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Publication Date: 2018-10-17
Practice Area: Admiralty | International Law
Industry: Cargo and Shipping
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Timothy Jay Houseal, J. Stephen Simms and Marios J. Monopolis for plaintiff
for defendant: Michael B. McCauley, Frank P. DeGuilio and Kevin G. O'Donovan for defendant.
Case Number: D68324
Plaintiff did not have a valid maritime lien and was not entitled to detain a vessel in Delaware.
Publication Date: 2018-10-10
Practice Area: Patent Litigation
Industry: E-Commerce | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Timothy Devlin, Timothy E. Grochocinski and Joseph P. Oldaker for plaintiff
for defendant: Frederick L. Cottrell, III, Katharine L. Mowery, Douglas F. Stewart and David J. Ball for defendant Nordstrom, Inc.; Denise S. Kraft, Brian A. Briggs, Nicholas G. Papastavros and Yasmin Ghassab for defendant Staples, Inc.; Beth Moskow-Schnoll, Evan W. Krick, Lynn E. Rzonca, Richard W. Miller and Chittam U. Thakore for remaining defendants.
Case Number: D68316
Plaintiff's complaint alleged sufficient facts to demonstrate an inventive concept, and the complaint stated a claim for direct infringement in accordance with the procedural rules.
Publication Date: 2018-10-10
Practice Area: Patent Litigation | Social Media
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Stephen B. Brauerman, Sara E. Bussiere, Seth H. Ostrow, Jeffrey P. Weingart and Antonio Papageor-giou for plaintiff
for defendant: Jack B. Blumenfeld, Karen Jacobs, Heidi L. Keefe, Mark R. Weinstein, Benjamin G. Damstedt and Emily Terrell for defendants.
Case Number: D68315
The court granted a motion to dismiss as to a patent that was directed solely to an abstract idea.
Publication Date: 2018-10-03
Practice Area: Bankruptcy | Government
Industry: Chemicals and Materials | Construction | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff:
for defendant:
Case Number: D680308
The Internal Revenue Service was not entitled to equitable recoupment, but rather, it was bound by the plan confirmation order.
Publication Date: 2018-10-03
Practice Area: Evidence | Government | Labor Law
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Tomeka M. Daniels, Wilmington, DE, pro se plaintiff
for defendant: Joseph Clement Handlon, Deputy Attorney General, and Lauren E. Maguire, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorneys for defendant.
Case Number: D680304
Race discrimination and hostile work environment claims failed where plaintiff failed to present evidence that adverse employment actions and hostile environment were motivated by plaintiff's race.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2018-10-03
Practice Area: Patent Litigation
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Jeremy Douglas Anderson, Michael J. Kane and Jason M. Zucchi, Fish & Richardson for plaintiffs
for defendant: Mary B. Graham, Jeremy A. Tigan, Morris, Nichols, Arsht & Tunnel, Brian P. Collins and Robert M. Fuhrer, Pillsbury, Winthrop, Shaw Pittman for defendants.
Case Number: D680309
Plaintiffs were entitled to all inferences in favor of their infringement theory at the pleading stage, and alt-hough claim construction had not yet occurred, plaintiffs' amended complaint alleged a plausible infringement claim.
Publication Date: 2018-10-03
Practice Area: Civil Rights | Employment Litigation | Government
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Joseph Clement Handlon, Deputy Attorney General, and Adria Benner Martinelli, Deputy Attorney
General, Delaware Department of Justice, Wilmington, DE for defendants.
for defendant: N/A
Case Number: D680305
An employee's complaint failed to adequately allege claims against a state employer for discrimination, retali-ation, or for violations of laws intended to benefit former service members.
Publication Date: 2018-10-03
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Donald F. Bass, Smyrna, DE, pro se plaintiff
for defendant: Kenisha LaShelle Ringgold, Deputy Attorney General, and Ophelia Michelle Waters, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorneys for defendant.
Case Number: D680302
Excessive force claims failed where corrections officers employed force necessary to secure disruptive, recalcitrant, and armed inmate.
Publication Date: 2018-10-03
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Keino S. Chrichlow, pro se petitioner
for defendant: Elizabeth R. McFarlan, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorney for defendant.
Case Number: D680303
Petition for writ of habeas corpus untimely where filed more than five years after judgment of conviction became final and where statutory tolling only tolled three years of that period.
Publication Date: 2018-09-26
Practice Area: Civil Rights
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Nicholas Robert Wynn, White & Williams, for defendants Connections CSP and Ellis
for defendant: Michael F. McTaggart, Deputy Attorney General for defendant Pierce.
Case Number: D68300
An inmate alleged sufficient facts to suggest the existence of a custom or policy of deliberate indifference to a serious medical need, so the court denied a motion to dismiss.
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