, Alexander M. Krischik, Elizabeth J. Freud, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; James G. Sawtelle, Sherman & Howard L.L.C., Denver, CO; R. Montgomery Donaldson, Montgomery, McCracken, Walker & Rhoads, LLP, Wilmington, DE; B. John Casey, Ryan H. Tamm, Stoel Rives LLP, Portland, OR for defendants.

    Case Number: N23C-07-209 SKR CCLD

    Court declined to dismiss fraud claims as untimely under contractual limitations period where the parties' contract expressly exempted fraud claims from the scope of the contractual indemnity provisions containing the survival clauses.

  • In re: OPP Liquidating Co., Inc.

    Publication Date: 2024-04-22
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-10729 (MFW)

    Bankruptcy court dismissed adversary proceeding alleging breaches of fiduciary duties as time barred where trustee failed to present evidence of defendants' affirmative acts of fraudulent concealment of material information from the board to support tolling the statute of limitations.

  • 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.

  • 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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  • 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.

  • Brown v. Google.com

    Publication Date: 2024-04-22
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Lottoria N. Brown, Wilmington, DE, pro se plaintiff.
    for defendant:

    Case Number: 22-1298 (MN)

    Court dismissed complaint upon sua sponte screening after finding that generic allegations failed to state a prima facie claim.

  • Nivagen Pharm., Inc. v. Hikma Pharm USA Inc.

    Publication Date: 2024-04-22
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: John A. Sensing, Andrew M. Moshos, Wilmington, DE for plaintiff.
    for defendant: Dominick T. Gattuso, Elizabeth A. DeFelice, Wilmington, DE for defendant.

    Case Number: N23C-09-062 VLM CCLD

    Tortious interference claim against parent corporation failed where plaintiff failed to allege facts supporting an inference that parent acted to maliciously harm plaintiff or was knowingly acting outside its subsidiary's economic interests.

  • Cedres v. Geoffrey Serv. Corp.

    Publication Date: 2024-04-15
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Nathan D. Barillo, Fox Rothschild LLP, Wilmington, DE for plaintiffs.
    for defendant: Edward J. Fornias, III, Law Office of EJ Fornias, P.A., Wilmington, DE for defendants.

    Case Number: 2020-0745-MTZ

    Court declined to enforce a settlement against defendants' affiliates who were non-parties to the underlying action, as Ct. Ch. R. 71 could not supply an independent basis to extend jurisdiction over non-parties in the absence of due process.

  • McNeal v. O'Malley

    Publication Date: 2024-04-15
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Marc H. Snyder, Rosen Moss Snyder & Bleefeld, LLP, Wilmington, DE for plaintiff.
    for defendant: David C. Weiss, United States Attorney, United States Attorney's Office for the District of Delaware, Wilmington, DE; Andrew C. Lynch, Special Assistant United States Attorney; Brian C. O'Donnell, Associate General Counsel; Brittany J. Gigliotti, Office of the General Counsel, Social Security Administration, Baltimore, MD for defendant.

    Case Number: 23-350-SRF

    The record contained substantial evidence to support an ALJ's determination of claimant's mental limitations, including examination findings within normal limits and claimant's admission that she could perform most tasks of personal care and daily living.