• Overington v. Fisher

    Publication Date: 2022-08-23
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kari Lynn Overington, Milton, DE, pro se plaintiff.
    for defendant: George Thomas Lees III, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.

    Case Number: D69933

    First Amendment claim could be levied against government officials where the claim alleged that regulations on the content of vehicle plate licensing were placed in the unfettered discretion of government officials.

  • Lamplugh v. PFB Energy

    Publication Date: 2022-08-09
    Practice Area: Labor Law
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: George Lamplugh, Glen Mills, PA, pro se plaintiff;
    for defendant: Peter L. Frattarelli, Kevin F. Shaw, Archer & Greiner, P.C., Wilmington, DE, attorneys for defendants.

    Case Number: D69915

    Former supervisor did not commit defamation where they provided HR for plaintiff's prospective employer with arbitration decision related to plaintiff's termination from prior employment, particularly where the supervisor had gone to work for the prospective employer and had common interest.

  • In re: TPC Group. Inc.

    Publication Date: 2022-08-09
    Practice Area: Bankruptcy
    Industry: Energy | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jennifer Selendy, Andrew R. Dunlap, Oscar Shine, Max H. Siegel, Selendy Gay Elsberg PLLC, New York, NY; Laura Davis Jones, Timothy P. Cairns, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for appellants.
    for defendant: James R. Prince, Kevin Chiu, Baker Botts LLP, Dallas, TX; Scott R. Bowling, Baker Botts LLP, New York, NY; David R. Eastlake, Lauren N. Randle, Baker Botts LLP, Houston, TX; Robert J. Dehney, Curtis S. Miller, Daniel B. Butz, Matthew 0. Talmo, Brian Loughnane, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Kristopher M. Hansen, Kenneth Pasquale, Jonathan D. Canfield, Paul Hastings LLP, New York, NY; Matthew B. Lunn, Robert F. Poppiti, Jr., Young Conaway Stargatt & Taylor, LLP for appellees.

    Case Number: D69911

    Emergency stay of bankruptcy court's adverse grant of judgment in adversary proceeding denied where appellants were unlikely to prevail on the merits of their appeal and where harm to Chapter 11 debtor outweighed the harm that might come from the reduction of appellants' claims.

  • Gary v. Deluxe Corp.

    Publication Date: 2022-08-09
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Constance Gary, New Castle, DE, pro se plaintiff.
    for defendant: Alessandra Glorioso, Jillian Kornblatt, Trevor Brown, Dorsey & Whitney (Delaware) LLP for defendant.

    Case Number: D69917

    Employee's defamation claim allowed to proceed where employee alleged that rumors were being spread around the workplace by one or more co-workers, which was sufficient allegation to state a claim of vicarious liability against the employer.

  • Miller v. Del-One Fed. Credit Union

    Publication Date: 2022-08-09
    Practice Area: Banking and Finance Laws
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: David W. deBruin, Napoli Shkolnik LLC, Wilmington, DE; Elaine S. Kusel, Sherief Morsy, McCune Wright Arevalo, LLP, Newark, NJ for plaintiff.
    for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.

    Case Number: D69913

    Bank violated federal regulations governing overdraft policy notices where bank used template language in the regulation, which may not accurately describe bank's specific overdraft policy.

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  • In re: Essar Steel Minnesota LLC

    Publication Date: 2022-08-02
    Practice Area: Bankruptcy
    Industry: Construction | Manufacturing | Mining and Resources
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Garvan F. McDaniel, Daniel K. Hogan, Hogan McDaniel, Wilmington, DE; Stephen W. Tountas, Robert W. Novick, Melissa Barahona, Kasowitz Benson Torres LLP, New York, NY for plaintiff.
    for defendant: Mark E. Felger, Simon E. Fraser, Cozen O’Connor, Wilmington, DE; Karen M. Grivner, Clark Hill PLC, Wilmington, DE; Scott N. Schreiber, Michael P. Croghan, Clark Hill PLC, Chicago, IL for defendants.

    Case Number: D69909

    Motion for leave to appeal bankruptcy court's ruling on the applicable statute of limitations denied where resolution of the issue would not exclude most, if any, of the litigation trustee's fiduciary claims against defendants, and therefore would not materially advance the litigation.

  • Enigwe v. Amazon.com Servs., LLC

    Publication Date: 2022-07-26
    Practice Area: Copyrights
    Industry: E-Commerce | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Ifedoo Enigwe, Philadelphia, PA, pro se plaintiff.
    for defendant: Brandon Ryan Harper, Potter Anderson & Corroon LLP, Wilmington, DE; Craig E. Pinkus, Philip Zimmerly, Bose McKinney & Evans LLP, Indianapolis, IN; Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; Nicholas D. Mozal, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.

    Case Number: D69896

    Although plaintiff alleged plausible copyright infringement claim pursuant to his original agreement with his publisher, the applicability of a later settlement between plaintiff and publisher had to be resolved by an Indiana court pursuant to the settlement's forum selection clause.

  • In re: ASHINC Corp.

    Publication Date: 2022-07-26
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Laura Davis Jones, David M. Bertenthal, Peter J. Keane, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE; Patricia L. Glaser, Gali Grant, Matthew P. Bernstein, Glaser Weil Fink Howard Avchen & Shapiro LLP, Los Angeles, CA for appellants.
    for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Gregory P. Joseph, Douglas J. Pepe, Gila S. Singer, Joseph Hage Aaronson LLC, New York, NY; Jeffrey H. Zaiger, Judd A. Lindenfeld, Zaiger LLC, Stamford, CT for appellee.

    Case Number: D69895

    District court accepted bankruptcy court's proposed findings of fact and conclusions of law in non-core breach of contract claim where defendant failed to cite evidence creating a genuine issue of material fact as to each of defendant's alleged breaches of a first lien credit agreement, including with respect to the measure of damages.

  • MHL Custom, Inc. v. Waydoo USA, Inc.

    Publication Date: 2022-07-26
    Practice Area: Patent Litigation
    Industry: Entertainment and Leisure | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; Dennis D. Murrell, Robert J. Theuerkauf, Daniel W. Redding, Middleton Reutlinger; Louisville, KY for plaintiff.
    for defendant: Kelly E. Farnan, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; Edgar H. Haug, Robert E. Colletti, Roman Khasidov, Mark Basanta, Haug Partners LLP, New York, NY for defendants.

    Case Number: D69897

    Patent term referring to "static stability" was not indefinite where the term had a definite meaning that was well-understood within the art.

  • United States v. CCM TCEP, LLC

    Publication Date: 2022-07-26
    Practice Area: Contracts
    Industry: Construction | Energy | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Hughes
    Attorneys: For plaintiff: Brian Boynton, Acting Assistant Attorney General, Washington, DC; David C. Weiss, United States Attorney for the District of Delaware, Wilmington, DE; Ruth A. Harvey, Michael J. Quinn, John R. Kresse, Tiffiney Carney, United States Department of Justice, Civil Division, Commercial Litigation Branch, Washington, DC for plaintiff.
    for defendant: Michael J. Gottlieb, Martin J. Weinstein, Willkie Farr & Gallagher LLP, Washington, DC; Natalia T. Sorgente, Adam Dec, Baker Botts, L.L.P., Washington, DC; Kenneth J. Nachbar, Alexandra M. Cumings, Morris Nichols Arsht & Tunnell, Wilmington, DE for defendants.

    Case Number: D69900

    Guarantors lacked standing to sue under prime contract where guarantors were not parties to the agreement and their surety status did not mean they were third-party beneficiaries under the prime contract.