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  • 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.

  • Miller v. Del-One Fed. Credit Union

    Publication Date: 2022-08-09
    Practice Area: Banking and Finance Laws
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: David W. deBruin, Napoli Shkolnik LLC, Wilmington, DE; Elaine S. Kusel, Sherief Morsy, McCune Wright Arevalo, LLP, Newark, NJ for plaintiff.
    for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.
    Case Number: D69913

    Bank violated federal regulations governing overdraft policy notices where bank used template language in the regulation, which may not accurately describe bank's specific overdraft policy.

  • Enigwe v. Amazon.com Servs., LLC

    Publication Date: 2022-07-26
    Practice Area: Copyrights
    Industry: E-Commerce | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Ifedoo Enigwe, Philadelphia, PA, pro se plaintiff.
    for defendant: Brandon Ryan Harper, Potter Anderson & Corroon LLP, Wilmington, DE; Craig E. Pinkus, Philip Zimmerly, Bose McKinney & Evans LLP, Indianapolis, IN; Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; Nicholas D. Mozal, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.
    Case Number: D69896

    Although plaintiff alleged plausible copyright infringement claim pursuant to his original agreement with his publisher, the applicability of a later settlement between plaintiff and publisher had to be resolved by an Indiana court pursuant to the settlement's forum selection clause.

  • White Winston Select Asset Funds, LLC v. Good Times Rest., Inc.

    Publication Date: 2022-06-07
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69842

    Letter of intent merely binding the parties to negotiate in good faith without any binding agreement on key terms of final agreement only entitled purchasing party to reliance damages.

  • Acuity Brands Lighting, Inc. v. Smitreski

    Publication Date: 2022-05-10
    Practice Area: Contracts
    Industry: Consumer Products | Distribution and Wholesale
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Andrew Lynch Cole, Cole Schotz P.C., Wilmington, DE; Ivan R. Novich, Tyler A. Sims, Littler Mendelson P.C., Newark, NJ for plaintiff.
    for defendant: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; David Phillip Primack, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Eric J. Schreiner, Lorena E. Ahumada, Kleinbard LLC, Philadelphia, PA for defendants.
    Case Number: D69810

    The court found that because the plain text of the forum-selection clause did not force defendant to litigate in Chancery Court, he could consent to removal of the case from Chancery Court to District Court.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Valentin v. Wysock

    Publication Date: 2022-05-10
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Katherine Butler, Law Offices of Kate Butler, Esq., Wilmington, DE for plaintiffs.
    for defendant: Shae Lyn Chasanov, Tybout Redfearn & Pell, Wilmington, DE; Nicholas Jaison Brannick, New Castle County Law Department, New Castle, DE for defendants.
    Case Number: D69813

    Motion for leave to amend denied where claims against a new defendant were untimely, as the relation back doctrine did not apply because there was no mistake of identity or fact that prevented the defendant from being timely named as a party.

  • Schuetze, Inc. v. Utilligent, LLC

    Publication Date: 2022-04-19
    Practice Area: Contracts
    Industry: Consulting
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: David B. Anthony, Peter C. McGivney, Berger Harris, LLP, Wilmington, DE; Brian Hansen, Clayton O. Knowles, Adams and Reese LLP, Atlanta, GA for plaintiff.
    for defendant: Robert A. Penza, Joseph C. Sharp, Stephen J. Kraftschik, Polsinelli PC, Wilmington, DE for defendant.
    Case Number: D69788

    The court held that plaintiff failed to state a claim for either fraud or breach of implied covenant.

  • Registered Agent Solutions, Inc. v. Corp. Serv. Co.

    Publication Date: 2022-04-19
    Practice Area: Business Torts
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Kristina D. McKenna, Sheryl Koval Garko, Ryan C. Wooten, Shayan Said, Orrick, Herrington & Sutcliffe LLP, Boston, MA, Houston, TX, San Francisco, CA for plaintiff.
    for defendant: Jonathan A. Choa, Daniel Rusk, Potter Anderson & Corroon, LLP, Wilmington, DE; Eric M. Fishman, Jay. D. Dealy, Max. A. Winograd, Pillsbury Winthrop Shaw Pittman LLP, New York, NY for defendant.
    Case Number: D69787

    The court held the claim under the Lanham Act was governed by F.R.C.P. 9 that required the plaintiff to plead fraud with heightened specificity.

  • Innovate 2 Corp. v. Motorsport Games Inc.

    Publication Date: 2022-04-12
    Practice Area: Securities Litigation
    Industry: Entertainment and Leisure | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Joseph Benedict Cicero, Aidan T. Hamilton, Gregory Erich Stuhlman, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Matthew J. Reynolds, Sara G. Wilcox, Huth Reynolds LLP, New York, NY & Denver, CO; Ned C. Weinberger, Labaton Sucharow LLP, Wilmington, DE for plaintiffs.
    for defendant: Daniel A. O’Brien, Brian L. Schwalb, Venable LLP, Wilmington, DE for defendants.
    Case Number: D69779

    Minority stockholders plausibly alleged that controlling shareholder used insider knowledge to mislead the minority stockholders into being bought out for an unfair price where the now wholly owned company represented almost all the attributed value of the controlling shareholder, which soon after went public for a much higher price than the minority stockholders sold out for.

  • Elemica Inc. v. ecMarket Inc.

    Publication Date: 2022-04-12
    Practice Area: Business Torts
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: John David Simmons, Panitch Schwarze Belisario & Nadel LLP, Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi, Megan E. O'Connor, K&L Gates LLP, Wilmington, De; John Ambrogi, Richard Saldinger, Latimer LeVay Fyock LLC, Chicago, IL for defendant.
    Case Number: D69778

    The court allowed plaintiff to amend its complaint for violation of trade secrets law and deceptive trade practices claims.