• United States v. United States Sugar Corp.

    Publication Date: 2022-10-11
    Practice Area: Antitrust
    Industry: Federal Government | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Laura Hatcher, Shamoor Anis, United States Attorney’s Office, Wilmington, DE; Brian Hanna, Jonathan Y. Mincer, Jenigh Garrett, Jill Ptacek, United States Department of Justice, Washington, DC for plaintiff.
    for defendant: Jack Blumenfeld, Brian Egan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence Buterman, Latham & Watkins LLP, New York, NY; Amanda Reeves, Latham & Watkins LLP, Washington, DC; Elyse M. Greenwald, Latham & Watkins LLP, Los Angeles, CA; Daniel K. Hogan, Daniel C. Kerrick, Hogan McDaniel, Wilmington, DE; Peter J. Schwingler, Stinson LLP, Minneapolis, MN; Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Amanda L. Wait, Vic Domen, Norton Rose Fulbright US LLP, Washington, DC; Darryl Wade Anderson, Norton Rose Fulbright US LLP, Houston, TX; Christine A. Varney, David R. Marriott, Peter T. Parbur, Timothy G. Cameron, Cravath, Swaine & Moore LLP, New York, NY for defendants.

    Case Number: 21-1644 (MN)

    Court denied a request by plaintiff to enjoin an acquisition of a sugar company the Government argued would result in a monopoly of the sugar market in the southeastern United States. The court reviewed evidence from trial noting that the markets for industrial consumers were different from retail consumers, thus broadening the base and the market. The court further found that plaintiff's argument was undermined by the fact that they control the sugar supply within the United States.

  • Rigby v. Jennings

    Publication Date: 2022-10-11
    Practice Area: Constitutional Law
    Industry: Consumer Products | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Bradley P. Lehman, Gellert Scali Busenkell & Brown LLC, Wilmington, DE; Edward Paltzik, Joshpe Mooney Paltzik LLP, New York, NY for plaintiffs.
    for defendant: Patricia A. Davis, Kenneth L. Wan, Andrew R. Fletcher, Deputy Attorneys General, State of Delaware, Department of Justice, Wilmington, DE for defendant.

    Case Number: 21-1523 (MN)

    Plaintiffs were granted preliminary injunctive relief on state criminal laws that prohibited the manufacture and possession of unserialized firearms and firearm components when such firearms and components were lawfully acquired and manufactured by individuals, as such restrictions violated Second Amendment rights.

  • Walley v. Amazon.com, Inc.

    Publication Date: 2022-10-04
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Lynette M. Walley, New Castle, DE, pro se plaintiff.
    for defendant: Jody Barillare, Ann Marie Effingham, Emily C. DeSmedt, Morgan Lewis & Bockius, LLP, Wilmington, DE for defendant.

    Case Number: 21-1498-GBW

    Americans with Disabilities Act discrimination and failure to accommodate claims dismissed where plaintiff failed to allege sufficient facts to support a prima facie case and had improperly pled ADA claims against persons in their individual capacity.

  • Bial-Portela & CA. S.A. v. Alkem Lab. Ltd

    Publication Date: 2022-10-04
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Steven J. Balick, Andrew C. Mayo, Ashby & Geddes, Wilmington, DE; James B. Monroe, Jennifer H. Roscetti, Charles T. Collins-Chase, Lauren J. Dowty, Meredith H. Boerschlein, Ryan V. McDonnell, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC; Jack B. Blumenfeld, Karen A. Jacobs, Jennifer Ying, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiffs.
    for defendant: Benjamin J. Schladweiler, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Aaron F. Barkoff, Alejandro Menchaca, Rajendra A. Chiplunkar, Ben J. Mahon, Ashley M. Ratycz, McAndrews, Held & Malloy, LTD., Chicago, IL for defendant.

    Case Number: 18-304-CFC-CJB

    Court found for defendants in part in a case claiming patent infringement under 35 U.S.C. §271e(2)(A) for a new patent application for medication to treat partial-onset epileptic seizures.

  • Gibbs v. May

    Publication Date: 2022-10-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Myron Gibbs, pro se petitioner.
    for defendant: Matthew C. Bloom, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.

    Case Number: 18-1756-LPS

    Habeas petition dismissed as untimely where the one-year limitations period, as tolled by petitioner's state post-conviction motion, ran out prior to the filing of the petition, and there was no basis to equitably toll the limitations period.

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  • Clark v. Fritzlen

    Publication Date: 2022-10-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jack Enic Clark, Louisa, VA, pro se petitioner
    for defendant: David C. Weiss, United States Attorney, and Dylan J. Steinberg, Assistant United States Attorney, Wilmington, DE for defendant.

    Case Number: 21-1462-CFC

    Petition for habeas relief dismissed where petitioner filed the petition in the wrong district court and failed to name the correct respondent.

  • Bailey v. Tektronix, Inc.

    Publication Date: 2022-09-27
    Practice Area: Mergers and Acquisitions
    Industry: Electronics | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Robert Karl Beste, III, Jason Z. Miller, Smith, Katzenstein, & Jenkins LLP, Wilmington, DE for plaintiff.
    for defendant: Anthony David Raucci, Donna Lynn Culver, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendant.

    Case Number: 21-1268-GBW

    Breach of retention holdback agreement not dismissed where parties' agreement could be reasonably interpreted to define revenue as including sales of any software or hardware products incorporating the acquired company's intellectual property.

  • Verint Americas Inc. v. Fornell

    Publication Date: 2022-09-20
    Practice Area: Contracts
    Industry: Consulting
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian P. Egan, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE for plaintiff.
    for defendant: Margaret M. DiBianca, Jay M. Berger, K.J. Edward Fornell, William D. Cramer, Clark Hill PLC, Wilmington, DE; Sally J. Daugherty, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendants.

    Case Number: 1:21-cv-00674-SB-SRF

    Court requested that the magistrate judge reconsider a motion to dismiss, transfer, and stay a case where the magistrate judge had ruled that the first-filed rule applied.

  • Vermeer v. Univ. of Delaware

    Publication Date: 2022-09-20
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew F. Boyer, Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE; R. Scott Oswald, Adam Augustine Carter, The Employment Law Group, P.C., Washington, DC for plaintiff.
    for defendant: James D. Taylor, Jr., Jessica M. Jones, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.

    Case Number: 21-1500-RGA

    Plaintiff plausibly alleged sex discrimination from denial of tenure where she alleged that university granted tenure to two male applicants while imposing higher qualification standards upon plaintiff than were articulated in the faculty handbook.

  • In Re Ex Parte Application of Sevier

    Publication Date: 2022-09-20
    Practice Area: Family Law
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-mc-80-RGA-SRF

    Court compelled compliance with subpoena served upon Delaware corporation where company's objections were untimely filed and some of the records sought were relevant to applicant's marital property distribution proceedings in a foreign court as applicant's ex-husband was the main shareholder of the corporation.