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Publication Date: 2019-05-01
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kelly E. Farnan, Christine D. Hayes, Sara M. Metzler, and Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
for defendant: Michael P. Kelly, Daniel J. Brown, and Hayley J. Reese, McCarter & English, LLP, Wilmington, DE; Heather C. Giordanella and Andrew P. Reeve, Drinker Biddle & Reath LLP, Philadelphia, PA for defendant.
Case Number: D68543
Negligence action against pharmaceutical manufacturer failed where plaintiff presented no expert testimony on proximate causation, took a generic equivalent rather than the brand name drug manufactured by defendant, and did not overcome the learned intermediary doctrine.
Publication Date: 2019-03-27
Practice Area: Contracts | Litigation
Industry: Consulting | Software
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE for plaintiff.
for defendant: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE for defendants.
Case Number: D68504
Plaintiff owed duty to preserve emails of former employees from the point defendant threatened legal action, but defendant failed to show plaintiff acted in bad faith or to deny evidence to defendant in support of an order of sanctions.
Publication Date: 2019-03-27
Practice Area: Real Estate
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Ronald Angelo, Sr., Townsend, DE, pro se plaintiff.
for defendant: Scott G. Wilcox, Whiteford Taylor Preston, LLC, Wilmington, DE for defendant NVR, Inc. Scott Thomas Earle, Zarwin, Baum, DeVito, Kaplan, Schaer, Toddy, P.C., Wilmington, DE for defendant Commonwealth Land Title Insurance Company.
Case Number: D68502
Plaintiff lacked standing to litigate title issues pro se on behalf of principal as an attorney-in-fact.
Publication Date: 2019-03-20
Practice Area: Business Torts | Securities Litigation
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Dylan P. Kletter and Kelsey D. Bond, Brown Rudnick LLP, Hartford, CT for plaintiff.
for defendant: Dominick T. Gattuso and Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Marc J. Kurzman; Peter M. Nolin and Damian K. Gunningsmith, Carmody Torrance Sandak & Hennessey LLP, Stamford, CT and New Haven, CT for defendant.
Case Number: D68501
Purchaser was entitled to recover on its securities fraud claim based on evidence of misrepresentations and omissions, but its common law fraud claim was precluded by the bootstrapping doctrine.
Publication Date: 2019-02-27
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Tammy Harvey, Felton, DE, pro se plaintiff. Eric P. Kressman, Regional Counsel, and Annie Kernicky, Assistant Deputy Regional Counsel, Office of the Regional Chief, Social Security Administration, Philadelphia, PA; David C. Weiss, U.S. Attorney for the District of Delaware, Wilmington, DE
for defendant: Heather Benderson, Special Assistant U.S. Attorney, Office of the General Counsel, Philadelphia, PA for defendant.
Case Number: D68472
Claimant not entitled to SSI benefits, where substantial evidence supported the conclusion that her disability was caused by her alcoholism, since the Social Security Act precluded benefits for claimants disabled by alcoholism or drug addiction.
Law Journal Press | Digital Book
Authors: Trey Cox, Jason Dennis
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Publication Date: 2019-02-13
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian L. Arban, Delaware Department of Justice, Wilmington, DE for respondents.
for defendant: N/A
Case Number: D68460
The court denied petitioner's habeas corpus relief because he failed to establish that his guilty plea was not entered voluntarily.
Publication Date: 2019-01-23
Practice Area: Patent Litigation
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Neal Belgam and Eve Ormerod, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Stefan V. Stein, Mayanne Downs, Jason Zimmerman and Cole Carlson, Gray Robinson P.A., Orlando, FL for plaintiff.
for defendant: Pilar G. Kraman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Edward A. Pennington, John P. Moy, John P. Pen-nington and Darlene K. Tzou, Smith, Gambrell & Russell LLP, Washington, DC for defendant.
Case Number: D68434
Patent claims for a baggage delivery system involved an abstract idea and did not contain any inventive concept.
Publication Date: 2019-01-23
Practice Area: Expert Witnesses | Patent Litigation
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Mary B. Matterer and Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Ian R. Liston, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; James C. Yoon, Ryan R. Smith, Christopher D. Mays and Mary A. Procaccio-Flowers, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA for plaintiffs.
for defendant: Jack B. Blumenfeld and Stephen J. Kraftschik, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Erik B. Milch and Frank Pietrantonio, Cooley LLP, Reston, VA; Rose Whelan and Naina Soni, Cooley LLP, Washington, DC for defendant.
Case Number: D68433
Portions of defendant's motion to exclude an expert's lost profit opinion went to the weight and not the admissibility of the evidence, but the court excluded other parts of the expert's testimony.
Publication Date: 2019-01-16
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Michael F. McTaggart, Delaware Department of Justice, Wilmington, DE for defendants Silva and O'Bara.
for defendant: N/A
Case Number: D68425
Plaintiff's motion to amend was untimely and he did not show good cause for the delay.
Publication Date: 2019-01-09
Practice Area: Damages | Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Mary W. Bourke and Daniel M. Attaway, Womble Bond Dickinson (US) LLP, Wilmington, DE; Jeffrey I. Weinberger, Ted G. Dane, Heather E. Takahashi, Elizabeth L. Laughton, Hannah L. Dubina, Munger, Tolles & Olson LLP, Los Angeles, CA Celia R. Choy and Peter A. Detre, Munger, Tolles & Olson LLP, Washington, DC for plaintiff.
for defendant: Dominick T. Gattuso, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Lauren C. Tortorella, Winston & Strawn LLP, Chicago, IL, Charles B. Klein and Ilan Wurman, Winston & Strawn LLP, Washington, DC; Elaine H. Blais, Robert D. Carroll, Lana S. Shiferman, Robyn R. Schwartz and Louis L. Lobel, Goodwin Procter LLP, Boston, MA for defendants.
Case Number: D68421
Defendants were entitled to damages for lost profits under a bond where the court improperly granted a preliminary re-straining order.
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