• 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.

  • Fasano v. Delaware

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE; David M. Koller, Koller Law, LLC, Philadelphia, PA for plaintiff.
    for defendant: Sawyer M. Traver, Devera B. Scott, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE for defendant.

    Case Number: 22-1329-SRF

    Court dismissed state employee's disability discrimination claim for failure to serve process on the agency and officials he worked for, where service upon the attorney general or state solicitor was in addition to rather than in lieu of service on the named defendants.

  • Abdullah v. O'Malley

    Publication Date: 2024-04-15
    Practice Area: Administrative Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Ahmad J. Abdullah, Wilmington, DE, pro se plaintiff
    for defendant: Shawn Carver, Erica Adams, Social Security Administration, Baltimore, MD. for defendant.

    Case Number: 21-506-GBW

    Administrative law judge erred in concluding that Social Security disability applicant possessed residual functional capacity where the determination was based on a mischaracterization of the record evidence, which indicated applicant had a much more limited capacity than that found by the ALJ.

  • Preister v. Tesla BioHealing, Inc.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, Dover, DE for plaintiff.
    for defendant: David B. Anthony, Zachary J. Schnapp, Berger McDermott LLP, Wilmington, DE for defendant.

    Case Number: 23-00575-CFC

    Claims were time-barred under applicable one-year limitations period to the extent they sought to recover unpaid wages, although promissory estoppel claim seeking reimbursement of relocation costs was timely under the general three-year limitations period.

  • Murphy v. State

    Publication Date: 2024-04-01
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging | Legal Services | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-415-CFC

    Plaintiffs' disability discrimination claims failed due to the lack of allegations establishing a causal connection between one plaintiff's' disability and the family's eviction facilitated by state officials.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Hagans v. The Bd. of Educ. of Red Clay Consol. Sch. Dist.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Raeann Warner, Collins Price & Warner, Wilmington, DE for plaintiff.
    for defendant: Michael P. Stafford, Elise K. Wolpert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.

    Case Number: 22-1452-RGA

    Evidentiary record could support an inference that race played a role in defendant employer's failure to promote plaintiff sufficient to submit plaintiff's racial discrimination claim to the jury, as the promoted individual lacked the minimum qualifications and the reasons for not promoting plaintiff were plausibly inconsistent with his performance evaluations.

  • Davis v. Newrez

    Publication Date: 2024-03-26
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Hall
    Attorneys: For plaintiff: Walter R. Davis III and Diana M. Coke-Davis, Dover, DE, pro se plaintiffs.
    for defendant: Scott B. Czerwonka, Anna Lucia Fiscella, Wilks Law LLC, Wilmington, DE for defendant.

    Case Number: 21-1713 (JLH)

    Real Estate Settlement Procedures Act claims failed where borrowers' communications did not constitute "qualified written requests" as defined by the act and the servicer's responses did not injure the borrowers.

  • United States v. Walmart Inc.

    Publication Date: 2024-03-26
    Practice Area: Health Care Law
    Industry: Distribution and Wholesale | Federal Government | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Slights
    Attorneys: For plaintiff: Dylan J. Steinberg, United States Department of Justice, Wilmington, DE; Adam E. Lyons, Amanda N. Liskamm, Joshua Fowkes, Kathleen B. Gilchrist, Katherine M. Ho, United States Department of Justice, Washington, DC for plaintiff.
    for defendant: Kelly E. Farnan, Robert W. Whetzel, Richards, Layton & Finger, P.A., Wilmington, DE; Laura Jane Durfee, Jones Day, Columbus, OH; Yaakob M. Roth, Kristen A. Lejnieks, William G. Laxton, Jr., Jones Day, Washington, DC; Andrew J. Junker, Jason S. Varnado, Jones Day, Houston, TX; Karen P. Hewitt, Jones Day, San Diego, CA; David W. Ogden, Charles C. Speth, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC for defendants.

    Case Number: 20-1744-CFC

    Pharmacy operator did not commit unlawful violations of the Controlled Substances Act where reporting of suspicious drug orders was not yet required by the act and where the allegedly violated regulations promulgated under the CSA were inconsistent with the act's express prohibitions.

  • Averon US, Inc. v. AT&T Corp.

    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.

  • Happle v. Sweeney

    Publication Date: 2024-03-26
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Thomas-Martin Happle, Millsboro, DE, pro se plaintiff.
    for defendant: Emily A. Letcher, Patricia L. Enerio, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for defendants.

    Case Number: 22-1612-RGA

    Court dismissed civil rights complaint arising from a New Jersey traffic stop involving a New Jersey resident, finding that it lacked personal jurisdiction.