New Judges Take Oath, as District Court Starts Reassigning Cases
The new judges step in as the court deals with an uptick in filings following the U.S. Supreme Court's TC Heartland decision.
August 10, 2018 at 02:38 PM
3 minute read
The original version of this story was published on Delaware Law Weekly
U.S. District Court Judges Colm F. Connolly and Maryellen Noreika both took the oath of office in private ceremonies this week, bringing Delaware's four-member district court back to full strength for the first time in 18 months.
Chief Judge Leonard P. Stark welcomed the new judges in an announcement Friday that outlined the court's plans to roll back some emergency measures put in place to deal with a surge in filings that had been weighing on the shorthanded court.
Stark said that Connolly, a Republican, and Noreika, a Democrat, would begin taking new cases Aug. 15.
“From that point forward, all four of the court's active district judges will receive an approximately equal share of new cases, consistent with the case assignment practices that were in place when the court was last at full strength, on Feb. 3, 2017,” Stark said in the statement.
Stark said the court will be “phasing out” the regular assignment of cases to a roster of visiting judges that had been assisting with the significant uptick in patent filings in the wake of the U.S. Supreme Court's landmark TC Heartland v. Kraft Foods Group Brands decision last May. Cases currently assigned to the visiting judges will either remain on their dockets or be reassigned to the Delaware judges, principally to Connolly and Noreika, Stark said.
Noreika and Connolly will also be taking on the majority of cases from the court's vacant judgeship docket, which had been overseen by the court's three magistrate judges after Judge Sue L. Robinson's retirement from active service in July 2017.
Meanwhile, Judge Gregory M. Sleet, who has taken senior status, plans to officially step away on Sept. 28. Most of Sleet's cases will be assigned to Connolly and Noreika around the time of Sleet's retirement in late September, Stark said.
The case reassignments were expected to take “many weeks” to complete, according to the announcement.
The two vacancies set off a month's long nomination process last year to fill out the court, which plays an outsize role in intellectual property, business law and bankruptcy. U.S. Sens. Tom Carper and Chris Coons, both Democrats, led the charge from Washington, D.C., impaneling a committee and interviewing both Republicans and Democrats for the posts.
In November, President Donald Trump announced Connolly, a former U.S. attorney and Morgan, Lewis & Bockius partner, and Noreika, a seasoned patent litigator with Morris, Nichols, Arsht & Tunnell, as his nominees to join the court.
The Senate Judiciary Committee cleared Connolly and Noreika in March, but the nominations languished before the Senate, as the administration prioritized the confirmation of appellate judges over nominees for district court, sources said. The full Senate confirmed Connolly and Noreika by voice vote Aug. 1, in a move that was met with surprise and relief by Delaware's legal community.
Stark's chambers said Connolly received his commission on Aug. 3 and was sworn in on Wednesday. Noreika, whose commission was signed Thursday, took the oath of office Friday, a spokeswoman said.
Public investiture ceremonies for the new judges will be held in the “coming months,” Stark said, though he did not provide further details on Friday.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLatham, Finnegan Win $115M Muscular Dystrophy Drug Patent Verdict for Counterclaimant
2 minute readDelaware Supreme Court Adopts Broad Interpretation of Case Law on Anticompetition Provisions
3 minute read3rd Circuit Nominee Mangi Sees 'No Pathway to Confirmation,' Derides 'Organized Smear Campaign'
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250