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Publication Date: 2019-03-20
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE, for plaintiff.
for defendant: Theodore A. Kittila and James G, McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE, for defendant.
Case Number: D68494
Defendant's motion for summary judgment on plaintiff's breach of contract claim denied where the contract terms were ambiguous as to the trigger for payment and where the parties appeared to have differing expectations.
Publication Date: 2019-03-20
Practice Area: Products Liability
Industry: Automotive
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Jeffrey S. Goddess and P. Bradford deLeeuw, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Nicholas A. Migliaccio and Jason S. Rathod, Migliaccio & Rathod LLP, Washington, DC for plaintiff.
for defendant: Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Kathy A. Wisniewski and Stephen A. D'Aunoy, Thompson Coburn LLP, St. Louis, MO for defendants.
Case Number: D68496
Implied warranty claims not dismissed where defendant allegedly engaged in active concealment of defect, which tolled the limitations periods, and where air-outs on the tires on plaintiffs' vehicles established their potentially non-merchantable condition and put defendant on notice when plaintiffs brought their vehicles in for service.
Publication Date: 2019-03-06
Practice Area: Administrative Law | Trademarks
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Barry F. Irwin, Reid P. Huefner and Chris Eggert, Irwin LP, Chicago, IL for plaintiff.
for defendant: David C. Weiss, United States Attorney, Jennifer Hall, Assistant United States Attorney, Wilmington, DE; Mark Lacedonia, Tate Keenan, Office of Chief Counsel, U.S. Customs and Border Protection, De-partment of Homeland Security, Washington, DC for defendants.
Case Number: D68451
The court lacked subjected matter jurisdiction as to forfeiture claims because the agency had discretion in handling such claims, and plaintiff had an alternative remedy.
Publication Date: 2019-02-27
Practice Area: Antitrust
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Richard H. Cross, Jr., Cross & Simon, LLC, Wilmington, DE; Daniel W. Tarpey and Matthew M. Showel, Tarpey Wix LLC, Chicago, IL for plaintiff. Raymond J. DiCamillo, Chad Shandler and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; Steven F. Barley, Marc A. Marinaccio and J. Robert Robertson, Hogan Lovells US LLP, Washington, DC for Laboratory Corp. of America defend-ants.
for defendant: Jody C. Barillare, Eric Kraeutler, Steven A. Reed, R. Brendan Fee, Zachary M. Johns and Alexandra M. Lastowski, Morgan, Lewis & Bockius LLP, Wilmington, DE and Philadelphia, PA for AmeriHealth de-fendants.
Case Number: D68476
Plaintiff lacked standing to assert an antitrust claim and it failed to adequately allege a relevant market.
Publication Date: 2019-02-27
Practice Area: Contracts | Dispute Resolution
Industry: Consumer Products | Distribution and Wholesale
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: James D. Taylor, Jr., Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Robert McHale, McHale Law, Boston, MA for plaintiff.
for defendant: David A. Dorey and Craig N. Haring, Blank Rome LLP, Wilmington, DE; Jason A. Synderman, John Wixted, and Huaou Yan, Blank Rome LLP, Philadelphia, PA for defendants.
Case Number: D68471
Plaintiffs' complaint dismissed in favor of an agreement to arbitrate between the parties, where all of plaintiffs' claims arose from the parties' contract containing an enforceable arbitration clause, which was valid despite naming a non-existent arbitration forum and where defendants had not waived their right to arbitrate before another court.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2019-02-20
Practice Area: Securities Litigation
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Patrick F. Morris, Karen L. Morris and R. Michael Lindsey, Morris and Morris LLC, Wilmington, DE; Ste-ven E. Fineman, Daniel P. Chiplock, Michael J. Miarmi, Richard M. Heimann, Bruce W. Leppla and Sha-ron M. Lee, Liefe Cabraser Heimann & Bernstein, New York, NY for plaintiffs.
for defendant: Kelly E. Farnan, Richards Layton & Finger, P.A., Wilmington, DE; Peter A. Wald, Abid R. Qureshi, Christopher S. Turner and Christopher R. Harris, Latham & Watkins LLP, Washington, DC for Navient Corp. and individual defendants. Kevin G. Abrams and John M. Seaman, Abrams & Bayliss LLP, Wil-mington, DE; Adam S. Hakki, Daniel C. Lewis and Anthony D. Marinello of Shearman & Sterling LLP for underwriter defendants.
Case Number: D68465
Plaintiffs adequately stated claims for securities violations, except with regard to statements that were mere puffery and where plaintiffs failed to demonstrate scienter.
Publication Date: 2019-02-20
Practice Area: Civil Rights | Education Law
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Laura Davis Jones, James I. Stang, and James E. O'Neill, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE; Alexander S. Zalkin and Ryan M. Cohen, The Zalkin Law Firm, P.C., San Diego, CA for plaintiff.
for defendant: James D. Taylor, Jr., Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendants.
Case Number: D68464
Plaintiff's Title IX and equal protection claims were time-barred where her timely allegations merely amounted to continuing ill effects from the original alleged violations and were not continual unlawful affirmative acts by defendants that would support finding plaintiff's claim timely under a continuing violation theory.
Publication Date: 2019-02-13
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: David C. Weiss and Jennifer Lynne Hall, U.S. Attorney's Office, Wilmington, DE for defendants.
for defendant: N/A
Case Number: D68461
The court dismissed plaintiff's complaint under the Federal Tort Claims Act because he failed to show that he exhausted his administrative remedies prior to filing in court.
Publication Date: 2019-01-23
Practice Area: Administrative Law | Evidence
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Gary C. Linarducci, New Castle, DE; Thomas D. Sutton, Leventhal, Sutton & Gornstein, Trevose, PA for plaintiff.
for defendant: Nora Koch and Heather Benderson, Social Security Administration Office of General Counsel, Philadelphia, PA for defendant.
Case Number: D68436
An administrative law judge improperly substituted her opinion for that of plaintiff's treating specialist, and her opinion re-garding plaintiff's medical condition was not based on substantial evidence.
Publication Date: 2019-01-16
Practice Area: Patent Litigation
Industry: Agriculture | Chemicals and Materials | Consumer Products
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Chad S.C. Stover and Regina S.E. Murphy, Barnes & Thornburg LLP, Wilmington, DE; Robert D. Mac-Gill, Lynn C. Tyler, Deborah Pollack-Milgate, Joseph T. Wendt and Jessica M. Lindemann, Barnes & Thornburg LLP, Indianapolis, IN for plaintiff.
for defendant: Frederick L. Cottrell, III, Jeffrey L. Moyer and Nicole K. Pedi of Richards, Layton & Finger, Wilmington, DE; Gerald F. Ivey, John M. Williamson, Anand K. Sharma, Rajeev Gupta, Aidan C. Skoyles, Karthik Kumar and Daniel F. Roland, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC for defendant.
Case Number: D68424
In this patent claim construction matter, the court provided clarification to give meaning to all the claim terms.
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