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Publication Date: 2023-12-11
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11463 (CTG)
Court granted motion to dismiss debtor's bankruptcy petition where a receivership order entered by another district court stripped debtor of the authority to file a petition, since debtor could not launch a collateral attack on the merits of the district court's order or its jurisdiction.
Publication Date: 2023-12-11
Practice Area: Patent Litigation
Industry: Legal Services | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1247-CFC
Court referred plaintiffs' counsel for disciplinary investigations after finding that they acted at the direction of patent monetization firms rather than the named plaintiffs in the present patent infringement cases.
Publication Date: 2023-12-11
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Michael F. McTaggart, U.S. Attorney's Office, Wilmington, DE for plaintiff.
for defendant: Eleni Kousoulis, Janet Bateman, Public Federal Defender's Office, Wilmington, DE for defendant.
Case Number: 23-004
Possession of firearm by felon statute was constitutional as applied to defendant previously convicted of drug distribution offenses, as it was consistent with the historical tradition of disarming individuals who posed a threat to public safety, while defendant lacked standing to challenge the statute's constitutionality as he was ineligible to possess firearms on state probation.
Publication Date: 2023-12-11
Practice Area: Labor Law
Industry: Legal Services
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: William W. Weller, Middletown, DE, appellant pro se.
for defendant: Jennifer C. Jauffret, Richards, Layton & Finger, P.A., Wilmington, DE; Victoria W. Counihan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellees.
Case Number: N23A-03-007 FWW
Unemployment benefits claim was properly denied where worker received one year's worth of wages as a final payment upon separation from employment, meaning that the worker was not economically insecure and in need of unemployment compensation.
Publication Date: 2023-12-11
Practice Area: Discovery
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Joel H. Fredricks, Gary S. Nitsche, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiffs.
for defendant: Jospeh J. Bellew, Gordon Rees Scully Mansukhani, LLP Wilmington, DE for defendants.
Case Number: N20C-11-022 CEB
Court denied motion to compel production of insurance company file where plaintiffs failed to show a likelihood that the file contained discoverable information or prove that the apparent inadvertent commingling of documents between the file and an already-produced file waived any confidentiality in the first.
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Authors: Joshua B. Spector, Paul D. Turner
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Publication Date: 2023-12-04
Practice Area: Patent Litigation
Industry: Electronics | Manufacturing | Software
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Paul J. Andre, Lisa Kobialka, James Hannah, Timothy Layden, Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA; Aaron M. Frankel, Cristina L. Martinez, Kramer Levin Naftalis & Frankel LLP, New York, NY for plaintiff.
for defendant: Karen Jacobs, Cameron P. Clark, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John D. Vandenberg, Kristin L. Cleveland, Mark W. Wilson, Klarquist Sparkman, LLP, Portland, OR; Kristina R. Cary, Kirkland & Ellis LLP, Boston, MA; Gregg F. LoCascio, P.C., Michael A. Pearson, Jr., Matthew J. McIntee, Kirkland & Ellis LLP, Washington, DC; Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Clement Naples, Latham & Watkins LLP, New York, NY; Gabriel K. Bell, Latham & Watkins LLP, Washington, DC; Thomas W. Yeh, Latham & Watkins LLP, Los Angeles, CA; Brett M. Sanford, Daniel S. Todd, Latham & Watkins LLP, San Francisco, CA for defendants.
Case Number: 22-151-CJB
Court rejected assertion that patent claims were indefinite where intrinsic record provided enough explanation for a person of ordinary skill in the art to understand the scope of the claim and when a product would fall within that scope.
Publication Date: 2023-12-04
Practice Area: Labor Law
Industry: Agriculture | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Hughes
Attorneys: For plaintiff: William D. Sullivan, Sullivan Hazeltine Allison LLC, Wilmington, DE; Andrew J. Henrik, Sullivan Hazeltine Allison LLC, Rosemont, IL for plaintiffs.
for defendant: Rudolf Koch, Jason J. Rawnsley, Richards, Layton & Finger, P.A., Wilmington, DE; James L. Bromley, Andrew J. Finn, Zachary R. Ingber, Sullivan & Cromwell LLP, New York, NY for defendants.
Case Number: 22-1135-TMH
Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.
Publication Date: 2023-12-04
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Gregory V. Varallo, Glenn R. McGillivray, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Ned Weinberger, Mark D. Richardson, Labaton Sucharow LLP, Wilmington, DE; Christine M. Mackintosh, Rebecca A. Musarra, Grant & Eisenhofer P.A., Wilmington, DE; Christopher J. Orrico, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Frank Schirripa, Hach Rose Schirripa & Cheverie LLP, New York, NY; Nathaniel L. Orenstein, Steven L. Groopman, Berman Tabacco, Boston, MA for plaintiffs.
for defendant: William M. Lafferty, D. McKinley Measley, Thomas P. Will, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; F. Joseph Warin, Jonathan M. Phillips, Courtney M. Brown, Gibson, Dunn & Crutcher LLP, Washington, DC for defendant.
Case Number: 2019-0816-SG
Court dismissed derivative complaint where single-member special litigation committee conducted adequate review of the worthiness of the litigation and its conclusions were sufficiently supported by evidence, and there was an insufficient basis to question the single member's independence from other board members potentially facing liability.
Publication Date: 2023-12-04
Practice Area: Products Liability
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Joel H. Fredricks, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiff.
for defendant: Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE; Joseph J. Bellew, Joseph E. Brenner, Gordon Rees Scully Mansukhani LLP, Wilmington, DE for defendants.
Case Number: N22C-03-068 CLS
Service upon foreign corporation was ineffective where service upon its domestic subsidiary could not impute notice of the action and mailing service of process to the foreign corporation did not comply with the requirements of the Hague Convention.
Publication Date: 2023-12-04
Practice Area: Patent Litigation
Industry: Entertainment and Leisure | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 15-611-GBW
Court granted leave to supplement damages expert report where, although supplementation would cause defendants to incur additional discovery expenses, there would be no delay of trial and the report was critical to plaintiff's ability to prove damages at trial.
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