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  • Compagnie des Grands Htels d'Afrique S.A. v. Starwood Capital Group Global I LLC

    Publication Date: 2019-10-16
    Practice Area: Contracts
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68734

    Motion to extend scheduling order deadline denied where moving party failed to demonstrate good cause because it was or should have been cognizant of likely delays in discovery when agreeing to scheduling order deadlines.

  • David and Lily Penn, Inc. v. TruckPro, LLC

    Publication Date: 2019-10-09
    Practice Area: Trademarks
    Industry: Automotive | Distribution and Wholesale
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Thomas J. Francella, Jr., Cozen O’Connor, Wilmington, DE; Camille M. Miller, Melanie A. Miller, and J. Trevor Cloak, Cozen O’Connor, Philadelphia, PA for plaintiff.
    for defendant: Timothy Devlin and James M. Lennon, Devlin Law Group, Wilmington, DE for defendant.
    Case Number: D68728

    Motion to transfer venue denied where plaintiff chose to litigate in state of defendant's incorporation and thus plaintiff's preference was afforded great weight in balance of factors.

  • In re: Chaparral Energy, Inc.

    Publication Date: 2019-10-09
    Practice Area: Bankruptcy
    Industry: Energy | Mining and Resources
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Mark D. Collins and John H. Knight, Richards, Layton & Finger, P.A, Wilmington, DE; Richard A. Levy, Keith A. Simon, and Christopher Harris, Latham & Watkins LLP, New York, NY for appellant.
    for defendant: Seth Niederman, William H. Stassen, and Dana S. Katz, Fox Rothschild LLP, Wilmington, DE for appellees.
    Case Number: D68728

    Bankruptcy court did not abuse discretion to apply Bankruptcy Rule 7023 where it had grounds to find that all potential class members may not have been served with notice of the bar date, that certification would not adversely affect estate administration, and that the class claim would serve a deterrent effect upon the reorganized debtor.

  • Jackson v. Ivens

    Publication Date: 2019-10-09
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Stuart B. Drowos, Department of Justice, Wilmington, DE for state defendants.
    for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston L.L.C., Wilmington, DE for Correctional Medical Services defendants. Karine Sarkisian, White and Williams, Wilmington, DE for defendants.
    Case Number: D68729

    Plaintiff did not file his motion for relief from a judgment within a reasonable time, and he failed to demonstrate that "newly discovered evidence" would have changed the outcome at trial, or that a grave miscarriage of justice occurred.

  • Univar, Inc. v. Greisenberger

    Publication Date: 2019-10-02
    Practice Area: Constitutional Law
    Industry: Chemicals and Materials | Consulting | Distribution and Wholesale
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Michael P. Kelly, David A. White and Matthew J. Rifino, McCarter & English LLP, Wilmington, DE; James G. Ryan and Jameel S. Turner, Bailey Cavalieri LLC, Columbus, OH for plaintiff.
    for defendant: Caroline Lee Cross and Elizabeth R. McFarlan, Delaware Dep’t of Justice, Wilmington, DE; Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan and Robert M. Vrana, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Steven S. Rosenthal, Tiffany R. Moseley and John David Taliaferro, Loeb and Loeb LLC, Washington, DC for defendants.
    Case Number: D68725

    Plaintiff's claims for equal protection and procedural due process violations were ripe for review, but other matters were not yet ripe.

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    Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin

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  • Finom Mgmt. GMBH v. Celerion Holdco, LLC

    Publication Date: 2019-10-02
    Practice Area: Corporate Entities
    Industry: Health Care | Investments and Investment Advisory | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Christopher J. Day, Day Law Group, LLC, Wilmington, DE; Joseph M. Donley, Peter Blume and Christopher M. Brubaker, Clark Hill PLC, Philadelphia, PA for plaintiffs.
    for defendant: Travis S. Hunter, Tyler E. Cragg and Alexandra M. Ewing, Richards Layton & Finger, P.A., Wilmington, DE for defendants.
    Case Number: D68721

    Plaintiffs adequately alleged that defendants engaged in bad faith violations of the parties' redemption agreement, but the court dismissed the remainder of plaintiffs' claim.

  • Gray v. Kirkwood Dental Assoc., P.A.

    Publication Date: 2019-10-02
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michelle D. Allen and Caitlyn E. Quinn, Allen & Assoc., Wilmington, DE for plaintiff.
    for defendant: Kristen S. Swift and Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for defendant.
    Case Number: D68722

    The court granted an employer's motion for summary judgment on two claims by a former employee, but it denied summary judgment on a federal discrimination claim because the employee provided sufficient circumstantial evidence that the employer terminated her for discriminatory reasons due to her age.

  • In re: NewStarcom Holdings, Inc.

    Publication Date: 2019-09-25
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68714

    A bankruptcy trustee's claims for fraudulent transfer did not involve property of a debtor, and the trustee's motion for recon-sideration failed to demonstrate the existence of new evidence or manifest injustice.

  • Wise v. Biowish Tech., Inc.

    Publication Date: 2019-09-25
    Practice Area: Corporate Governance
    Industry: Agriculture | Legal Services | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68717

    Plaintiff failed to adequately allege demand futility in connection with his derivative claims, and the statute of limitations barred one fraud claim.

  • Vectura Ltd. v. GlaxoSmithKline LLC

    Publication Date: 2019-09-25
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kelly E. Farnan and Christine D. Haynes, Richards, Layton & Finger, P.A., Wilmington, DE; Dominick A. Conde, Christopher P. Borello and Damien N. Dombrowski, Venable LLP, New York, NY for plaintiff.
    for defendant: Jack B. Blumenfeld and Jeremy A. Tigan, Morris, Nichols, Arsht & Tunnell LLP,Wilmington, DE; Martin J. Black, Kevin M. Flannery, Robert Ashbrook, Sharon K. Gagliardi, Blake B. Greene and Katherine A. Helm, Dechert LLP, Philadelphia, PA and New York, NY for defendants.
    Case Number: D68716

    The court denied defendants' motion for judgment as a matter of law and alternative motion for a new trial, because the jury's verdict in this patent infringement matter was supported by the evidence.