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  • P.C. Connection, Inc. v. Synygy Ltd.

    Publication Date: 2022-01-25
    Practice Area: Civil Procedure
    Industry: Retail | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Daniel A. Griffith, Whiteford Taylor & Preston LLC, Wilmington, DE for plaintiff.
    for defendant:
    Case Number: D69687

    The court held that plaintiff properly moved to amend its complaint to add two new parties under Rule 15 (a) notwithstanding the entry of the default judgment against two different parties. Motion to amend granted.

  • RyanAir DAC v. Booking Holdings, Inc.

    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.

  • Dlayal Holdings, Inc. v. Al-Bawardi

    Publication Date: 2022-01-11
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Lisa Zwally Brown, Corinne R. Moini, Greenberg Traurig, LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel K. Astin, Ciardi Ciardi & Astin, Wilmington, DE; Albert A. Ciardi, Walter W. Gouldsbury, Ciardi Ciardi & Astin, Philadelphia, PA; Marc Litt, Evan Weintraub, Wachtel Missry LLP; New York, NY for third-party plaintiff. Sidney S. Liebesman, Katelyn M. Crawford, Fox Rothschild LLP, Wilmington, DE; Justin P. Phelps, Gibson Watson Marino LLC, Wichita, KS for defendants.
    Case Number: D69670

    The court held that service of process on three Kansas residents under 6 Del. C. § 18-109(a) was not effective service because the three defendants were not managers of the subject entity.

  • Zilberstein v. Frankenstein

    Publication Date: 2021-11-30
    Practice Area: Civil Procedure
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Antranig N. Garibian, Garibian Law Offices PC, Wilmington, DE for plaintiff.
    for defendant: Matthew P. Denn, Peter H. Kyle, DLA Piper LLP, Wilmington, DE for defendant.
    Case Number: D69625

    The court found that the application of the CryoMaid factors weighed in favor of staying the case pending in Delaware in favor of the Israeli litigation based on the doctrine of forum non conveniens.

  • Pharmacy Corp. of Am./Askari Consol. Litig.

    Publication Date: 2021-09-22
    Practice Area: Civil Procedure
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jeffrey S. Cianciulli, Weir & Partners, Wilmington, DE; Walter Weir, Jr., Steven E. Angstreich, Amy R. Brandt, Andrew Park, Weir & Partners, Philadelphia, PA; James Sawyer, Law Office of James Sawyer for Kaveh Askari and Onco360 Holdings parties.
    for defendant: Brett D. Fallon, Faergre Drinker Biddle & Reath LLP, Wilmington, DE; Christopher G. Kelly, Stosh M. Silivos, Holland & Knight LLP, New York, NY; Jeremy M. Sternberg, Holland & Knight, LLC, Boston, MA for Pharmacy Corp. of Am.
    Case Number: D69546

    Plaintiffs did not identify any manifest error in the court's rulings or with respect to the final judgment, so they were not en-titled to amendment of the final judgment or a new trial.

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  • Tyler v. Diamond State Port Corp.

    Publication Date: 2020-09-02
    Practice Area: Civil Procedure
    Industry: Cargo and Shipping | Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69108

    The district court did not abuse its discretion in denying plaintiff's motion for a stay of proceeding.

  • Cuppels v. Mountaire Corp.

    Publication Date: 2020-07-15
    Practice Area: Civil Procedure
    Industry: Agriculture
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt, Baird Mandalas, Brockstedt, Lewes, DE; Philip C. Federico and Brent Ceryes, Schochor, Federico and Staton, P.A., Baltimore, MD for plaintiffs.
    for defendant: F. Michael Parkowski and Michael W. Teichman, Parkowski, Guerke & Swayze, P.A., Wilmington, DE; Lisa C. McLaughlin, Todd L. Goodman, John C. Phillips, Jr., Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, De; James R. Wedeking, Sidley Austin, LLP, Washington, DC for defendants.
    Case Number: D69047

    Court ordered sanctions where five discovery orders were required to get defendants to produce responsive documents, after defendants had engaged in redaction of responsive documents on the basis of relevance without any legal authority to engage in such redaction.

  • Imbragulio v. Unemployment Ins. Appeals Bd.

    Publication Date: 2019-12-18
    Practice Area: Administrative Law | Civil Procedure
    Industry: Distribution and Wholesale
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Elizabeth Imbragulio, pro se appellant.
    for defendant: Tasha Marie Stevens, Fuqua, Willard, Stevens & Schab, P.A., Georgetown, DE for appellee.
    Case Number: D68808

    Superior court rules governing timeliness of appeals did not apply until the superior court obtained jurisdiction by the appealing party's compliance with the statutes conferring jurisdiction upon the superior court.

  • Abdelfattahfathy v. St. Michael's Sch. and Nursery, Inc.

    Publication Date: 2019-10-23
    Practice Area: Civil Procedure | Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Sherine Abdelfattahfathy, Wilmington, DE, pro se plaintiff.
    for defendant: Lindsay Neinast, Litter Mendelson, PC, Washington, DC for defendant.
    Case Number: D68742

    Pro se plaintiff established good cause for improper and untimely service due to confusion over correct deadline for service and based on plaintiff's good faith attempts to correct errors in service.

  • Schmidt v. The Washington Newspaper Publ'g Co., LLC

    Publication Date: 2019-10-16
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Bartholomew J. Dalton, Dalton & Assoc., PA, Wilmington, DE; Andrea L. Lewis, Searcey, Denney, Scarola Barnhart & Ship-ley, PA, West Palm Beach, FL for plaintiff.
    for defendant: Joseph J. Bellew, White and Williams LLP, Wilmington, DE; Todd R. Ehrenreich and David L. Luck of Lewis, Brisbois, Bisgaard & Smith, Miami, FL for defendant.
    Case Number: D68740

    Plaintiff's defamation claims were timely filed in accordance with Delaware's savings statute, but Delaware was not a proper forum for this dispute, so the court granted defendant's motion to dismiss.