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Publication Date: 2022-01-11
Practice Area: Civil Procedure
Industry: Aerospace | E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: R. Touhe, Myer, Kratz & Berry, LLP, Wilmington, DE; R. David Donoghue, Anthony J. Fuga, Lisa M. Kpor, Holland & Knight, LLP, Chicago, IL for plaintiff.
for defendant: Jeffrey L. Moyer, Valerie A. Caras, Richards, Layton, Finger, PA, Wilmington, DE; John H. Hemann, Kathleen Hartnett, Lauren Pomeroy Cooley LLP, San Francisco, CA for defendant.
Case Number: D69674
The court held that the public and private interest factors involved in this forum non conveniens analysis did not tip in de-fendants' favor to overcome the slight deference to plaintiff's choice of forum where sources of proof were in Connecticut and there was no evidence of unwilling witnesses outside of the district that would present a compulsory process issue.
Publication Date: 2021-11-16
Practice Area: Contractual Disputes
Industry: Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Karen E. Keller, Jeff Castellano, Shaw Keller LLP, Wilmington, DE; Bijal Vakil, Jeremy T. Elman, White & Case LLP, Palo Alto, CA for plaintiff.
for defendant: Jack B. Blumenfeld, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John S. Letchinger, Baker & Hostetler LLP, Chicago, IL, Jared A. Brandyberry, Baker & Hostetler LLP, Denver, CO for defendants.
Case Number: D69610
The court held that 1) plaintiff established personal jurisdiction over defendant Singapore Telecommunications Limited, or Singtel, as to the breach of contract claim by virtue of Singtel' s consent to the forum selection clause, 2) plaintiff failed to establish personal jurisdiction over Singtel as to the patent infringement claim and 3) Singtel established good cause to stay plaintiff's breach of contract claim against it.
Publication Date: 2021-11-16
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: David C. Weiss, Maureen McCartney, Jesse S. Wenger, Christopher L. de Barrena-Sarobe, U.S. Attorney's Office, District of Delaware, Wilmington, DE for plaintiff.
for defendant: Edson A. Bostic, The Bostic Law Firm, Philadelphia, PA; Conor Wilson, Office of The Federal Public Defender, Wilmington, DE; Jose Luis Ongay, Law Offices of Jose Luis Ongay, Plymouth Meeting, PA; Michael N. Huff, Law Offices of Michael N. Huff, Philadelphia, PA; Luis A. Ortiz, Law Offices of Luis A. Ortiz, Philadelphia, PA; Christopher G. Furlong, Law Offices of Christopher G. Furlong, Media, PA for defendants.
Case Number: D69613
Cyberstalking constituted a predicate crime of violence to support a firearms charge, where the elements of the charged cyberstalking offense necessarily alleged that defendant engaged in conduct that involved threatening the use of physical force or violence.
Publication Date: 2021-10-20
Practice Area: Corporate Governance
Industry: Consulting | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Brian M. Gottesman, David B. Anthony, Peter C. McGivney, Berger Harris LLP, Wilmington, DE for plaintiffs
for defendant: Paul D. Brown, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Keith M. Fleischman, Joshua D. Glatter, June Park, Fleischman Bonner & Rocco LLP, White Plains, NY for defendants.
Case Number: D69576
Plaintiffs properly stated a claim for breach of fiduciary duty and libel.
Publication Date: 2021-08-04
Practice Area: Constitutional Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Charles Schiavo, Smyrna, DE, pro se plaintiff.
for defendant: Allison Jean McCowin, Delaware Dep’t of Justice, Wilmington, DE for defendants.
Case Number: D69492
Plaintiff lacked standing to obtain injunctive relief regarding the governor's state of emergency in response to COVID-19, so the court granted defendant's motion to dismiss.
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Publication Date: 2021-07-21
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
for defendant: David C. Weiss, U.S. Attorney’s Office, Wilmington, DE; Heather Benderson, Brian C. O’Donnell, Melissa K. Curry, Office of General Counsel, Social Security Administration, Philadelphia, PA for defendant.
Case Number: D69473
Where an administrative law judge did not consider the opinions of a claimant's medical professionals re-garding conditions stated in his application, the court remanded because the decision was not based on sub-stantial evidence.
Publication Date: 2021-06-30
Practice Area: Health Care Law
Industry: Federal Government | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Michael P. Kelly, Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei, Stephen K. Wirth, Arnold & Porter Kay Scholer LLP, Washington, DC for plaintiff.
for defendant: Brian D. Netter, Michelle R. Bennett, Rachael L. Westmoreland, Kate Talmor, Jody Lowenstein, U.S. Department of Justice, Washington, DC for defendants.
Case Number: D69446
U.S. Department of Health and Human Service's guidance regarding the 340B drug program violated the Administrative Procedure Act due to lack of notice-and-comment where guidance materially altered obligations of drugmakers under the 340B program and constituted a final agency decision.
Publication Date: 2021-05-26
Practice Area: Criminal Law
Industry: Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: David C. Weiss, Whitney C. Cloud, Jennifer K. Welsh, United States Attorney’s Office, Wilmington, DE for the government.
for defendant: Caroline Goldner Cinquanto, Philadelphia, PA for defendant.
Case Number: D69413
The court granted an attorney's motion to withdraw because of a breakdown in the attorney-client rela-tionship, and it approved defendant's request for new counsel.
Publication Date: 2021-04-14
Practice Area: Copyrights
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Joshua L. Simmons, Eric A. Loverro, Kirkland & Ellis LLP, New York, NY for plaintiffs.
for defendant: David E. Moore, Stephanie E. O’Byrne, Tracey E. Timlin, Potter Anderson & Corroon LLP, Wilmington, DE; Gabriel M. Ramsey, Kayvan M. Ghaffari, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Joshua M. Rychlinski, Crowell & Moring LLP, Washington, DC for defendant.
Case Number: D69365
The court denied defendant's motions to dismiss, because plaintiff adequately stated its claims for copyright infringement and tortious interference with a contractual relationship.
Publication Date: 2021-03-31
Practice Area: Contractual Disputes
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Marc S. Casarino, Karine Sarkisian, White and Williams LLP, Wilmington, DE for plaintiff.
for defendant: Barbara Barto, Wilmington DE, pro se defendant; Bernard A. Van Ogtrop, Jared Thomas Green, James S. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant Craig.
Case Number: D69343
Counterclaims for breach of annuity contract and bad faith not dismissed where insurer delayed payment to sole named beneficiary based on insurer's receipt of competing claim to benefits that was allegedly devoid of supporting evidence.
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