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  • vMedex, Inc. v. TDS Operating, Inc.

    Publication Date: 2021-05-19
    Practice Area: Contractual Disputes
    Industry: Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ann M. Kashishian, Kashishian Law LLC, Wilmington, DE; Marlo J. Hittman, Law Office of Marlo J. Hittman, Livingston, NJ for plaintiffs.
    for defendant: Marc S. Casarino, White & Williams LLP, Wilmington, DE; David M. Friebus, Baker & Hostetler LLP, Chica-go, IL for defendants.
    Case Number: D69404

    The court granted defendants' motion to dismiss plaintiffs' claims with prejudice, except for one claim per-taining to an earn-out provision.

  • Keys v. Hanover Foods Corp.

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Seth J. Reidenberg, Tybout, Redfearn & Pell, Wilmington, DE; Evan L. Frank, Alan L. Frank Law Associates, P.C., Jenkintown, PA for plaintiff.
    for defendant: Curtis J. Crowther, Timothy J. Houseal, Lauren E.M. Russell, and Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D69400

    Race discrimination claim dismissed on summary judgment where employee failed to present any specific evidence that his termination for sleeping on the job was pretext for racial animus.

  • Johnson-Krumm v. City of Seaford

    Publication Date: 2021-05-12
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Rosemary J. Piergiovanni, Farnan LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel A. Griffith, Kaan Ekiner, Whiteford, Taylor & Preston LLC, Wilmington, DE for defendants.
    Case Number: D69390

    Police had no constitutional duty to save a suspect in handcuffs who escaped the physical grasp of officers and tried to escape via a river where he drowned.

  • Franklin v. Navient, Inc.

    Publication Date: 2021-05-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Ricky R. Franklin, Stockbridge, GA, pro se plaintiff.
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant.
    Case Number: D69384

    Supreme Court's striking down of the government debt exception to Telephone Consumer Protection Act ban on robocalls as unconstitutional rendered the law void, such that defendant could not rely on that law to avoid liability.

  • Roseboom v. Hunley

    Publication Date: 2021-05-05
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE for plaintiffs.
    for defendant: Dylan J. Steinberg, U.S. Attorney’s Office, Wilmington, DE for defendant.
    Case Number: D69389

    Family members who were injured when a mail truck rear-ended them provided sufficient notice of their claims under the Federal Tort Claims Act. However, another family member failed to present his loss of con-sortium claim, so the court granted the motion to dismiss that claim.

  • Law Journal Press | Digital Book

    Connecticut Landlord and Tenant Law with Forms Third Edition (2020)

    Authors: NOBLE F. ALLEN

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  • Cephas v. Oliver

    Publication Date: 2021-05-05
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Renée Leverette, The Igwe Firm, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; Rosamaria Tassone-DiNardo, City of Wilmington Law Department, Wilmington, DE for defendants.
    Case Number: D69383

    Plaintiff sexually assaulted by police officer failed to adequately plead constitutional claims by identifying wanton negligence or deliberate indifference to officers' misconduct.

  • Frampton v. Saul

    Publication Date: 2021-04-28
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69377

    The court exercised its discretion to excuse a claimant's forfeiture of a legal issue due to a recent appellate decision, and it remanded the case for a new administrative hearing.

  • Wild Meadows MHC, LLC v. Weidman

    Publication Date: 2021-04-28
    Practice Area: Dispute Resolution
    Industry: Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Montgomery-Reeves
    Attorneys: For plaintiff: Michael P. Morton, Robert J. Valihura, Jr., David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE for petitioner.
    for defendant: James P. Sharp, Moore & Rutt, P.A., Georgetown, DE for respondent Weidman. Olga Beskrone, Communi-ty Legal Aid Soc’y, Inc., Wilmington, DE for intervenor/respondent Wild Meadows Homeowners’ Ass’n.
    Case Number: D69381

    An arbitrator in a dispute involving a rent increase for a mobile home community had authority to compel the owner of the community to provide discovery.

  • In re Maxus Energy Corp.

    Publication Date: 2021-04-21
    Practice Area: Bankruptcy
    Industry: Energy | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Sontchi
    Attorneys: For plaintiff: Adam G. Landis, Matthew B. McGuire, Landis Rath & Cobb LLP, Wilmington, DE; Victor L. Hou, Ari E. MacKinnon, Cleary Gottleib Steen & Hamilton LLP, New York, NY for YPF defendants.
    for defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore, Matthew L. Nichol-son, White & Case LLP, New York, NY for liquidating trust.
    Case Number: D69369

    Bankruptcy court denied a motion to disqualify the firm that served as lead counsel for a liquidating trust, because the firm had implemented a screen with respect to an attorney who had joined the firm.

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

    Publication Date: 2021-04-21
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Consumer Financial Protection Bureau, Washington, DC for plaintiff.
    for defendant: Kurt M. Heyman, Melissa N. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Erik W. Haas, Peter W. Tomlinson, Joshua Kipnees, George A. LoBiondo, Jared Buszin, Devon Hercher, Peter Shakro, Patterson Belknap Webb & Tyler LLP, New York, NY; Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE; Nicholas H. Pennington, Stevens & Lee, P.C., King of Prussia, PA; Stephen B. Brauerman, Jason C. Jowers, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for intervenors.
    Case Number: D69366

    Where CFPB director lacked constitutional authority to initiate an enforcement action, failure of the agency to take diligent action to preserve its enforcement rights meant that ratification by validly appointed director outside the statute of limitation was untimely.