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Publication Date: 2018-05-02
Practice Area: Bankruptcy | Native American Law
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff:
for defendant:
Case Number: D68120
Bankruptcy code did not abrogate Native American tribal sovereign immunity, where there was no express reference to Indian or Native American tribes in the bankruptcy codes immunity waiver provision.
Publication Date: 2018-04-25
Practice Area: Contracts | Trademarks
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Douglas E. McCann and Jeremy D. Anderson, Fish & Richardson, P.C., Wilmington, DE; Dean T. Fournaris, John M. Doroghazi, and Jacob A. Sand, Wiggin and Dana LLP, Philadelphia, PA, attorneys for plaintiff
for defendant: Gary E. Junge, Schmittinger & Rodriguez, P.A., Newark, DE; Christopher P. Coval, Fenningham, Dempster & Coval, LLP, Trevose, PA, attorneys for defendants.
Case Number: D68119
Preliminary injunction denied where plaintiff had not proven defendants likely breach of non-compete covenants would continue or could not be fully remedied through monetary damages.
Publication Date: 2018-04-25
Practice Area: Patent Litigation
Industry: Chemicals and Materials
Court: U.S. District Court of Delaware
Judge: District Judge Hillman
Attorneys: For plaintiff: Eric James Evain, Grant & Eisenhofer, P.A., Wilmington, DE; R. Eric Hutz, Rudolph E. Hutz, and Ryan P. Cox, Reed Smith LLP, Wilmington, DE, attorneys for plaintiff
for defendant: Jack B. Blumenfeld and Thomas C. Grimm, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, attorneys for defendant.
Case Number: D68118
Jury verdict in favor of defendant on issue of willfulness proper where record contained sufficient evidence for jury to conclude defendant did not discover adverse nature of plaintiffs patent during the period of its infringement.
Publication Date: 2018-04-25
Practice Area: Bankruptcy | Native American Law
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff:
for defendant:
Case Number: D68120
Bankruptcy code did not abrogate Native American tribal sovereign immunity, where there was no express reference to Indian or Native American tribes in the bankruptcy codes immunity waiver provision.
Publication Date: 2018-04-18
Practice Area: Civil Rights | Judges
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Sleet
Attorneys: For plaintiff:
for defendant:
Case Number: D68111
Judicial officers entitled to absolute immunity for rulings where there was no allegation officers acted outside of judicial function or jurisdiction.
Law Journal Press | Digital Book
Authors: Denis R. Caron, Geoffrey K. Milne, Andrew P. Barsom
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Publication Date: 2018-04-18
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Sleet
Attorneys: For plaintiff:
for defendant:
Case Number: D68115
An inmate was not entitled to release from confinement as a remedy in a civil rights proceeding, and state ac-tors were immune from liability.
Publication Date: 2018-04-11
Practice Area: Employment Litigation | Personal Injury
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Dean A. Campbell for plaintiffs
for defendant: Gregory D. Stewart for defendants.
Case Number: D68108
A former employee was entitled to relief on her claim for breach of fiduciary duty because the employer did not allege an assignment of her incentive benefits, but her claim for interference with business relations was in-sufficient.
Publication Date: 2018-04-11
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Jack Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Gary H. Levin, Stephanie M. Papastephanou, Timothy J. Doyle, and Samuel A. McMahon, Baker Hostetler LLP, Philadelphia, PA; Irene H. Hudson, Baker Hostetler LLP, New York, NY, attorneys for plaintiffs
for defendant: John W. Shaw, Karen E. Keller, and David M. Fry, Shaw Keller LLP, Wilmington, DE, attorneys for defendant.
Case Number: D68102
Infringement claim under doctrine of equivalents not precluded where patent claim was comprising and did not exclude compositions not explicitly claimed in the specification.
Publication Date: 2018-04-04
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff:
for defendant:
Case Number: D68098
The committee of unsecured creditors automatically dissolved once the bankruptcy court converted the case from a chapter 11 proceeding to one under chapter 7.
Publication Date: 2018-03-28
Practice Area: Patent Litigation
Industry: Hardware
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: John G. Day and Andrew C. Mayo, Ashby & Geddes, Wilmington, DE; Blair M. Jacobs, Christina A. Ondrick, and Patrick J. Stafford, Paul Hastings LLP, Washington, DC, attorneys for plaintiffs
for defendant: Joseph B. Warden, Fish & Richardson, P.C., Wilmington, DE; Frank E. Scherkenbach, Fish & Richardson, P.C., Boston, MA; Howard G. Pollack and Michael R. Headly, Fish & Richardson, P.C., Redwood City, CA, attorneys for defendant.
Case Number: D68087
Final judgment denied where jury instruction overruled on appeal of related case between the parties, such that the potential for the jury to reach a different result with correct instructions meant that the instructions were plain error and necessitated a new trial.
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