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Publication Date: 2019-09-11
Practice Area: Labor Law
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Tia Drummond, Newark, DE, pro se plaintiff.
for defendant: Jody Barillare, Morgan Lewis & Bockius LLP, Wilmington, DE, attorney for defendant.
Case Number: D68694
Plaintiff's motion for leave to amend denied where court had dismissed plaintiff's complaint and terminated the case and where plaintiff had not first filed a motion to open the judgment.
Publication Date: 2019-09-04
Practice Area: Patent Litigation
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kenneth Dorsney, Morris James LLP, Wilmington, DE, Ian R. Liston, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE, James C. Yoon, Ryan R. Smith, Christopher D. Mays, and Mary A. Procaccio-Flowers, Wilson Sonsini Goodrich & Rosati, P.C., Palo Alto, CA for plaintiffs.
for defendant: Jack B. Blumenfeld and Stephen J. Kraftschik, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Erik B. Milch, Frank Pietrantonio, and Dustin Knight, Cooley LLP, Reston, VA, Rose Whelan, Lisa Fuller Schweir, and Naina Soni, Cooley LLP, Washington, DC for defendant.
Case Number: D68686
Court did not erroneously construe software limitation as a means-plus-function term where the word "means" was absent from the claim and where the claim as a whole failed to connote sufficient structure to a POSA.
Publication Date: 2019-09-04
Practice Area: Landlord Tenant Law
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Roberta Crawford, Wilmington, DE, pro se plaintiff.
for defendant: Colleen K. Norris and Mary A. Jacobson, New Castle County Law Department, New Castle, DE, Barry M. Willoughby and Laure Elizabeth Moak Russell, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for defendants.
Case Number: D68688
Termination of Section 8 housing voucher proper where it was not based on a policy or custom leading to a constitutional violation and where recipient had apparent actual notice of the termination hearing.
Publication Date: 2019-09-04
Practice Area: Civil Rights
Industry: Real Estate | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kevin J. Connors and Artemio C. Aranilla, II, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defend-ants.
for defendant: N/A
Case Number: D68689
A pending state court proceeding encompassed the same issues plaintiff raised in this federal district court proceeding, so the federal court granted a motion to dismiss under the abstention doctrine.
Publication Date: 2019-08-28
Practice Area: Creditors' and Debtors' Rights
Industry: Education | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Georkeshia Denise Campbell, Lancaster, CA, pro se plaintiff.
for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant Navient Corporation. David C. Weiss, United States Attorney, and Jesse S. Wenger, Assistant United States Attorney, Wilmington, DE for defendant United States Department of Education.
Case Number: D68679
Constitutional and civil rights claims against the Department of Education and a student loan servicer failed where there was no basis to waive the department's sovereign immunity and the loan servicer was not a state actor and was not alleged to have acted in a discriminatory matter.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2019-07-03
Practice Area: Expert Witnesses | Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kelly E. Farnan and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; Lawrence J. Gotts, Saswat Mis-ra, Kevin L. Mallen and Gabriel S. Gross, Latham & Watkins LLP, Washington, DC, New York, NY, and Menlo Park, CA; Stephanie N. Solomon, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; David S. Benyacar and Daniel L. Reisner, Arnold & Porter Kaye Scholer LLP, New York, NY for plaintiff.
for defendant: Shanti M. Katona and Christina M. Belitz, Polsinelli PC, Wilmington, DE; Robert Reckers, David Morehan, Christine A. Guas-tello, Jordan T. Bergsten, Colman D. McCarthy and Thomas M. Patton, Shook, Hardy & Bacon LLP, Houston, TX and Kansas City, MO for defendants.
Case Number: D68620
The court granted several aspects of the parties' various motions to limit expert testimony where the experts did not tie their opinions to the facts of the case.
Publication Date: 2019-07-03
Practice Area: Labor Law
Industry: Transportation
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: David B. Anthony, Berger Harris LLP, Wilmington, DE; Sean A. Meluney, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE for plaintiff
for defendant: Lindsay M. Neinast and Alison N. Davis, Littler Mendelson P.C., Washington, DC for defendant.
Case Number: D68614
Gender discrimination, retaliation, and termination claims dismissed on summary judgment where plaintiff failed to demonstrate that employer's proffered reasons were pretextual.
Publication Date: 2019-07-03
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Jermaine Greene, Wilmington, DE, pro se plaintiff
for defendant: Joseph Clement Handlon, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendant.
Case Number: D68616
Dismissal of inmate's civil rights complaint warranted for failure to prosecute where plaintiff had taken no action in the case for over a year, had failed to advise the court of his transfers, failed to respond to the motion to dismiss, and appeared to lack a meritorious claim.
Publication Date: 2019-06-19
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Paul A. Fahmy, Smyrna, DE, pro se plaintiff
for defendant: N/A
Case Number: D68599
Plaintiff inmate's §1983 claims dismissed where he was granted a disciplinary hearing on his charges and where plaintiff received medical treatment for his injuries, failing to identify any officials who were responsible for the alleged delay in treatment.
Publication Date: 2019-06-05
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Daniel M. Silver, Hayley J. Reese and Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE for plaintiff
for defendant: Ryan P. Connell, Delaware Dep't of Justice, Wilmington, DE for defendants
Case Number: D68586
Factual issues precluded summary judgment on an inmate's claims regarding a religious diet and congregational worship, but the inmate failed to exhaust his administrative remedies on his claim involving religious objects.
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