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Publication Date: 2024-01-15
Practice Area: Damages
Industry: Construction | Hospitality and Lodging | Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Matthew J. Rifino, Kate R. Buck, Shannon D. Humiston, McCarter & English, LLP, Wilmington, DE for appellants.
for defendant: Colin M. Shalk, Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for appellee.
Case Number: 94, 2023
Trial court properly granted remittitur where jury verdict including inflated repair costs was based on testimony from witnesses unqualified to testify about inflation and increased expenses.
Publication Date: 2024-01-15
Practice Area: Consumer Protection
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Raj Patel, Indianapolis, IN, plaintiff pro se.
for defendant:
Case Number: 23-797 (MN)
Court dismissed pro se complaint as unintelligible and barred by res judicata.
Publication Date: 2024-01-15
Practice Area: Corporate Governance
Industry: Biotechnology | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: John M. Seaman, Eliezer Y. Feinstein, Abrams & Bayliss LLP, Wilmington, DE for plaintiff.
for defendant: Michael A. Pittenger, William R. Denny, Matthew F. Davis, Nicholas D. Mozal, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
Case Number: C.A. No. 2023-0879-LWW
Court denied injunction of corporate annual meeting pending appeal where delaying the meeting could be inequitable to the company and any prejudice plaintiff might suffer in the absence of injunctive relief was partially self-inflicted.
Publication Date: 2024-01-15
Practice Area: Public Utilities
Industry: Energy | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys: For plaintiff: Elbert Lin, Charles D. Wallace, III, Hunton Andrews Kurth, Richmond, VA; John L. Shepherd, Jr., Hunton Andrews Kurth, Washington, DC; Paul W. Hughes, McDermott Will & Emery, Washington, DC; Kriss E. Brown, Christian A. McDewell, Pennsylvania Public Utility Commission, Harrisburg, PA; Thomas G. Lindgren, Werner L. Margard, III, Office of Attorney General of Ohio, Columbus, OH; Jeffrey W. Mayes, Monitoring Analytics, Eagleville, PA; Denise C. Goulet, McCarter & English, Washington, DC for petitioners.
for defendant: Jared B. Fish, Federal Energy Regulatory Commission, Washington, DC; Danielle C. Fidler, Earthjustice Legal Defense Fund, Washington, DC; Peter Hopkins, Amber L. Martin Stone, Jeffrey A. Schwartz, Scott H. Strauss, Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Matthew Price, Jenner & Block, Washington, DC; Miles H. Mitchell, Maryland Public Service Commission, Baltimore, MD; David C. Apy, Office of Attorney General of New Jersey Division of Law, Trenton, NJ; Robert A. Weishaar, Jr., McNees Wallace & Nurick, Washington, DC; Ryan J. Collins, Paul M. Flynn, Wright & Talisman, Washington, DC; Caroline Reiser, Natural Resources Defense Council, Washington, DC; Casey Roberts, Sierra Club, Denver, CO; Megan C. Wachspress, Sierra Club Environmental Law Program, Oakland, CA; Sarah A. Hunger, Office of Attorney General of Illinois, Chicago, IL Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Adrienne E. Clair, Thompson Coburn, Washington, DC; Daniel E. Frank, Allison Speaker, Eversheds Sutherland, Washington, DC; Andrew D. Cordo, Shannon E. German, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Gerit Hull, American Municipal Power, Columbus, OH; John E. McCaffrey, III, American Public Power Association, Arlington, VA; Anthony J. Corino, PSEG Corporation, Newark, NJ for respondents.
Case Number: 21-3068
FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.
Publication Date: 2024-01-15
Practice Area: Criminal Appeals
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Nicole M. Walker, Santino Ceccotti, Office of the Public Defender, Wilmington, DE for appellant.
for defendant: Kathryn J. Garrison, Department of Justice, Wilmington, DE for appellee.
Case Number: 364, 2022
Defendant was not entitled to lesser-included offense instruction where there was no set of facts that would permit acquittal on the charged offense but could support conviction on a lesser-included offense.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2024-01-15
Practice Area: Transportation
Industry: Aerospace | Federal Government | Non-Profit | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Steven M. Taber, Leech Tishman Fuscaldo & Lampl, Pasadena, CA for petitioners.
for defendant: Justin Heminger, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Rebecca Jaffe, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Peter J. Kirsch, W. Eric Pilsk, Washington, DC for respondents.
Case Number: 22-1965
Court affirmed Federal Aviation Administration approval of new airport terminal construction where the record supported the FAA's determination that the project would not independently cause an adverse environmental impact and where the project had independent utility due to the complete inadequacy of the existing terminal.
Publication Date: 2024-01-15
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
for defendant: Keri L. Morris-Johnston, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
Case Number: S23A-10-002 NEP
Industrial Accident Board did not err in denying workers' compensation claim for COVID-19 where it weighed the evidence to determine that it was more likely that worker was infected outside of work rather than at work.
Publication Date: 2024-01-08
Practice Area: Patent Litigation
Industry: Consumer Products | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-984-WCB
Court granted defendant summary judgment on literal infringement where making a component of device removable to satisfy the patent claim scope would irreparably damage the device, which meant the device could not reasonably literally infringe upon the patent.
Publication Date: 2024-01-08
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-10584 (CTG)
Aiding in the making of false statements against the federal government was a claim belonging to the government under the False Claims Act and thus was not released by debtors' third-party release in their reorganization plan.
Publication Date: 2024-01-08
Practice Area: Mergers and Acquisitions
Industry: Entertainment and Leisure
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Ian M. Ross, Sidley Austin LLP, Miami, FL for plaintiff.
for defendant: Lisa Zwally Brown, Brian T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
Case Number: N23C-03-304 EMD CCLD
Although affirmative defenses of credits for excess payments or set-off were insufficiently pled, they were enough to put plaintiff on notice that defendants were contesting the amounts due, thereby precluding judgment on the pleadings.
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