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  • Scalia v. Local 1694, Int'l Longshoremen's Ass'n

    Publication Date: 2021-05-26
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Jesse S. Wenger, David C. Weiss, United States Attorney’s Office, Wilmington, DE for plaintiff.
    for defendant: Lance M. Geren, Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.
    Case Number: D69411

    Where a union violated federal law in its election process, the court ordered the union to conduct a new election under the supervision of the Secretary of Labor.

  • W.R. Berkley Corp. v. Dunai

    Publication Date: 2021-05-19
    Practice Area: Contractual Disputes
    Industry: Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Scott A. Holt, Curtis J. Crowther, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE; Kristen Prinz, Amit Bindra, The Prinz Law Firm, P.C., Chicago, IL for defendant.
    Case Number: D69405

    Provision for repayment of stock benefits did not constitute liquidated damages and plaintiff adequately stated its claim for relief, so the court denied defendant's motion to dismiss.

  • Johnson-Krumm v. City of Seaford

    Publication Date: 2021-05-12
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Rosemary J. Piergiovanni, Farnan LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel A. Griffith, Kaan Ekiner, Whiteford, Taylor & Preston LLC, Wilmington, DE for defendants.
    Case Number: D69390

    Police had no constitutional duty to save a suspect in handcuffs who escaped the physical grasp of officers and tried to escape via a river where he drowned.

  • Franklin v. Navient, Inc.

    Publication Date: 2021-05-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Ricky R. Franklin, Stockbridge, GA, pro se plaintiff.
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant.
    Case Number: D69384

    Supreme Court's striking down of the government debt exception to Telephone Consumer Protection Act ban on robocalls as unconstitutional rendered the law void, such that defendant could not rely on that law to avoid liability.

  • Roseboom v. Hunley

    Publication Date: 2021-05-05
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE for plaintiffs.
    for defendant: Dylan J. Steinberg, U.S. Attorney’s Office, Wilmington, DE for defendant.
    Case Number: D69389

    Family members who were injured when a mail truck rear-ended them provided sufficient notice of their claims under the Federal Tort Claims Act. However, another family member failed to present his loss of con-sortium claim, so the court granted the motion to dismiss that claim.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Cephas v. Oliver

    Publication Date: 2021-05-05
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Renée Leverette, The Igwe Firm, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; Rosamaria Tassone-DiNardo, City of Wilmington Law Department, Wilmington, DE for defendants.
    Case Number: D69383

    Plaintiff sexually assaulted by police officer failed to adequately plead constitutional claims by identifying wanton negligence or deliberate indifference to officers' misconduct.

  • Northrop Grumman Corp. v. Axis Reinsurance Co.

    Publication Date: 2020-05-06
    Practice Area: Insurance Litigation
    Industry: Aerospace | Defense | Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Barry J. Fleishman, Pillsbury Winthrop Shaw Pittman, Washington, DC; David J. Baldwin, Berger Harris, Wilmington, DE for Northrop Grumman Corp. Sean P. Mahoney, Edward M. Koch, Felix S. Yelin, White & Williams, Philadelphia, PA; Timothy S. Martin, White & Williams, Wilmington, DE for Nat’l Union Fire Ins. Co.
    for defendant: Kim W. West and Alec H. Boyd, Clyde & Co. US, San Francisco, CA; Carmella P. Keener, Cooch & Taylor , Wilmington, DE for Axis Reinsurance Co.
    Case Number: D68971

    Insurer had a duty to defend the insured in a class action proceeding because the complaint in that case alleged wrongful acts that were related to a prior class action suit. Affirmed.

  • United States v. Small

    Publication Date: 2020-01-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68853

    Searches of defendant's vehicle and home were constitutionally valid, so denial of a motion to suppress was proper.

  • In re: Energy Future Holdings Corp.

    Publication Date: 2019-07-03
    Practice Area: Bankruptcy
    Industry: Energy | Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: GianClaudio Finizio and Neil B. Glassman, Bayard P.A., Wilmington, DE; Jeremy C. Hollembeak, Michael S. Kim, Benjamin J. Sauter and Andrew D. Wang, Kobre & Kim, New York, NY for Delaware Trust Co. Ashley R. Altschuler and R. Craig Martin, DLA Piper, Wilmington, DE
    for defendant: Thomas J. Curtin, Ellen M. Halstead, Howard R. Hawkins, Jr., Michele Maman and Mark C. Ellenberg, Cadwalader Wicker-sham & Taft, New York, NY and Washington, DC; Scott B. Czerwonka, Wilks Lukoff & Bracegirdle, Wilmington, DE for Mor-gan Stanley Capital Group Inc. George A. Davis, Latham & Watkins, New York, NY; Michael D. DeBaecke, Ashby & Geddes, Wilmington, DE; Peter M. Friedman, Jonathan Rosenberg and Daniel S. Shamah, O'Melveny & Myers, Washington, DC and New York, NY; Thomas R. Hooper and Mark D. Kotwick, Seward & Kissel, New York, NY; Joseph H. Huston, Jr., Stevens & Lee, Wilmington, DE for Wilmington Trust N.A. Mark E. Felger and Simon Fraser, Cozen O'Connor, Wilmington, DE; Hu-mayun Khalid, Thomas J. Moloney and Sean A. O'Neal, Cleary Gottlieb Steen & Hamilton, New York, NY for J. Aron & Co. Bradley R. Aronstam and Nicholas D. Mozal, Ross Aronstam & Moritz, Wilmington, DE , Adam B. Banks, Weil Gotshal & Manges, New York, NY for Titan Investment Holdings LP.
    Case Number: D68617

    Following approval of a bankruptcy plan and corporate restructuring, payments and distributions to creditors were no longer considered collateral or proceeds under the waterfall provision of an intercreditor agreement.

  • M.K. v. Prestige Acad. Charter Sch.

    Publication Date: 2018-10-24
    Practice Area: Civil Procedure | Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68322

    Plaintiff failed to timely effectuate service on one defendant, but claims against another party were not barred by a release in a settlement agreement.