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Publication Date: 2024-10-15
Practice Area: Bankruptcy
Industry: Chemicals and Materials | Construction | Energy
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Michael J. Joyce, Joyce, LLC, Wilmington, DE; Alicia M. Bendana, Jennifer E. Berriere, Coleman L. Torrans, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA for appellant.
for defendant: Eric M. Sutty, Armstrong Tisdale, LLP, Wilmington, DE; Miles C. Thomas, Miles Thomas Law, LLC, New Orleans, LA for appellee.
Case Number: 21-11226 (CTG)
Bankruptcy court erred in ruling that liquidating trustee could not bring claims against debtor's former parent where liquidating plan allowed trust to pursue claims against "executives," and parent qualified as such as debtor's sole member and manager.
Publication Date: 2024-10-08
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Eric D. Schwartz, Daniel B. Butz, Evanthea Hammer, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Paul Werner, A. Jospeh Jay, III, Sheppard Mullin Richter & Hampton, LLP, Washington, DC; Edward H. Tillinghast, III, Sheppard Mullin Richter & Hampton, LLP, New York, NY for appellant.
for defendant: Jaco R. Kirkham, Stephen J. Astringer, Kobre & Kim LLP, Wilmington, DE; Adam M. Lavine, John G. Conte, Kobre & Kim LLP, New York, NY; Adriana Riviere-Badell, Evelyn Baltodano Sheehan, Kobre & Kim LLP, Miami, FL for appellee.
Case Number: 22-10261 (TMH)
Bankruptcy court appropriately extended automatic stay to foreign main proceeding where permitted by the Bankruptcy Code and under the principles of international comity after the foreign court similarly imposed a stay.
Publication Date: 2024-06-25
Practice Area: Business Torts
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Geoffrey G. Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE; Andrew J. Shapren, Scott C. Oberlander, Buchanan Ingersoll & Rooney PC, Philadelphia, PA for plaintiffs.
for defendant: John P. DiTomo, Courtney L. Kurz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; David G. Hille, Gregory M. Stamer, Erika Murdoch, White & Case LLP, New York, NY for defendant.
Case Number: 23-1262-CFC
Court affirmed FINRA arbitration award, rejecting plaintiffs' arguments in support of their motion to vacate where the award was based on applicable statutory law and a reasonable interpretation of FINRA rules, and where the court lacked authority to reweigh the evidence.
Publication Date: 2024-05-20
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Malik Nasir, Dover, DE, pro se plaintiff.
for defendant:
Case Number: 23-1111-CFC
Plaintiff could not bring Fourth Amendment claim against private business owner or recover damages arising from discovery of incriminating evidence and subsequent criminal prosecution.
Publication Date: 2024-04-29
Practice Area: Damages
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Robert Charles Lewis, Salem, NJ, pro se plaintiff.
for defendant:
Case Number: 23-785-CFC
Court dismissed purported complaint for royalties due to insufficient allegations regarding any agreement for royalty payments or sales that would trigger a royalty obligation.
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Publication Date: 2024-04-22
Practice Area: Securities Litigation
Industry: Retail
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Sara Fuks, The Rosen Law Firm, P.A., New York, NY for plaintiffs.
for defendant: Robert W. Whetzel, Raymond J. DiCamillo, John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Sean M. Berkowitz, Nicholas J. Siciliano, Latham & Watkins LLP, Chicago, IL for defendants.
Case Number: 21-55-CFC
Stockholders failed to adequately plead that securities filings were materially false or misleading where statements adequately conveyed that the company was subject to investigations and securities laws did not require corporations to guess as to the likely outcome of such investigations.
Publication Date: 2024-04-01
Practice Area: Labor Law
Industry: Biotechnology
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, Dover, DE for plaintiff.
for defendant: David B. Anthony, Zachary J. Schnapp, Berger McDermott LLP, Wilmington, DE for defendant.
Case Number: 23-00575-CFC
Claims were time-barred under applicable one-year limitations period to the extent they sought to recover unpaid wages, although promissory estoppel claim seeking reimbursement of relocation costs was timely under the general three-year limitations period.
Publication Date: 2024-04-01
Practice Area: Civil Rights
Industry: Hospitality and Lodging | Legal Services | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff:
for defendant:
Case Number: 21-415-CFC
Plaintiffs' disability discrimination claims failed due to the lack of allegations establishing a causal connection between one plaintiff's' disability and the family's eviction facilitated by state officials.
Publication Date: 2024-03-18
Practice Area: Health Care Law
Industry: Federal Government | Manufacturing | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English LLP, Wilmington, DE; Catherine E. Stetson, Susan M. Cook, Marian Golden, Hogan Lovells US LLP, Washington, DC for plaintiffs.
for defendant: Jacob Laksin, United States Department of Justice, Wilmington, DE; Brian D. Netter, Brian M. Boynton, Michelle R. Bennett, Alexander V. Sverdlov, Stephen M. Pezzi, Christine L. Coogle, Cassandra M. Snyder, United States Department of Justice, Washington, DC for defendants.
Case Number: 23-931-CFC
Drug manufacturer lacked standing to challenge Drug Price Reduction Program and associated guidelines due to the lack of a concrete and imminent injury in fact from the program.
Publication Date: 2024-03-18
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Verlyn-Teresa: Rayfield-Bey, Wilmington, DE, pro se plaintiff.
for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Katherine Randolph Fry, Offit Kurman, P.A., Wilmington, DE; Geoffrey Graham Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE for defendants.
Case Number: 22-1073-CFC
Real Estate Settlement Procedures Act claim failed where qualified written request did not seek servicing information but instead demanded the original, ink-signed note for the mortgage to prove the servicer's right to collect mortgage payments.
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