• Huntley v. VBit Tech. Corp.

    Publication Date: 2023-05-23
    Practice Area: Securities Litigation
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1164-CFC-SRF

    Court granted motion for leave to amend securities lawsuit where the motion was made prior to the issuance of a scheduling order and no defendant argued that the amended pleading was futile or would cause them undue prejudice.

  • Thompson v. City of Wilmington

    Publication Date: 2023-05-23
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Donald J. Thompson, III, Wilmington, Delaware, pro se plaintiff.
    for defendant: Caitlyn E. Quinn, Jocelyn N. Pugh, City of Wilmington Law Department for defendant.

    Case Number: 22-44-CFC

    Racial discrimination and retaliation claims were sufficiently pled where plaintiff was the only qualified candidate and was passed over for an unqualified external candidate and the denial of promotion was in close temporal proximity to plaintiff's HR complaint.

  • Shaffer v. Kijakazi

    Publication Date: 2023-05-23
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-628-SRF

    Court issued judgment awarding for Social Security disability insurance benefits rather than remanding for a fourth administrative hearing due to the excessive delay in resolution of the case caused by repeated deficient analysis by the ALJ, when the record evidence supported finding that plaintiff was disabled.

  • MirTech, Inc. v. AgroFresh, Inc.

    Publication Date: 2023-05-16
    Practice Area: Contracts
    Industry: Agriculture | Consulting | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs.
    for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant.

    Case Number: 20-1170-RGA

    Court granted reargument and reconsidered summary judgment motion where it initially decided the motion based on outdated and incorrect information cited by the opposing party.

  • Backertop Licensing LLP v. Canary Connect, Inc.

    Publication Date: 2023-05-16
    Practice Area: Patent Litigation
    Industry: Consumer Products | Electronics
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jimmy C. Chong, Chong Law Firm, PA, Wilmington, DE; Ronald W. Bums, Fresh IP PLC, Frisco, TX for plaintiff.
    for defendant: Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; Mark K. Suri, Hinshaw & Culbertson LLP, Chicago, IL; Jeremy Douglas Anderson, Fish & Richardson, P.C., Wilmington, DE; Ricardo J. Bonilla, Fish & Richardson, P.C., Dallas, TX for defendants.

    Case Number: 22-572-CFC

    Court had jurisdiction to issue memorandum despite plaintiff's motion to voluntarily dismiss, where the purpose of the memorandum was to obtain information for the court concerning whether plaintiff had been fraudulently established to shield real parties-in-interest from liability for bringing potentially frivolous litigation.

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  • O'Hern v. Vida Longevity Fund, LP

    Publication Date: 2023-05-16
    Practice Area: Securities Litigation
    Industry: Insurance | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-402-SRF

    Court granted final approval to a class securities action settlement that provided substantial relief to the class, given the inherent risks that would be faced by taking the case to trial.

  • Ninivaggi v. Univ. of Delaware

    Publication Date: 2023-05-09
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Sarah N. Westcot, Joshua D. Arisohn, Bursor & Fisher, P.A., New York, NY; Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE; Michael L. Vild, Cross & Simon, LLC, Wilmington, DE; Blake G. Abbott, Eric M. Poulin, Roy Willey, Paul Doolittle, Anastopoulo Law Firm, LLC, Charleston, SC for plaintiffs.
    for defendant: James D. Taylor, Jr., Charles E. Davis, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.

    Case Number: 20-cv-1478-SB

    Motion to stay district court proceedings pending appeal of class certification denied where defendant would have an adequate remedy with continued proceedings and was unlikely to prevail in its appeal.

  • Favazza v. Kijakazi

    Publication Date: 2023-05-09
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Gary Linarducci, Linarducci & Butler, PA, New Castle, DE; Karl E. Osterhout, Osterhout Berger Disability Law, Oakmont, PA for plaintiff.
    for defendant: David C. Weiss, United States Attorney, United States Attorney’s Office for the District of Delaware, Wilmington, DE; Brian C. O’Donnell, Regional Counsel, Annie Kernicky, Assistant Regional Counsel, Margaret W. Reed, Special Assistant United States Attorney, Social Security Administration, Philadelphia, PA for defendant.

    Case Number: 21-17-CJB

    ALJ erred in finding that disability applicant possessed a residual functional capacity where the reliable expert testimony did not support the factual findings that applicant was capable of performing manipulative tasks with her hands frequently or sitting for extended periods during the workday.

  • Marquinez v. Dole Food Co. Inc.

    Publication Date: 2023-05-02
    Practice Area: Fee Disputes
    Industry: Agriculture | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 12-cv-695-RGA-SRF

    Plaintiffs moved to allocate in whole or in part the costs of the court-appointed expert witness on Ecuadorian law.

  • Newron Pharm. S.p.A. v. Aurobindo Pharma Ltd.

    Publication Date: 2023-05-02
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Gregory R. Booker, Nitika Gupta Fiorella, Elizabeth M. Flanagan, Sarah E. Jack, Fish & Richardson P.C. for plaintiffs.
    for defendant: Carl D. Neff, Gurpreet Singh Walia, M.D., Esq., Gary Ji, Gurpreet S. Walia, FisherBroyles, LLP; Kenneth L. Dorsney, Cortlan S. Hitch, Morris James LLP; Timothy H. Kratz, George J. Barry III, Kratz & Barry LLP; Stamatios Stamoulis, Richard C. Weinblatt, Stamoulis & Weinblatt LLC; Shashank Upadhye, Brent Batzer, Yixin Tang, Upadhye Tang LLP; Benjamin J. Schladweiler, Renee Mosley Delcollo, Greenberg Traurig, LLP; Dmitry V. Shelhoff, Ph.D., Edward D. Pergament, Kenneth S. Canfield, Julia S. Kim, Pergament & Cepeda LLP for defendants.

    Case Number: 21-843-GBW

    Court rejected defendants' assertion of indefiniteness of disputed terms in claim construction, where the intrinsic record and prosecution history of the patents-in-suit provided objective boundaries that would inform a person of ordinary skill in the art about the scope of the patent claims, so the court adopted plaintiffs' proposed constructions after defendants declined to offer competing instructions or present any evidence regarding what they believed a person of ordinary skill in the art would understand the disputed terms to me