• Speakman v. Williams

    Publication Date: 2020-03-11
    Practice Area: Constitutional Law | Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Thomas C. Crumplar and Raeann C. Warner of Jacobs & Crumplar, P.A.; Stephen J. Neuberger and Thomas S. Neuberger of The Neuberger Firm, P.A. for plaintiffs.
    for defendant: Michael P. Kelly, Steven P. Wood, Dawn Kurtz Crompton, Hayley J. Reese and Adam N. Saravay of McCarter & English, LLP for defendant city. James D. Taylor, Jr. and Jessica M. Jones of Saul Ewing Arnstein & Lehr for defendant Williams. Kathleen Furey McDonough, Jesse L. Noa and Tracey E. Timlin of Potter Anderson & Corroon LLP for defendant Goode.

    Case Number: D68909

    Plaintiffs failed to state a claim for a violation of constitutional law in this case involving the injury and death of multiple fire-fighters. Family members did not have standing to pursue wrongful death actions, but the representatives of those estates could do so.

  • Chang v. State of Delaware

    Publication Date: 2020-03-11
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Weih Steven Chang, Hockessin, DE, pro se plaintiff.
    for defendant: Rosamaria Tassone-DiNardo, First Assistant City Solicitor, City of Wilmington Law Department, Wilmington, DE for defendant city. Ryan P. Connell, Deputy Attorney General, Department of Justice, State of Delaware, Wilmington, DE for defendants State and stage agencies. Gary H. Kaplan and Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Children’s Advocacy Center of Delaware.

    Case Number: D68902

    Rule 60 motion denied where plaintiff failed to identify facts previously unknown to him during the prior proceedings and where his unsubstantiated allegations of judicial bias did not warrant extraordinary relief.

  • Navarro v. Wal-Mart Assoc., Inc.

    Publication Date: 2020-03-04
    Practice Area: Employment Litigation
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Nelson Navarro, Smyrna, DE, pro se plaintiff.
    for defendant: Lindsay Neinast, Littler Mendelson, P.C., Washington, DC for defendants.

    Case Number: D68898

    Plaintiff's administrative complaint regarding race discrimination did not encompass claims for retaliation or a hostile work environment.

  • Evans v. Johnson & Johnson Co.

    Publication Date: 2020-02-26
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Augustus Hebrew Evans, Jr., James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
    for defendant: Todd C. Schlitz, Drinker Biddle & Reath, LLP, Wilmington, DE; Daniel J. Brown and Hayley J. Reese, McCarter & English, LLP Wilmington, DE for defendants.

    Case Number: D68888

    Plaintiff's product liability claim against brand name pharmaceutical manufacturer for alleged adverse side effects from the drug failed where plaintiff's claims were barred by the learned intermediary doctrine as plaintiff failed to allege how additional warnings from defendants would have changed plaintiff's physicians' decision to prescribe the medication.

  • Roe v. Wyndham Worldwide, Inc.

    Publication Date: 2020-02-26
    Practice Area: Business Torts
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE; D. Michelle Douglas, Kalbian Hagerty LLP, Washington, DC for plaintiff.
    for defendant: Kevin J. Connors and Marshall Dennehey, Warner Coleman & Goggin, Wilmington, DE for Wyndham defendants. Stephen B. Brauerman and Emily A. Letcher, Bayard, P.A., Wilmington, DE for defendant Özdilek.

    Case Number: D68890

    The court granted motions to dismiss two parties based on lack of personal jurisdiction. Although some factors supported dis-missal based on forum non conveniens, those factors did not outweigh the deference to plaintiff's choice of forum.

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    Constangy’s Field Guide to the Fair Labor Standards Act 2014

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  • Gottipati v. Prasad

    Publication Date: 2020-02-26
    Practice Area: Contractual Disputes
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Phanendra B. Gottipati, Townsend, DE, pro se plaintiff.
    for defendant: Baddam Mounika, Bear, DE and Kotha Ramana, Chadds Ford, PA, pro se defendants.

    Case Number: D68889

    The complaint did not allege complete diversity among the parties and the requirement for the amount in controversy was not met, so the court dismissed this case without prejudice due to lack of subject matter jurisdiction.

  • Damiani-Melendez v. Metzger

    Publication Date: 2020-02-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Pablo Damiani-Melendez, pro se petitioner.
    for defendant: Brian L. Arban, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.

    Case Number: D68887

    Petition for writ of habeas corpus denied as untimely as there was not enough time that could be equitably tolled from the limitations to render timely a petition filed three years after conviction became final.

  • Goetz v. Voya Fin., Inc.

    Publication Date: 2020-02-19
    Practice Area: Consumer Protection
    Industry: Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Kriner, Jr., Vera G. Belger, Chimicles & Tikellis LLP, Wilmington, DE; Steven A. Schwartz, Chimicles & Tikellis LLP, Haverford, PA; Franklin D. Azar, H. Zachary Balkin, Paul R. Wood, Jonathan S. Parrott, Franklin D. Azar & Associates P.C., Aurora, CO; Gordon W. Netzorg, Sherman & Howard LLC, Denver, CO for plaintiff.
    for defendant: Patricia R. Urban, Pinckney, Weidinger, Urban & Joyce LLC, Greenville, DE; James F. Jorden, Waldemar J. Pflepsen, Jr., W. Glenn Merten, Faegre Drinker Biddle & Reath, Washington, DCs for defendants.

    Case Number: D68880

    Employee investment plan recordkeeper was not an Employee Retirement Income Security Act fiduciary in setting the fee schedule because it had no existing relationship with the plan or its participants, but had fiduciary duties in preparing regulatory disclosures.

  • Katz v. The Rittenhouse Org., Inc.

    Publication Date: 2020-02-05
    Practice Area: Contractual Disputes
    Industry: Chemicals and Materials | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Bernard Katz, pro se plaintiff.
    for defendant: David B. Anthony, Berger, Harris, LLP, Wilmington, DE for defendant.

    Case Number: D68866

    The court referred this matter to arbitration, because a valid arbitration clause existed and the parties' dispute fell within the scope of that provision.

  • Ophrys, LLC v. OneMain Fin., Inc.

    Publication Date: 2020-02-05
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Neal J. Levitsky, Seth A. Niederman and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE; Spencer Hall, Spencer Hall PLLC, Seattle, WA for plaintiff.
    for defendant: Stacey A. Scrivani and Joseph Wolfson, Stevens & Lee, P.C., Wilmington, DE and Philadelphia, PA for defendants.

    Case Number: D68868

    A party waived the right to seek relief for a contractual breach because it did not strictly comply with the notice requirements set forth in the parties' agreement.