• Pasquale v. KBR, Inc.

    Publication Date: 2024-01-29
    Practice Area: Labor Law
    Industry: Construction | Energy | Recruitment and Staffing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for plaintiff.
    for defendant: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE; Cecily L. Kaffer, The Kullman Firm, Mobile, AL; Setara C. Ozan, The Kullman Firm, Birmingham, AL for defendants.

    Case Number: 22-1224 (MN)

    Age discrimination/failure-to-hire claim failed under a theory of cat's paw liability where employer relied on more information than the feedback of a potentially biased supervisor to determine that plaintiff lacked the necessary skills and recent work experience.

  • Patel v. Alphabet Inc.

    Publication Date: 2024-01-15
    Practice Area: Consumer Protection
    Industry: E-Commerce | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Raj Patel, Indianapolis, IN, plaintiff pro se.
    for defendant:

    Case Number: 23-797 (MN)

    Court dismissed pro se complaint as unintelligible and barred by res judicata.

  • Hulton v. Artesian Water Co.

    Publication Date: 2024-01-08
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Jennifer Hulton, Lincoln University, PA, plaintiff pro se.
    for defendant: Lauren Elizabeth Moak Russell, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.

    Case Number: 22-1584 (MN)

    Employer was entitled to summary judgment where employee failed to rebut employer's legitimate, performance-based reasons for termination to show that those reasons were a pretext for disability discrimination.

  • Giffing v. Appoquinimink Sch. Dist.

    Publication Date: 2024-01-01
    Practice Area: Personal Injury
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Raeann Warner, Collins, Price & Warner, Wilmington, DE for plaintiff.
    for defendant: Michael P. Stafford, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.

    Case Number: 23-457 (MN)

    Court dismissed state law claims against school district arising from teacher's alleged sexual assaults where plaintiff failed to rebut district's assertion that those state law claims predominated over the single federal law claim asserted against the teacher.

  • Isaac v. Cable News Network, Inc.

    Publication Date: 2023-10-30
    Practice Area: Litigation
    Industry: Federal Government | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE; Brian R. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
    for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department Of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Gurney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansky, Winston & Strawn LLP, New York, NY for defendants.

    Case Number: 23-247 (MN)

    Applying the four factors enumerated in Pioneer, the court determined that plaintiff's counsel's late filing of an opposition to a motion to dismiss due to his mis-reliance on the rules was not "excusable neglect" and denied his motion to reconsider the court's decision granting the motion to dismiss.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Rex Med., L.P. v. Intuitive Surgical, INC.

    Publication Date: 2023-10-02
    Practice Area: Patent Litigation
    Industry: Health Care | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Michael J. Farnan, Brian E. Farnan, Farnan LLP, Wilmington, DE; Erik B. Milch, Cooley LLP, Reston, VA; Allison Elkman, Cooley LLP, Washington, D.C.; Dena Chen, Deepa Kannappan, Cooley LLP, Palo Alto, CA for plaintiff.
    for defendant: Nathan R. Hoeschen, Karen E. Keller, Shaw Keller LLP, Wilmington, DE; George Lombardi, Winston & Strawn LLP, Chicago, IL; Claire A. Fundakowski, Joseph C. Masullo, Winston & Strawn LLP, Washington, D.C.; Kelly C. Hunsaker, Michael Rueckheim, Winston & Strawn LLP, Redwood City, CA; Evan Lewis, Winston & Strawn LLP, Houston, TX for defendants.

    Case Number: 19-005 (MN)

    After crediting the jury's verdict of patent infringement, the court determined that plaintiff had failed to offer any evidence that would serve as a basis for damages and remitted the jury's award to nominal damages of $1.

  • First Wheel Mgmt., Ltd. v. Inventist, Inc.

    Publication Date: 2023-08-07
    Practice Area: Contracts
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Sean T. O’Kelly, Gerard M. O’Rourke, O’Kelly & O’Rourke, LLC, Wilmington, DE for plaintiff.
    for defendant: Andrew C. Mayo, Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; Benjamin J. Hodges, Devra R. Cohen, Foster Garvey PC, Seattle, WA for defendants.

    Case Number: 17-1059 (MN)

    Court struck damages claim for restitution based on breach of contractual obligation to deliver IP where plaintiff's exercise of its option to license the IP meant there was a partial breach at most and plaintiff had retained the benefits of defendants' partial performance.

  • Gaspero v. Kijakazi

    Publication Date: 2023-06-20
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Stephen A. Hampton, Grady & Hampton, Dover, DE; David F. Chermol, Chermol & Fishman, LLC, Philadelphia, PA for plaintiff.
    for defendant: David C. Weiss, United States Attorney, Brian C. O’Donnell, Associate General Counsel, Evelyn Rose Marie Protano, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, Baltimore, MD for defendant.

    Case Number: 22-86 (MN) (JLH)

    Sufficient evidence supported ALJ's determination that plaintiff's combination of medical conditions did not impair him from performing light work that existed in substantial numbers in the national economy, such that plaintiff had residual functional capacity and was not disabled for purposes of SSI.

  • Ecobee, Inc. v. EcoFactor, Inc.

    Publication Date: 2023-06-13
    Practice Area: Patent Litigation
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Thad. J. Bracegirdle, Andrea S. Brooks, Wilks, Lukoff & Bracegirdle LLC, Wilmington, DE for plaintiff.
    for defendant: Jeffrey L. Moyer, Travis S. Hunter, Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE for defendant.

    Case Number: 21-323 (MN)

    Disputed patent terms were not indefinite because a person of ordinary skill in the art would understand their plain and ordinary meaning and how the terms performed the function of the claimed invention.

  • Isaac v. Cable News Network, Inc.

    Publication Date: 2023-04-18
    Practice Area: Personal Injury
    Industry: Federal Government | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE; Brian E. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
    for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren P. Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Burney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansku, Winston & Strawn LLP, New York, NY for defendants.

    Case Number: 23-247 (MN)

    Court substituted the federal government for a defendant member of Congress when the underlying events occurred within the scope of the congressman's duties, which required dismissal of the claims for plaintiff's failure to exhaust his administrative remedies under the Federal Tort Claims Act.