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Publication Date: 2021-11-23
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Eric Harris, Howard R. Young Correctional Institution, Wilmington, DE, pro se plaintiff.
for defendant: N/A
Case Number: D69619
Although inmate sufficiently pled a serious medical need and defendants' failure to provide care for that need, the court dismissed the complaint on screening when it was unclear as to whether the alleged wrongful conduct occurred within the statute of limitations.
Publication Date: 2021-11-23
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kenneth A. Stafford, Newport, DE, pro se plaintiff.
for defendant: N/A
Case Number: D69621
Court dismissed §1983 claims against state agency pursuant to Eleventh Amendment immunity and against a municipal police department where agencies of municipalities were not cognizable parties in §1983 actions.
Publication Date: 2021-11-02
Practice Area: Patent Litigation
Industry: Electronics
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Michael P. Kelly, Brian R. Lemon, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Gerald F. Ivey, Mareesa A. Frederick, Elizabeth D. Ferrill, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C.; Elliot C. Cook, J. Derek McCorquindale, Alexander M. Boyer, David N. Lefcowitz, Luke H. MacDonald, Joseph M. Schaffner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Reston, VA for plaintiffs.
for defendant: Michael J. Flynn, Andrew M. Moshos, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John C. Hueston, Douglas J. Dixon, Christina V. Rayburn, Sourabh Mishra, Hueston Hennigan LLP, Newport Beach, CA; Christine Woodin, Hueston Hennigan LLP, Los Angeles, CA for defendant.
Case Number: D69597
Because there was an issue of fact in this patent infringement suit as to whether defendant's design and plaintiff's product's design were substantially similar, defendant's motion for summary judgment failed.
Publication Date: 2021-10-13
Practice Area: Securities Litigation
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Gregory Fischer, Cozen O'Connor, Wilmington, DE; Martin S. Bloor, Michael B. de Leeuw, Matthew L. Elkin, Cozen O'Connor, New York, NY for plaintiffs.
for defendant: John Klein, Alpine, New Jersey, pro se defendant.
Case Number: D69566
Plaintiffs proved securities fraud under Section 10(b) and Rule 10b-5 and a violation of N.J.S.A. §49:3-71(a)(2) and common law fraud where defendant committed multiple misrepresentations during the sale of securities.
Publication Date: 2021-10-06
Practice Area: Patent Litigation
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Adam R. Brausa, Timothy C. Saulsbury, Vera Ranieri, Raghav R. Krishnapriyan, Eric C. Wiener, Whitney R. O’Byrne, Durie Tangri LLP, San Francisco, CA; Daniel M. Silver, Alexandra M. Joyce, McCarter & English LLP, Wilmington, DE for plaintiffs.
for defendant: James R. Nuttall, Michael Dockterman, Robert F. Kappers, Tron Fu, Katherine H. Johnson, Steptoe & Johnson LLP, Chicago, IL; Christopher A. Suarez, Steptoe & Johnson LLP, Washington, DC; Timothy Devlin, Robert Kiddie, Devlin Law Firm LLP, Wilmington, DE for defendant.
Case Number: D69565
The court granted portions of the parties' cross-motions on summary judgment in this patent infringement matter, but it denied the parties' motions to limit expert testimony.
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Publication Date: 2021-09-22
Practice Area: Contractual Disputes
Industry: Insurance | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: J. Clayton Athey, Prickett, Jones & Elliott, P.A., Wilmington, DE; Hugh J. Marbury, Ryan P. Bottegal, Cozen O’Connor, Washington, DC; Stuart M.G. Seraina, Baldwin Seraina, Baltimore, MD for plaintiffs.
for defendant: Brian Lemon, McCarter & English, LLP, Wilmington, DE; Scott S. Christie, McCarter & English, LLP, Newark, NJ for defendant.
Case Number: D69545
Significant factual disputes precluded summary judgment in this case involving end user licensing agreements for plaintiffs' software products.
Publication Date: 2021-09-22
Practice Area: Civil Procedure
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Jeffrey S. Cianciulli, Weir & Partners, Wilmington, DE; Walter Weir, Jr., Steven E. Angstreich, Amy R. Brandt, Andrew Park, Weir & Partners, Philadelphia, PA; James Sawyer, Law Office of James Sawyer for Kaveh Askari and Onco360 Holdings parties.
for defendant: Brett D. Fallon, Faergre Drinker Biddle & Reath LLP, Wilmington, DE; Christopher G. Kelly, Stosh M. Silivos, Holland & Knight LLP, New York, NY; Jeremy M. Sternberg, Holland & Knight, LLC, Boston, MA for Pharmacy Corp. of Am.
Case Number: D69546
Plaintiffs did not identify any manifest error in the court's rulings or with respect to the final judgment, so they were not en-titled to amendment of the final judgment or a new trial.
Publication Date: 2021-08-04
Practice Area: Insurance Litigation
Industry: Insurance | Transportation
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE; Ronald P. Schiller, Matthew N. Klebanoff, Daniel P. Kaufman, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for plaintiff.
for defendant: David J. Soldo, Damon B. Ferarra, Morris James LLP, Wilmington, DE; Daniel P. Bennett, Mintzer, Saro-witz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendants.
Case Number: D69491
Plaintiff was entitled to proceed with certain declaratory relief claims, but the court granted a motion to dismiss a claim that sought reformation of an insurance policy to which plaintiff was not a party.
Publication Date: 2021-07-28
Practice Area: Bankruptcy
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: James F. DeBouno, pro se appellant, Voorhees, NJ;
for defendant: Stanley B. Tarr, Blank Rome LLP, Wilmington, DE; David J. Molton, Cameron Moxley, Gerard T. Cicero, Uchechi A. Egeonuigwe, Brown Rudnick LLP, New York, NY for trustee of Takata Airbag Tort Compensation Trust.
Case Number: D69481
The court affirmed a decision by the bankruptcy court which rejected certain claims because debtors did not manufacture the sensor that was responsible for claimants' injuries.
Publication Date: 2021-07-21
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: James D. Taylor, Jr., Charles E. Davis, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; John B. Wolf, Ashman & Stein, Stokie, IL for plaintiff.
for defendant: John A. Sensing, Jesse L. Noa, Potter Anderson & Corroon LLP, Wilmington, DE; Branden P. Moore, McGuire Woods LLP, Pittsburgh, PA for defendants.
Case Number: D69472
Defendants' counterclaims were dismissed where it could not obtain a setoff from its payments to plaintiff for plaintiff's purported breach of the parties' asset purchase agreement where the express terms of the APA did not allow for setoffs.
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