• Trachtenberg v. Marriott Int'l, Inc.

    Publication Date: 2021-11-30
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging | Travel and Tourism
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Anna Tractenberg, Craig Tractenberg, Villanova, Pennsylvania, pro se plaintiffs.
    for defendant: Brannan Cole, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE; Marc Sposato, Riley B. MacGray, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE for defendant.

    Case Number: D69627

    Court declined to exercise personal jurisdiction over foreign subsidiary of domestic parent where subsidiary had no contacts with the forum and the parent's domestic actions could not be imputed to a subsidiary.

  • Dorazio v. Johnson

    Publication Date: 2021-11-23
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Johnny L. Dorazio, Sr., pro se plaintiff.
    for defendant: N/A

    Case Number: D69618

    The court held that plaintiff could not maintain a constitutional claim based upon allegations that his grievances about treatment in prison were not adequately addressed, making his complaint against prison employees a frivolous suit.

  • ID Image Sensing LLC v. Omnivision Tech., Inc.

    Publication Date: 2021-11-23
    Practice Area: Intellectual Property
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Michael J. Farnan, Farnan LLP, Wilmington, DE; Corby Vowell, Dave R. Gunter, Friedman, Suder & Cooke, Fort Worth, TX for plaintiff.
    for defendant: Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; David H. Bluestone, Michael D. Educate, Barack Ferrazzano Kirschbaum & Nagelberg, LLP, Chicago, IL for defendant.

    Case Number: D69620

    Court adopted plain and ordinary meaning for disputed terms in claim construction where patent specifications did not include negative limiting language or display the patentee's intention to redefine terms with plain and ordinary meanings.

  • Harris v. Centurion

    Publication Date: 2021-11-23
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Eric Harris, Howard R. Young Correctional Institution, Wilmington, DE, pro se plaintiff.
    for defendant: N/A

    Case Number: D69619

    Although inmate sufficiently pled a serious medical need and defendants' failure to provide care for that need, the court dismissed the complaint on screening when it was unclear as to whether the alleged wrongful conduct occurred within the statute of limitations.

  • Stafford v. Doe

    Publication Date: 2021-11-23
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kenneth A. Stafford, Newport, DE, pro se plaintiff.
    for defendant: N/A

    Case Number: D69621

    Court dismissed §1983 claims against state agency pursuant to Eleventh Amendment immunity and against a municipal police department where agencies of municipalities were not cognizable parties in §1983 actions.

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  • Finjan LLC v. Trustwave Holdings, Inc.

    Publication Date: 2021-11-16
    Practice Area: Contractual Disputes
    Industry: Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Karen E. Keller, Jeff Castellano, Shaw Keller LLP, Wilmington, DE; Bijal Vakil, Jeremy T. Elman, White & Case LLP, Palo Alto, CA for plaintiff.
    for defendant: Jack B. Blumenfeld, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John S. Letchinger, Baker & Hostetler LLP, Chicago, IL, Jared A. Brandyberry, Baker & Hostetler LLP, Denver, CO for defendants.

    Case Number: D69610

    The court held that 1) plaintiff established personal jurisdiction over defendant Singapore Telecommunications Limited, or Singtel, as to the breach of contract claim by virtue of Singtel' s consent to the forum selection clause, 2) plaintiff failed to establish personal jurisdiction over Singtel as to the patent infringement claim and 3) Singtel established good cause to stay plaintiff's breach of contract claim against it.

  • Park Lawn Corp. v. PlotBox Inc.

    Publication Date: 2021-11-16
    Practice Area: Trade Secrets
    Industry: Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Jody Barillare, John P. Bramble, Michael P. Jones, Nancy L. Patterson, Morgan, Lewis & Bockius LLP, Wilmington, DE for plaintiff.
    for defendant: Leslie B. Spoltore, Dove Burns, Obermayer, Rebmann, Maxwell & Hippel LLP, Wilmington, DE for defendant.

    Case Number: D69611

    Misappropriation and tortious interference claims survived dismissal where company plausibly alleged that competitor solicited trade secrets from its chief executive officer and worked with the CEO to poach other key employees, in violation of the CEO's employment agreements.

  • United States v. Bacon

    Publication Date: 2021-11-16
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss, Maureen McCartney, Jesse S. Wenger, Christopher L. de Barrena-Sarobe, U.S. Attorney's Office, District of Delaware, Wilmington, DE for plaintiff.
    for defendant: Edson A. Bostic, The Bostic Law Firm, Philadelphia, PA; Conor Wilson, Office of The Federal Public Defender, Wilmington, DE; Jose Luis Ongay, Law Offices of Jose Luis Ongay, Plymouth Meeting, PA; Michael N. Huff, Law Offices of Michael N. Huff, Philadelphia, PA; Luis A. Ortiz, Law Offices of Luis A. Ortiz, Philadelphia, PA; Christopher G. Furlong, Law Offices of Christopher G. Furlong, Media, PA for defendants.

    Case Number: D69613

    Cyberstalking constituted a predicate crime of violence to support a firearms charge, where the elements of the charged cyberstalking offense necessarily alleged that defendant engaged in conduct that involved threatening the use of physical force or violence.

  • White Winston Select Asset Funds, LLC v. Good Times Rest., Inc.

    Publication Date: 2021-11-09
    Practice Area: Mergers and Acquisitions
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Richard A. Barkasy, Kristi J. Doughty, Stephen A. Fogdall, Schnader, Harrison, Segal & Lewis LLP, Wilmington, DE; Daniel M. Pereira, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for plaintiffs
    for defendant: Catherine A. Gaul, Michael Dean Walker, Jr. Ashby & Geddes, Wilmington, DE; Peter L. Loh, Davis G. Mosmeyer III, Sara A. Brown, Foley & Lardner LLP, Dallas, TX for defendant.

    Case Number: D69605

    Motion for leave to amend granted where the new proposed claims were based in part on facts that were not known to plaintiff until revealed during discovery.

  • Brown v. Evans

    Publication Date: 2021-11-09
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Christofer Curtis Johnson, The Johnson Firm LLC, Wilmington, DE for plaintiff.
    for defendant: Mary A. Jacobson, New Castle County Law Department, New Castle, DE for defendants.

    Case Number: D69599

    The court held that where plaintiff alleged that when police received a tip about drug dealing at his house, police did not investigate further but forcibly subdued and arrested him, plaintiff stated a claim for excessive force and unlawful arrest.