• AgroFresh Inc. v. Essentiv LLC

    Publication Date: 2019-06-19
    Practice Area: Patent Litigation
    Industry: Agriculture
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68598

    Stay of patent infringement case granted where Patent Trial and Appeals Board ruled that claims of a patent-in-suit were unpatentable and parties anticipated appeal of that decision, since resolution of that matter could result in simplification of the issues on trial.

  • Rivera v. Roma

    Publication Date: 2019-06-05
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE for plaintiffs
    for defendant: Daniel M. Young, Ward Greenberg Heller & Reidy LLP, Wilmington, DE for defendant

    Case Number: D68587

    Genuine issues of material fact precluded summary judgment in this motor vehicle accident matter. Questions regarding com-parative negligence, assumption of risk and the reasonableness of the parties' conduct were all matters for the jury.

  • M.M. v. Red Clay Consol. Sch. Dist.

    Publication Date: 2019-05-29
    Practice Area: Contractual Disputes | Education Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Samuel L. Guy, Wilmington, DE for plaintiffs
    for defendant: Michael P. Stafford and Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.

    Case Number: D68575

    School district did not breach settlement agreement with family of special needs student served by IEP by refusing to act as liaison when family wished to place student in private school when neither agreement nor statutory law required the district to serve as a liaison for a parental-placed private school student.

  • Forestieri v. Wendover, Inc.

    Publication Date: 2019-05-15
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE; Neelima Vanguri and Sidney L. Gold, Sidney L. Gold & Asso-ciates, P.C., Philadelphia, PA for plaintiff.
    for defendant: Kevin A. Guerke, Baird Mandalas Brockstedt, LLC, Wilmington, DE for defendant.

    Case Number: D68561

    Employee failed to allege sufficient facts that she was discriminated against due to her age or disability, but the complaint adequately stated a claim for retaliation.

  • Harris v. Lord & Taylor LLC

    Publication Date: 2019-05-08
    Practice Area: Class Actions | Cybersecurity
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ralph N. Sianni, Andersen Sleater Sianni, LLC, Wilmington, DE; Janine Pollack, The Sultzer Law Group P.C., New York, NY; Daniel Tepper, Wolf Haldenstein Adler Freeman & Herz LLP, New York, NY; Ben Barnow and Erich P. Schork, Barnow and Assoc., P.C., Chicago, IL; Howard L. Longman and Melissa R. Emert, Stull, Stull & Brody, New York, NY; Charles E. Schaffer, Levin Sedran & Berman LLP, Philadelphia, PA; Jeffrey S. Goldenberg, Goldenberg Schneider, LPA, Cincinnati, OH; Gary Ma-son, Whitfield Bryson & Mason LLP, Washington, DC; Laurence D. King and David A. Straite, Kaplan Fox & Kilsheimer, LLP, New York, NY; John A. Yanchunis and Ryan McGee, Morgan & Morgan, Tampa, FL; Jean Sutton Martin, The Law Office of Jeane Sutton Martin PLLC, Wilmington, NC; Lynda J. Grant, The Grant Law Firm PLLC, New York, NY for plaintiff and pro-posed class.
    for defendant: Jody C. Barillare, Gregory T. Parks, Ezra D. Church and Kristin M. Hadgis, Morgan, Lewis & Bockius, LLP, Wilmington, DE and Philadelphia, PA for defendant.

    Case Number: D68553

    Both public and private interests favored the transfer of this class action proceeding to a federal district court in another state, where a similar action was already pending.

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  • State of Delaware Dep't of Natural Resources & Envtl. Control v. Mountaire Farms of Delaware, Inc.

    Publication Date: 2019-04-17
    Practice Area: Environmental Law
    Industry: Agriculture
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Devera B. Scott and William J. Kassab, Dep't of Justice, Dover, DE for plaintiff.
    for defendant: F. Michael Parkowski, Michael W. Arrington and Michael W. Teichman, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendant. Chase T. Brockstedt and Stephen A. Spence, Baird Mandalas Brockstedt, LLC, Lewes, DE; Philip C. Federico and Brent Ceryes, Schochor, Federico and Station, P.A., Baltimore, MD for intervenors.

    Case Number: D68532

    The court granted a motion to intervene in this matter involving violations of environmental laws, because the moving parties were entitled to intervene as a matter of right.

  • Duncan v. Vantage Corp.

    Publication Date: 2019-04-17
    Practice Area: Securities Litigation
    Industry: Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Catherine A. Gaul and Aaron P. Sayers, Ashby & Geddes, Wilmington, DE; Raymond L. Moss and Michael P. Gilmore, Moss & Gilmore LLP for plaintiff.
    for defendant: Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; J. Allen Maines, Gregory J. Digel and Caroline Johnson Tanner, Holland & Knight LLP, Atlanta, GA for defendants Askew and Finegold.

    Case Number: D68530

    The court proceeded to consider a motion to dismiss as to individual defendants, even though the corporate defendants filed for bankruptcy.

  • Cignex Datamatics, Inc. v. Lam Research Corp.

    Publication Date: 2019-03-20
    Practice Area: Contracts
    Industry: Consulting | Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE, for plaintiff.
    for defendant: Theodore A. Kittila and James G, McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE, for defendant.

    Case Number: D68494

    Defendant's motion for summary judgment on plaintiff's breach of contract claim denied where the contract terms were ambiguous as to the trigger for payment and where the parties appeared to have differing expectations.

  • Canfield v. FCA US LLC

    Publication Date: 2019-03-20
    Practice Area: Products Liability
    Industry: Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Jeffrey S. Goddess and P. Bradford deLeeuw, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Nicholas A. Migliaccio and Jason S. Rathod, Migliaccio & Rathod LLP, Washington, DC for plaintiff.
    for defendant: Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Kathy A. Wisniewski and Stephen A. D'Aunoy, Thompson Coburn LLP, St. Louis, MO for defendants.

    Case Number: D68496

    Implied warranty claims not dismissed where defendant allegedly engaged in active concealment of defect, which tolled the limitations periods, and where air-outs on the tires on plaintiffs' vehicles established their potentially non-merchantable condition and put defendant on notice when plaintiffs brought their vehicles in for service.

  • LKQ Corp. v. United States Dep't of Homeland Sec.

    Publication Date: 2019-03-06
    Practice Area: Administrative Law | Trademarks
    Industry: Automotive | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Barry F. Irwin, Reid P. Huefner and Chris Eggert, Irwin LP, Chicago, IL for plaintiff.
    for defendant: David C. Weiss, United States Attorney, Jennifer Hall, Assistant United States Attorney, Wilmington, DE; Mark Lacedonia, Tate Keenan, Office of Chief Counsel, U.S. Customs and Border Protection, De-partment of Homeland Security, Washington, DC for defendants.

    Case Number: D68451

    The court lacked subjected matter jurisdiction as to forfeiture claims because the agency had discretion in handling such claims, and plaintiff had an alternative remedy.