• Wu v. E. Ocean Agriculture Corp.

    Publication Date: 2022-02-22
    Practice Area: Labor Law
    Industry: Agriculture
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Antranig Garibian, Garibian Law Offices, P.C., Wilmington, DE; Heng Wang, Wang, Gao & Associates, P.C., Metuchen, NJ for plaintiff.
    for defendant: Lauren E. M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Ying Liu, Carolyn Shields, Liu & Shields, LLP, Flushing, NY for defendants.

    Case Number: D69723

    Fair Labor Standards Act claims failed where farm workers fell within the statute's agricultural exemption from the minimum wage and overtime provisions of the act.

  • Apex Fin. Options LLC v. Gilbertson

    Publication Date: 2022-02-22
    Practice Area: Expert Witnesses
    Industry: Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69720

    The court found defendants' expert opinion ostensibly about valuation to be outside the scope of the expert's qualifications, to be unhelpful to the trier of fact, and to be unreliable because of reliance on irrelevant data.

  • Consumer Fin. Prot. Bureau v. Nat'l Collegiate Master Student Loan Trust

    Publication Date: 2022-02-22
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Colin T. Reardon, Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Tiffany Hardy, Consumer Financial Protection Bureau, Washington, D.C. for plaintiff.
    for defendant: Megan Ix Brison, Michael A. Weidinger, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE for defendants.

    Case Number: D69722

    The court certified two issues for appeal though there was no final judgment because they were both novel and controlling questions of law with substantial ground for difference of opinion and the appeal would advance the ultimate termination of the litigation.

  • Commonwealth Motor Inc. v. Garland

    Publication Date: 2022-02-22
    Practice Area: Immigration Law
    Industry: Automotive | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: John P. Deckers, John P. Deckers, Wilmington, DE; Alex G. Isbell, Pallandino, Isbell & Caxazza, Philadelphia, PA for plaintiffs.
    for defendant: Dylan J. Steinberg, Asst. US Attorney, Wilmington, DE for defendants.

    Case Number: D69721

    The court affirmed the decision that a sales engineer was not a specialized occupation such that petitioner did not meet the requirements for an I-129 work permit.

  • Valentin v. Wysock

    Publication Date: 2022-02-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Katherine Butler, Law Offices of Kate Butler, Esq., Wilmington, DE for plaintiffs.
    for defendant: Geena Khomenko George, The Law Offices of Geena Khomenko George, LLC, Hockessin, DE; Richard L. Abbott, Abbott Law Firm, LLC, Hockessin, DE; Shae Lyn Chasanov, Tybout Redfearn & Pell, Wilmington, DE; Nicholas Jaison Brannick, New Castle County Law Department, New Castle, DE for defendants.

    Case Number: D69725

    Federal civil rights claims could proceed against officer who arrested plaintiff for alleged violation of a noise ordinance based solely on complaints from neighbors who had made prior baseless complaints against the plaintiff, which were insufficient to support probable cause.

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Enigwe v. Amazon.com Servs., LLC

    Publication Date: 2022-02-15
    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, pro se plaintiff,
    for defendant: Philadelphia, PA; Craig E. Pinkus, Philip Zimmerly, Bose Mckinney & Evans LLP, Indianapolis, IA; Craig E. Pinkus, Philip Zimmerly, Bose Mckinney & Evans LLP, Indianapolis, IA; Nicholas D. Mozal, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.

    Case Number: D69716

    Copyright infringement claims failed where settlement between author and publisher did not expressly terminate publisher's contractual right to publish and sell the author's book.

  • United States v. U.S. Sugar Corp.

    Publication Date: 2022-02-01
    Practice Area: Antitrust
    Industry: Agriculture | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Laura D. Hatcher, Chief, Civil Division, Shamoor Anis, United States Attorney’s Office, Wilmington, DE; Brian Hanna, Jonathan Y. Mincer, Jenigh Garrett, Jill Ptacek, United States Department Of Justice, Antitrust Division, Washington, DC for plaintiff.
    for defendant: Jack B. Blumenfeld, Brian P. Egan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence E. Buterman, Latham & Watkins LLP, New York, NY; Amanda P. Reeves, Latham & Watkins LLP, Washington, DC; Elyse M. Greenwald, Latham & Watkins LLP, Los Angeles, CA; Daniel K. Hogan, Daniel C. Kerrick, Hogan McDaniel, Wilmington, DE; Peter J. Schwingler, Stinson LLP, Minneapolis, MN; Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Amanda L. Wait, Vic Domen, Norton Rose Fulbright US LLP, Washington, DC; Darryl Wade Anderson, Norton Rose Fulbright US LLP, Houston, TX; Christine A. Varney, David R. Marriott, Peter T. Parbur, Timothy G. Cameron, Cravath, Swaine & Moore LLP, New York, NY for defendants.

    Case Number: D69700

    Court declined to transfer government's Clayton Act suit where the government had filed suit in the state of incorporation of the parties to the challenged transaction, where the corporate parties had also agreed to hear claims arising from their transaction, such that the government's of forum was entitled to substantial deference.

  • Kirchner v. Wyndham Vacation Resorts, Inc.

    Publication Date: 2022-02-01
    Practice Area: Consumer Protection
    Industry: Hospitality and Lodging | Travel and Tourism
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Herbert Weiswasser Mondros, Rigrodsky Law, P.A., Wilmington, DE; Howard B. Prossnitz, Law Offices of Howard Prossnitz, Oak Park, IL; Adam Szulczewski, Chicago, Illinois for plaintiffs.
    for defendant: Matthew Denn, DLA Piper LLP (US), Wilmington, DE; David S. Sager, DLA Piper LLP (US), Short Hills, NJ for defendant.

    Case Number: D69699

    Fraudulent omission claims not dismissed where defendant's contractual disclosures did not contradict plaintiffs' allegations.

  • Hansen v. Brandywine Nursing & Rehab. Ctr., Inc.

    Publication Date: 2022-02-01
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Michael Patrick Minuti, McCann & Wall LLC, Wilmington, DE; Neil Raymond Lapinski, Phillip Anthony Giordano, Gordon, Fournaris & Mamivlarella, Wilmington, DE for plaintiffs.
    for defendant: Stephen J. Milewski, Roopa Sabesan, White & Williams, Wilmington, DE for defendant.

    Case Number: D69698

    The court held that plaintiff's lawsuit which alleged wrongful death of nursing home residents who died from COVID-19 did not possess the prerequisites for federal jurisdiction and was not preempted by the federal statute called Public Readiness and Emergency Preparedness Act.

  • Nexstar Media Inc. v. Spectrum Mgmt. Holding Co., LLC

    Publication Date: 2022-01-25
    Practice Area: Telecommunications
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: A. Thompson Bayliss, Daniel John McBride, Abrams & Bayliss LLP, Wilmington, DE; Mitchell A. Kamin, Mark Chen, Covington & Burling LLP, Los Angeles, CA; Lindsay Barnhart, Covington & Burling LLP, Palo Alto, CA for plaintiff.
    for defendant: Kelly E. Farnan, Richards, Layton & Finger, PA, Wilmington, DE; Howard J. Symons, Jenner & Block LLP, New York, NY; Megan B. Poetzel, Lina R. Powell, Jenner & Block LLP, Chicago, IL for defendant.

    Case Number: D69691

    Federal court lacked federal jurisdiction over breach of contract claim where FCC antitrust regulations were not sufficiently substantial enough to the case to warrant the exercise of jurisdiction.