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  • Schiavo v. Carney

    Publication Date: 2021-08-04
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Charles Schiavo, Smyrna, DE, pro se plaintiff.
    for defendant: Allison Jean McCowin, Delaware Dep’t of Justice, Wilmington, DE for defendants.
    Case Number: D69492

    Plaintiff lacked standing to obtain injunctive relief regarding the governor's state of emergency in response to COVID-19, so the court granted defendant's motion to dismiss.

  • In re: TK Holdings, Inc.

    Publication Date: 2021-07-28
    Practice Area: Bankruptcy
    Industry: Automotive | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: James F. DeBouno, pro se appellant, Voorhees, NJ;
    for defendant: Stanley B. Tarr, Blank Rome LLP, Wilmington, DE; David J. Molton, Cameron Moxley, Gerard T. Cicero, Uchechi A. Egeonuigwe, Brown Rudnick LLP, New York, NY for trustee of Takata Airbag Tort Compensation Trust.
    Case Number: D69481

    The court affirmed a decision by the bankruptcy court which rejected certain claims because debtors did not manufacture the sensor that was responsible for claimants' injuries.

  • HostForWeb, Inc. v. Frank

    Publication Date: 2021-07-21
    Practice Area: Mergers and Acquisitions
    Industry: E-Commerce | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: James D. Taylor, Jr., Charles E. Davis, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; John B. Wolf, Ashman & Stein, Stokie, IL for plaintiff.
    for defendant: John A. Sensing, Jesse L. Noa, Potter Anderson & Corroon LLP, Wilmington, DE; Branden P. Moore, McGuire Woods LLP, Pittsburgh, PA for defendants.
    Case Number: D69472

    Defendants' counterclaims were dismissed where it could not obtain a setoff from its payments to plaintiff for plaintiff's purported breach of the parties' asset purchase agreement where the express terms of the APA did not allow for setoffs.

  • Kirk v. Saul

    Publication Date: 2021-07-21
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: David C. Weiss, U.S. Attorney’s Office, Wilmington, DE; Heather Benderson, Brian C. O’Donnell, Melissa K. Curry, Office of General Counsel, Social Security Administration, Philadelphia, PA for defendant.
    Case Number: D69473

    Where an administrative law judge did not consider the opinions of a claimant's medical professionals re-garding conditions stated in his application, the court remanded because the decision was not based on sub-stantial evidence.

  • Thorne v. Crane Co.

    Publication Date: 2021-07-14
    Practice Area: Personal Injury
    Industry: Chemicals and Materials | Defense
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69468

    In this asbestos-related personal injury case, the court concluded that the applicable substantive law was based on the manifestation approach rather than the exposure approach.

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Moon v. E.I. Du Pont De Nemours & Co.

    Publication Date: 2021-07-07
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: P. Bradford deLeeuw, deLeeuw Law LLC, Wilmington, DE; Michael C. McKay, McKay Law, LLC, Scottsdale, AZ for plaintiff.
    for defendant: Beth Moskow-Schnoll, Brittany M. Giusini, Juliana R. van Hoeven, Ballard Spahr LLP, Wilmington, DE; Da-vid S. Fryman, Katherine J. Atkinson, Ballard Spahr LLP, Philadelphia, PA for defendant.
    Case Number: D69459

    Retirement plan administrators owed fiduciary duties to plan participants and their beneficiaries, so the court denied defendant's motion to dismiss because plaintiff had plausibly alleged that defendant breached its duties by failing to provide him with information about the date on which he could being receiving full bene-fits.

  • Int'l Sec., LLC v. Berry

    Publication Date: 2021-06-30
    Practice Area: Business Torts
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DEs for plaintiff.
    for defendant: Joseph C. Handlon, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for defendants.
    Case Number: D69448

    Where state officials could initiate emergency suspension of plaintiff's license, plaintiff failed to allege procedural due process violation where plaintiff was advised of its right to request a hearing on the suspension and plaintiff could not refute the alleged existence of an emergency.

  • AstraZeneca Pharms. LP v. Becerra

    Publication Date: 2021-06-30
    Practice Area: Health Care Law
    Industry: Federal Government | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michael P. Kelly, Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei, Stephen K. Wirth, Arnold & Porter Kay Scholer LLP, Washington, DC for plaintiff.
    for defendant: Brian D. Netter, Michelle R. Bennett, Rachael L. Westmoreland, Kate Talmor, Jody Lowenstein, U.S. Department of Justice, Washington, DC for defendants.
    Case Number: D69446

    U.S. Department of Health and Human Service's guidance regarding the 340B drug program violated the Administrative Procedure Act due to lack of notice-and-comment where guidance materially altered obligations of drugmakers under the 340B program and constituted a final agency decision.

  • Houston Cas. Co. v. Truist Fin. Corp.

    Publication Date: 2021-06-23
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: John C. Phillips, Jr., David A. Bilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Gabriela Richeimer, Justin Levy, Clyde & Co. LLP, Washington, DC; Barry M. Klayman, Cozen O’Connor, Wilmington, DE for plaintiffs.
    for defendant: Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; John C. Goodchild III, Su Jin Kim, Aman-da Lashner, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendant.
    Case Number: D69442

    The court granted buyer's motion for summary judgment because the parties' purchase agreement required seller to indemnify buyer, but buyer's insurer was not entitled to summary judgment.

  • Discovery Educ., Inc. v. SchoolsPLP, LLC

    Publication Date: 2021-06-23
    Practice Area: Intellectual Property
    Industry: E-Commerce | Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Anna Shabalov, K&L Gates LLP, Pittsburgh, PA for plaintiff.
    for defendant: Adam V. Orlacchio, Brandon W. McCune, Blank Rome LLP, Wilmington, DE; Jason A. Snyderman, Huaou Yan, Blank Rome LLP, Philadelphia, PA for defendant.
    Case Number: D69441

    The court dismissed plaintiff's claims under the Computer Fraud and Abuse Act because the complaint did not allege sufficient knowledge on defendant's part, but it denied the motion to dismiss claims for tortious interference with prospective business relations.