• Foote v. Mehrotra

    Publication Date: 2023-11-13
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Manufacturing | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-00169

    Court dismissed claim of misleading proxy statements where allegedly false statements about company's commitment to workforce diversity were non-actionable, aspirational puffery that was immaterial to the investing public.

  • Menzies v. Seyfath Shaw LLP

    Publication Date: 2023-11-06
    Practice Area: Tax
    Industry: Financial Services and Banking | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Daniel Charles Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for plaintiff.
    for defendant: Jennifer Marie Kinkus, William Edward Gamgort, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for defendants.

    Case Number: 1:21-cv-00249-SB

    Breach of fiduciary duty claim was untimely under statute of limitations where plaintiff was on inquiry notice of his claim no later than his receipt of an IRS audit notice investigating transactions involving defendant.

  • Beeney v. FCA US LLC

    Publication Date: 2023-11-06
    Practice Area: Consumer Protection
    Industry: Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Hughes
    Attorneys: For plaintiff: Ian Connor Bifferato, The Bifferato Firm, Wilmington, DE; Rosemary M. Rivas, David Stein, Kyla J. Gibboney, Gibbs Law Group LLP, Oakland, CA; William H. Anderson, Handley Farah & Anderson PLLC, Boulder, CO; Rebecca P. Chang, Handley Farah & Anderson PLLC, New York, NY; Simon Wiener, Handley Farah & Anderson PLLC, Boston, MA; Jon M. Herskowitz, Baron & Herskowitz, Miami, FL for plaintiffs.
    for defendant: Patrick M. Brannigan, Jessica L. Reno, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Stephen A. D’Aunoy, Scott H. Morgan, Thompson Coburn LLP, St. Louis, MO for defendant.

    Case Number: 22-00518-TMH

    Vehicle purchasers' claims arising from manufacturers destination charge practices failed where federal law only required vehicle window stickers to list the price charged by a manufacturer to a dealer to ship vehicles from the factory to the dealer lot and there was no evidence that allegedly inflated destination charges caused consumers to pay more for vehicles as ultimate purchase prices were set by dealerships.

  • Cahill v. Air Med. Group Holdings, Inc.

    Publication Date: 2023-10-30
    Practice Area: Mergers and Acquisitions
    Industry: Transportation
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-679-WCB

    Plaintiff's claim for insurance proceeds was not necessarily barred by contractual limitations period on indemnification claim where plaintiff asserted that the proceeds constituted retained property that defendant had an ongoing obligation to turn over after closing.

  • Isaac v. Cable News Network, Inc.

    Publication Date: 2023-10-30
    Practice Area: Litigation
    Industry: Federal Government | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE; Brian R. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
    for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department Of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Gurney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansky, Winston & Strawn LLP, New York, NY for defendants.

    Case Number: 23-247 (MN)

    Applying the four factors enumerated in Pioneer, the court determined that plaintiff's counsel's late filing of an opposition to a motion to dismiss due to his mis-reliance on the rules was not "excusable neglect" and denied his motion to reconsider the court's decision granting the motion to dismiss.

  • Law Journal Press | Digital Book

    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

    View this Book

    View more book results for the query "*"

  • Harris-Williams v. Am. Freight Outlet Stores, LLC

    Publication Date: 2023-10-23
    Practice Area: Premises Liability
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Michael P. Minuti, McCann Dillon Jaffe & Lamb, LLC, Wilmington, DE; Gardenia L. Brooman, Verlin & Brooman, LLC, Bala Cynwyd, PA for plaintiff.
    for defendant: William R. Adams, Dickie McCamey & Chilcote, Wilmington, DE; Sean T. Stadelman, Stephen A. Sheinen, Goldberg Segalla LLP, Philadelphia, PA for defendants.

    Case Number: 22-76-SRF

    Injured decedent's interrogatory responses were admissible under the residual hearsay exception as they were sufficiently trustworthy due to being made under penalty of perjury and were corroborated by other evidence.

  • Webb v. Bank of America

    Publication Date: 2023-10-23
    Practice Area: Personal Injury
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: David Q. Webb, pro se plaintiff.
    for defendant:

    Case Number: 22-670-GBW

    The court dismissed plaintiff's second amended complaint for failure to state a claim under the screening provision where he essentially asserted identical allegations as in the amended complaint and had therefore failed to remedy the deficiencies outlined by the court.

  • Martin v. State of Delaware

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge LeGrow
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford IV, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: 112, 2021

    The Delaware Supreme Court held that a postconviction petition will not be mooted by a defendant's completion of his sentence after the petition is filed if the defendant pleads that there are continuing collateral consequences arising from the conviction.

  • Gemedy Inc. v. The Carlyle Group Inc.

    Publication Date: 2023-10-16
    Practice Area: Intellectual Property
    Industry: E-Commerce | Investments and Investment Advisory | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Comrie Barr Flinn, Alberto E. Chavez, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE; Mark L. D. Wawro, Max L. Tribble, Susman Godfrey, LLP, Houston, TX; Tamar Lusztig, Susman Godfrey, LLP, New York, NY for plaintiff.
    for defendant: Jack B. Blumenfeld, Alexandra M. Cumings, Ryan D. Stottmann, William M. Lafferty, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; Kevin P.B. Johnson, Quinn Emanuel Urquhart & Sullivan, LLP, Redwood Shores, CA; Patrick D. Curran, Quinn Emanuel Urquhart & Sullivan, LLP, Boston, MA for defendants.

    Case Number: 23-157-CFC

    Defendants could remove case under federal officer removal statute by alleging that it had acquired the right to use plaintiff's intellectual property via federal government contracts after the government allegedly obtained "unlimited right" to the intellectual property.

  • Emerson Radio Corp. v. Emerson Quiet Kool Co. LTD

    Publication Date: 2023-10-16
    Practice Area: Trademarks
    Industry: Electronics | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE; Mark H. Anania, Stevens & Lee, P.C., Lawrenceville, NJ; Bobby Ghajar, Cooley LLP, Santa Monica, CA for plaintiff.
    for defendant: Timothy Devlin, Clifford Chad Henson, Devlin Law Firm LLC, Wilmington, DE for defendants.

    Case Number: 20-1652-GBW

    Finding that defendants had intentionally misled buyers and had made false representations about defendants' association with plaintiff, and that defendants had engaged in a pattern of delay and lack of representation, the court concluded that the case was exceptional both on the merits and because of the unreasonable manner in which defendants had litigated the case.