• United States v. Biden

    Publication Date: 2024-04-29
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David C. Weiss, Special Counsel, Leo J. Wise, Principal Senior Assistant Special Counsel, Derek E. Hines, Senior Assistant Special Counsel, U.S. Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Christopher D. Man, Winston & Strawn, Washington, DC for defendant.

    Case Number: 23-61 (MN)

    Court declined to dismiss charges based on immunity purportedly conferred by a diversion agreement since the agreement lacked the approval necessary for it to go into effect and the parties and court disputed the scope of immunity.

  • In re: Walmart Inc. Sec. Litig.

    Publication Date: 2024-04-22
    Practice Area: Securities Litigation
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Sara Fuks, The Rosen Law Firm, P.A., New York, NY for plaintiffs.
    for defendant: Robert W. Whetzel, Raymond J. DiCamillo, John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Sean M. Berkowitz, Nicholas J. Siciliano, Latham & Watkins LLP, Chicago, IL for defendants.

    Case Number: 21-55-CFC

    Stockholders failed to adequately plead that securities filings were materially false or misleading where statements adequately conveyed that the company was subject to investigations and securities laws did not require corporations to guess as to the likely outcome of such investigations.

  • Deloitte Consulting LLP v. Sagitec Solutions LLC

    Publication Date: 2024-04-22
    Practice Area: Copyrights
    Industry: Consulting | Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-325-WCB

    Court denied renewed motion for stay pending resolution of interlocutory appeal in related criminal matter where no unexpected events had occurred in that matter and the scope of the limited stay would mean the defendants in the criminal matter would remain unavailable to testify due to their Fifth Amendment privilege.

  • Brown v. Google.com

    Publication Date: 2024-04-22
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Lottoria N. Brown, Wilmington, DE, pro se plaintiff.
    for defendant:

    Case Number: 22-1298 (MN)

    Court dismissed complaint upon sua sponte screening after finding that generic allegations failed to state a prima facie claim.

  • Traub v. Stardust389, Inc.

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
    for defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.

    Case Number: 22-1582-SRF

    Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.

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  • Gordian Med., Inc. v. Vaughn

    Publication Date: 2024-04-15
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Ryan J. Morley, John W. Hofstetter, Littler Mendelson, P.C., Cleveland, OH for plaintiffs.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; David E. Rothstein, Rothstein Law Firm, PA, Greenville, SC for defendant.

    Case Number: 22-319 (MN)

    Although court found most of former employee's restrictive covenants enforceable as reasonably tailored to protect employer's legitimate economic interests, it granted employee judgment where former employer failed to present evidence at trial proving that employee breached any enforceable covenant.

  • McNeal v. O'Malley

    Publication Date: 2024-04-15
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Marc H. Snyder, Rosen Moss Snyder & Bleefeld, LLP, Wilmington, DE for plaintiff.
    for defendant: David C. Weiss, United States Attorney, United States Attorney's Office for the District of Delaware, Wilmington, DE; Andrew C. Lynch, Special Assistant United States Attorney; Brian C. O'Donnell, Associate General Counsel; Brittany J. Gigliotti, Office of the General Counsel, Social Security Administration, Baltimore, MD for defendant.

    Case Number: 23-350-SRF

    The record contained substantial evidence to support an ALJ's determination of claimant's mental limitations, including examination findings within normal limits and claimant's admission that she could perform most tasks of personal care and daily living.

  • Fasano v. Delaware

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE; David M. Koller, Koller Law, LLC, Philadelphia, PA for plaintiff.
    for defendant: Sawyer M. Traver, Devera B. Scott, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE for defendant.

    Case Number: 22-1329-SRF

    Court dismissed state employee's disability discrimination claim for failure to serve process on the agency and officials he worked for, where service upon the attorney general or state solicitor was in addition to rather than in lieu of service on the named defendants.

  • Abdullah v. O'Malley

    Publication Date: 2024-04-15
    Practice Area: Administrative Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Ahmad J. Abdullah, Wilmington, DE, pro se plaintiff
    for defendant: Shawn Carver, Erica Adams, Social Security Administration, Baltimore, MD. for defendant.

    Case Number: 21-506-GBW

    Administrative law judge erred in concluding that Social Security disability applicant possessed residual functional capacity where the determination was based on a mischaracterization of the record evidence, which indicated applicant had a much more limited capacity than that found by the ALJ.

  • Preister v. Tesla BioHealing, Inc.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, Dover, DE for plaintiff.
    for defendant: David B. Anthony, Zachary J. Schnapp, Berger McDermott LLP, Wilmington, DE for defendant.

    Case Number: 23-00575-CFC

    Claims were time-barred under applicable one-year limitations period to the extent they sought to recover unpaid wages, although promissory estoppel claim seeking reimbursement of relocation costs was timely under the general three-year limitations period.