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Publication Date: 2023-05-09
Practice Area: Intellectual Property
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Gregory P. Williams, Chad M. Shandler, Nicole K. Pedi, Richards, Layton & Finger P.A., Wilmington, DE; Keith R. Hummel, Karin A. DeMasi, Adam I. Rich, Cravath, Swaine & Moore LLP, New York, NY for plaintiff.
for defendant: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Matthew M. Wolf, John E. Nilsson, Soumitra Deka, Bridgette Boyd, Arnold & Porter Kaye Scholer LLP, Washington, DC for defendants.
Case Number: N16C-07-218 WCC CCLD
Statutory disclaimer was effective once patent holder submitted disclaimer form authorizing payment of the filing fee to the patent holder's deposit account with the PTO.
Publication Date: 2023-01-17
Practice Area: Wrongful Death
Industry: Consumer Products | Manufacturing
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Robert Leoni, Shelsby & Leoni, P.A., Wilmington, DE; Alan M. Feldman, Daniel J. Mann, Edward S. Goldis, Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, LLP, Philadelphia, PA for plaintiffs.
for defendant: Liza Zwally Brown, Corrine R. Moini, Greenberg Traurig, LLP, Wilmington, DE for defendants.
Case Number: N21C-02-097 WCC
Although Missouri law did not allow application of the discovery rule to toll or extend the statute of limitations on wrongful death claims, defendants could be equitably estopped from asserting a statute of limitations defense if they engaged in intentional concealment of evidence of the dangerous nature of their product.
Publication Date: 2022-11-22
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE; Michael A. Trunk, Thomas E. Bosworth, Kline & Spector, P.C., Philadelphia, PA for plaintiffs.
for defendant: Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Anthony M. Pisciotti, Danny C. Lallis, Pisciotti Lallis Erdreich, Florham Park, NJ for defendants.
Case Number: N17C-11-264 WCC
Court correctly precluded plaintiffs' expert from testifying that a new weapon design was evidence of an alternative feasible design for a prior version of the weapon designed decades ago since such evidence would ignore the normal progress of technological development.
Publication Date: 2022-09-13
Practice Area: Criminal Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Mark A. Denney, Jr., Maria Knoll, Nicole Mozee, Department of Justice, Wilmington, DE for plaintiff.
for defendant: Steven P. Wood, Chelsea A. Botsch, Dean A. Elwell, McCarter & English, LLP, Wilmington, DE for defendant.
Case Number: 2206000799
Defendant was granted judgment of acquittal on violation of state procurement law where legislature and state officials had only criminalized the splitting of public contracts to avoid accounting oversight, but defendant had merely split invoices and did so at the vendor's request for fewer hours at the beginning of the contract.
Publication Date: 2022-09-13
Practice Area: Personal Injury
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Periann Doko, Kent & McBride, P.C., Wilmington, DE for plaintiffs.
for defendant: Susan List Hauske, Tybout, Redfearn & Pell, Wilmington, De for defendants.
Case Number: N21C-09-118 WCC
Court granted defendants' motion to dismiss claim arising out of a personal injury suit where plaintiffs attempted to file a consortium claim although they had previously signed a release and indemnity agreement in exchange for $5,000.
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Publication Date: 2022-08-16
Practice Area: Labor Law
Industry: Education
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for appellant.
for defendant: James H. McMackin, III, Morris James LLP, Wilmington, DE for appellee.
Case Number: D69923
James Hull appealed from the Brandywine School District's board of education decision to terminate Hull's employment as the driver's education teacher at Concord High School. Hull had worked as a driver's ed teacher at Concord High School for approximately 20 years.
Publication Date: 2022-06-28
Practice Area: Contracts
Industry: Financial Services and Banking | Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Blake A. Bennett, C. Scott Reese, Dean R. Roland, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: David L. Baumberger, Law Offices of Chrissinger & Baumberger, Wilmington, DE; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE; Josiah R. Wolcott, Connolly Gallagher, Newark, DE; Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for defendants.
Case Number: D69862
Defective construction claims by condominium association were timely filed where receiver who previously controlled condo was appointed solely to complete construction and limit the losses of the mortgagee, such that the limitations period did not start running until the association of ow ners took control.
Publication Date: 2022-05-31
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Mark A. Denney, Jr., Department of Justice, Wilmington, DE for plaintiff.
for defendant: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE for defendant.
Case Number: D69832
Court sanctioned prosecution by excluding any evidence obtained from seized electronic devices from the state's case in chief where investigators took over six months to access and turn over device contents.
Publication Date: 2022-03-08
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE; Michael A. Trunk, Thomas E. Bosworth, Kline & Specter, P.C., Philadelphia, PA for plaintiffs.
for defendant: Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Anthony M. Piscotti, Danny C. Lallis, Pisciotti Lallis Edreich, Florham Park, NJ for defendants.
Case Number: D69740
Failure to read user/instruction manual for product precluded a user injured by the product from pursuing a failure to warn claim.
Publication Date: 2021-12-07
Practice Area: Contracts
Industry: E-Commerce | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Carl D. Neff, Fisher Broyles, LLP, Wilmington, DE; William J. Akins, Fisher Broyles, LLP, Austin, TX for plaintiff.
for defendant: Peter J. Walsh, Jr., Clarissa R. Chenoweth-Shook, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
Case Number: D69634
The court held that because plaintiff and defendant produced plausible interpretations of the term at issue, it made the contract ambiguous and not appropriate for summary judgment.
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