• Burroughs v. Metzger

    Publication Date: 2018-12-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Marvin S. Burroughs, pro se petitioner
    for defendant: Kathryn Joy Garrison, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.

    Case Number: D68376

    Federal habeas petition dismissed where claim of ineffective assistance of post-conviction counsel not cognizable where there was no constitutional right to counsel in collateral proceedings and where the petition was filed outside the limitations period.

  • Drummond v. Amazon.com

    Publication Date: 2018-11-14
    Practice Area: Civil Rights | 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: Justin K. Victor of Morgan Lewis & Bockius LLP, Wilmington, DE, attorney for defendant.

    Case Number: D68350

    Hostile work environment claim dismissed where plaintiff failed to establish how two alleged incidents were connected to her gender or race, where those incidents were not severe or pervasive, and where employer provided plaintiff with means to report such incidents and took remedial action in response to plaintiff's reports.

  • Fahmy v. Delaware Dep't of Correction

    Publication Date: 2018-11-07
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68346

    An inmate who was proceeding pro se was not entitled to counsel in this civil rights proceeding.

  • Int'l Constr. Prod. LLC v. Caterpillar Inc.

    Publication Date: 2018-10-17
    Practice Area: Business Torts | Discovery
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: John W. Shaw, Nathan R. Hoeschen, David Boies, James P. Denvir, Amy J. Mauser, Christopher G. Renner and J. Wells Harrell for plaintiff
    for defendant: David J. Baldwin, Ryan C. Cicoski, Robert G. Abrams, Gregory J. Commins, Jr., Danyll W. Foix and Carey S. Busen for defendants.

    Case Number: D68321

    Although the pleading deadline in the scheduling order had expired, the court determined plaintiff made a showing of good cause because defendants delayed in providing discovery.

  • Temsa Ulasim Araclari Sanayi Ve Ticaret A.S. v. CH Bus Sales, LLC

    Publication Date: 2018-09-19
    Practice Area: Contractual Disputes
    Industry: Automotive
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68292

    The court granted a motion for a temporary restraining order granted, in part, but held the motion for a pre-liminary injunction in abeyance.

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  • United States of America v. Gibson

    Publication Date: 2018-09-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Robert F. Kravetz, Lesley F. Wolf and Jamie M. McCall for the government
    for defendant: John S. Malik, Keneth M. Breen and John P. Nowak for defendant Gibson; Michael P. Kelly, Steven P. Wood, Geoffrey N. Rosamond and Andrew M. Lawler for defendant Harra; David Wilks, R. Stokes Nolte, Andrea S. Brooks and Thomas A. Foley for defendant North; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, Henry Klingeman and Helen Nau for defendant Rakowski.

    Case Number: D68293

    Sufficient evidence supported the jury's verdict that defendants violated various banking and securities laws.

  • Acceleration Bay LLC v. Activision Blizzard, Inc.

    Publication Date: 2018-09-12
    Practice Area: Expert Witnesses | Intellectual Property | Patent Litigation
    Industry: E-Commerce | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon, LLP, Wilmington, DE; Paul J. Andre, Lisa Kobialka, Kramer Levin Naftalis & Frankel LLP, Menlo Park, CA; Aaron M. Frankel, Kramer Levin Naftalis & Frankel LLP, New York, NY, attorneys for plaintiff
    for defendant: Jack B. Blumenfeld, Stephen J. Kraftschik, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Michael A. Tomasulo, Gino Cheng, David K. Lin, Joe S. Netikosol, Winston & Strawn LLP, Los Angeles, CA; David P. Enzminger, Louis L. Campbell, Winston & Strawn LLP, Menlo Park, CA; Dan K. Webb, Kathleen B. Barry, Winston & Strawn LLP, Chicago, IL; Krista M. Enns, Winston & Strawn LLP, San Francisco, CA; Michael M. Murray, Anup K. Misra, Winston & Strawn LLP, New York, NY; Andrew R. Sommer, Thomas M. Dunham, Michael Woods, Paul N. Harold, Joseph S. Masullo, Winston & Strawn LLP, Washington, DC, attorneys for defendants.

    Case Number: D68278

    Defendant granted summary judgment of non-infringement where sale of game software did not amount to "making, using, or selling" accused game network.

  • Hamer v. Navient Corp.

    Publication Date: 2018-09-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Education | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: NA
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE, for defendant

    Case Number: D68275

    In this student loans matter, plaintiff failed to adequately allege the status of the debts, as well as whether defendant quali-fied as a "debt collector."

  • AVM Tech., LLC v. Intel Corp.

    Publication Date: 2018-08-29
    Practice Area: Patent Litigation
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68263

    Plaintiff's motion for judgment as a matter of law or for new trial on the issue of infringement denied where defendant had not introduced "design goals" as part of an intent defense but rather on the issue of damages.

  • Miller v. Bear Stearns & Co., Inc.

    Publication Date: 2018-08-29
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: John T. Carroll, Barry M. Klayman, Steven M. Coren, David M. DeVito for appellant
    for defendant: William P. Bowden, Karen B. Skomorucha Owens, Andrew W. Stern, James O. Heyworth and Francesca E. Brody for appellees.

    Case Number: D68267

    A creditor's auction of securities complied with the bankruptcy code, and limitations contained in a safe har-bor provision did not apply to this matter because the creditor did not seek damages.