• Bailey v. Tektronix, Inc.

    Publication Date: 2022-09-27
    Practice Area: Mergers and Acquisitions
    Industry: Electronics | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Robert Karl Beste, III, Jason Z. Miller, Smith, Katzenstein, & Jenkins LLP, Wilmington, DE for plaintiff.
    for defendant: Anthony David Raucci, Donna Lynn Culver, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendant.

    Case Number: 21-1268-GBW

    Breach of retention holdback agreement not dismissed where parties' agreement could be reasonably interpreted to define revenue as including sales of any software or hardware products incorporating the acquired company's intellectual property.

  • Verint Americas Inc. v. Fornell

    Publication Date: 2022-09-20
    Practice Area: Contracts
    Industry: Consulting
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian P. Egan, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE for plaintiff.
    for defendant: Margaret M. DiBianca, Jay M. Berger, K.J. Edward Fornell, William D. Cramer, Clark Hill PLC, Wilmington, DE; Sally J. Daugherty, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendants.

    Case Number: 1:21-cv-00674-SB-SRF

    Court requested that the magistrate judge reconsider a motion to dismiss, transfer, and stay a case where the magistrate judge had ruled that the first-filed rule applied.

  • Vermeer v. Univ. of Delaware

    Publication Date: 2022-09-20
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew F. Boyer, Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE; R. Scott Oswald, Adam Augustine Carter, The Employment Law Group, P.C., Washington, DC for plaintiff.
    for defendant: James D. Taylor, Jr., Jessica M. Jones, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.

    Case Number: 21-1500-RGA

    Plaintiff plausibly alleged sex discrimination from denial of tenure where she alleged that university granted tenure to two male applicants while imposing higher qualification standards upon plaintiff than were articulated in the faculty handbook.

  • In Re Ex Parte Application of Sevier

    Publication Date: 2022-09-20
    Practice Area: Family Law
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-mc-80-RGA-SRF

    Court compelled compliance with subpoena served upon Delaware corporation where company's objections were untimely filed and some of the records sought were relevant to applicant's marital property distribution proceedings in a foreign court as applicant's ex-husband was the main shareholder of the corporation.

  • United States v. Sponaugle

    Publication Date: 2022-09-20
    Practice Area: Criminal Law
    Industry: Federal Government | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-103-LPS

    The court rejected the government's restitution request as untimely filed, and imposed an amount of mandatory restitution based on the limited record evidence of the victims' lost financial assets and loss of income.

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    Texas Insurance Coverage Litigation: The Litigator’s Practice Guide 2025

    Authors: Amy Elizabeth Stewart

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  • Rockwell Automation, Inc. v. EU Automation, Inc.

    Publication Date: 2022-09-06
    Practice Area: Trademarks
    Industry: Distribution and Wholesale | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Dominick T. Gattuso, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Paul Tanck, Neal McLaughlin, Alston & Bird LLP, New York, NY for plaintiff.
    for defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Edward F. Maluf, Jeremy A. Cohen, Owen R. Wolfe, Jeremy Schachter, Seyfarth Shaw LLP, New York, NY for defendant.

    Case Number: D69945

    Defendant in trademark infringement action was subject to specific personal jurisdiction where it actively undertook sales of infringing goods into the jurisdiction, even though such sales only represented a small fraction of defendant's overall revenue.

  • In re: The Weinstein Co. Holdings, LLC

    Publication Date: 2022-08-23
    Practice Area: Bankruptcy
    Industry: Entertainment and Leisure
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: R. Crain Martin, Matthew S. Sama, DLA Piper LLP (US), Wilmington, DE; Brett Ingerman, DLA Piper LLP (US), Baltimore, MD; Rachel Ehrlich Albanese, DLA Piper LLP (US), New York, NY for appellant.
    for defendant: Robert S. Chapman, Sauer & Wagner LLP, Los Angeles, CA; Adam G. Landis, Kerri K. Mumford, Landis Rath & Cobb LLP, Wilmington, DE for appellee.

    Case Number: D69931

    Bankruptcy court correctly interpreted asset purchase agreement as entitling affiliate to payment on his participation interest where APA expressly identified the interest as a permitted lien that purchaser remained subject to, and thus the broader, general exclusion of obligations to debtor's affiliates did not control.

  • Tolliver v. Thompson

    Publication Date: 2022-08-23
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
    for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Christina J. Pross, Marinosci Law Group, Wilmington, DE for defendants.

    Case Number: D69929

    Fair Debt Collection Practices Act and Fair Credit Reporting Act claims arising from inaccurate reporting of loan account status failed as a matter of law where the alleged inaccurate reporting was not made to collect a debt and plaintiff never filed a notice of dispute against the information.

  • Exela Pharma Sciences, LLC v. Eton Pharm., Inc.

    Publication Date: 2022-08-23
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gregory R. Booker, Robert M. Oakes, Douglas E. McCann, Fish & Richardson P.C., Wilmington, DE; Corrin N. Drakulich, Christina D. Brown-Marshall, Dexter S. Whitley, Fish & Richardson, P.C., Atlanta, GA; Karrie Wheatley, Fish & Richardson, P.C., Houston, TX; Elizabeth M. Flanagan, Deanna Reichel, Fish & Richardson, P.C., Minneapolis, MN; Jonathan E. Singer, Fish & Richardson, P.C., San Diego, CA; Satish Chintapalli, Chintapalli Law Firm, PLLC, Cary, NC for plaintiff.
    for defendant: Timothy Devlin, Peter A. Mazur, Neil A. Benchell, Stephanie Berger, Robert Kiddie, Devlin Law Firm LLC, Wilmington, DE for defendant.

    Case Number: D69932

    After defendant admitted that its product met the limitations of the patents in suit, the court found it liable for infringement after defendant presented insufficient evidence to prove that the patents in suit were invalid as anticipated or obvious under the prior art.

  • Miller v. United States

    Publication Date: 2022-08-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Tyree Miller, pro se movant.
    for defendant: Shawn Weede, Assistant United States Attorney, United States Department of Justice, Wilmington, Delaware for respondent.

    Case Number: D69930

    Allegations of ineffective assistance of counsel were precluded by defendant's plea colloquy in which defendant admitted to voluntarily and intelligently entering a guilty plea and to satisfaction with counsel's performance, after defendant entered a plea agreement waiving direct or collateral attacks on the sentence.