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Publication Date: 2023-11-06
Practice Area: Consumer Protection
Industry: Automotive
Court: U.S. District Court of Delaware
Judge: District Judge Hughes
Attorneys: For plaintiff: Ian Connor Bifferato, The Bifferato Firm, Wilmington, DE; Rosemary M. Rivas, David Stein, Kyla J. Gibboney, Gibbs Law Group LLP, Oakland, CA; William H. Anderson, Handley Farah & Anderson PLLC, Boulder, CO; Rebecca P. Chang, Handley Farah & Anderson PLLC, New York, NY; Simon Wiener, Handley Farah & Anderson PLLC, Boston, MA; Jon M. Herskowitz, Baron & Herskowitz, Miami, FL for plaintiffs.
for defendant: Patrick M. Brannigan, Jessica L. Reno, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Stephen A. D’Aunoy, Scott H. Morgan, Thompson Coburn LLP, St. Louis, MO for defendant.
Case Number: 22-00518-TMH
Vehicle purchasers' claims arising from manufacturers destination charge practices failed where federal law only required vehicle window stickers to list the price charged by a manufacturer to a dealer to ship vehicles from the factory to the dealer lot and there was no evidence that allegedly inflated destination charges caused consumers to pay more for vehicles as ultimate purchase prices were set by dealerships.
Publication Date: 2023-11-06
Practice Area: Contractual Disputes
Industry: Mining and Resources
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE; Andrew St. Laurent, Harris St. Laurent & Wechsler LLP, New York, NY for plaintiffs.
for defendant: John M. Seaman, E. Wade Houston, Abrams & Bayliss LLP, Wilmington, DE; Chelsea Corey, King & Spalding LLP, Charlotte, NC; Carl D. Neff, FisherBroyles, LLP, Wilmington, DE; Aurora Cassirer, Christina H. Bost Seaton, FisherBroyles, LLP, New York, NY; Karen E. Keller, Andrew E. Russell, Nathan R. Hoeschen, Shaw Keller LLP, Wilmington, DE; Justin L. Ormand, Allen & Overy, New York, NY; Patrick W. Pearsall, Allen & Overy, Washington, D.C. for defendants.
Case Number: 2022-0665-SG
Plaintiffs were former equity holders in an Australian rare-earth mining company, whose primary asset was interest in a mining project in West Texas. Defendants transferred the company's assets to a new Delaware entity. Plaintiffs' fourteen causes of action alleged that defendants promised that plaintiffs would each receive an equivalent amount of equity in the Delaware entity as each had previously held in the mining company, however, they alleged that the transactions had diminished their ownership interests. Defendants' motions to
Publication Date: 2023-11-06
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: George R. Tsakataras, The Law Office of George R. Tsakataras, P.A., Wilmington, DE for appellant.
for defendant: Michelle R. Skoranski, State of Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 449, 2022
Trial court did not violate parent's due process rights by failing to consider relative's guardianship petition prior to terminating parental rights where the permanency goal had already changed to adoption.
Publication Date: 2023-11-06
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC., Dover, DE for plaintiff.
for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmentraut & Klein, P.A., Wilmington, DE for defendant.
Case Number: K22C-03-017 JJC
The court applied the "sham affidavit doctrine," finding that plaintiff's expert's affidavit submitted with its opposition to defendant's motion for summary judgment contradicted the expert's prior deposition testimony and was submitted for the sole purpose of defeating an otherwise appropriate summary judgment motion and that no adequate explanation of the contradiction was provided.
Publication Date: 2023-11-06
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Jordan
Attorneys: For plaintiff: Mark A. Berman, Michele A. Smith, Hartmann Doherty Rosa Berman & Bulbulia, Hackensack, NJ; Thomas C. Egan, III, Norristown, PA; Susan M. Lin, Kairys Rudovsky Messing Feinberg & Lin, Philadelphia, PA; William R. Spade, Jr., Blowing Rock, NC for appellants.
for defendant: John M. Gallagher, Office of United States Attorney, Allentown, PA; David E. Troyer, Robert Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.
Case Number: 14-1493
Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. The court affirmed the District Court's judgment.
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Publication Date: 2023-10-30
Practice Area: Corporate Governance
Industry: Software
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Madeline R. Silverman, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
for defendant: Garrett B. Moritz, Ross Aronstam & Moritz LLP, Wilmington, DE; Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE for defendants. Albert H. Manwaring, IV & Kirsten A. Zeberkiewicz, Morris James LLP, Wilmington, DE for nominal defendant.
Case Number: 2023-0805-LWW
Reasoning that the master's report in the parties' divorce proceeding had not yet been adopted by the probate court and the defendant had not been removed as a general partner of the Family LP, plaintiff, acting alone, lacked the authority to direct the Family LP through a written consent to remove another board member of nominal defendant.
Publication Date: 2023-10-30
Practice Area: Labor Law
Industry: Distribution and Wholesale | Food and Beverage
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A, Wilmington, DE for plaintiff.
for defendant: John A. Sensing, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
Case Number: N23C-03-047 SKR CCLD
Court lacked personal jurisdiction over former employee in non-compete breach action where forum selection clause was expressly limited to jurisdiction in the chancery court, rather than any state or federal court sitting in and for Delaware.
Publication Date: 2023-10-30
Practice Area: Mergers and Acquisitions
Industry: Transportation
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-679-WCB
Plaintiff's claim for insurance proceeds was not necessarily barred by contractual limitations period on indemnification claim where plaintiff asserted that the proceeds constituted retained property that defendant had an ongoing obligation to turn over after closing.
Publication Date: 2023-10-30
Practice Area: Land Use and Planning
Industry: Energy | Non-Profit | State and Local Government
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Richard L. Abbot, Abbot Law Firm, Hockessin, DE for plaintiffs.
for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Richard A. Forsten, Wendie C. Stabler, James D. Taylor, Jr., Saul Ewing LLP, Wilmington, DE for defendants.
Case Number: N23C-03-196 VLM
Although plaintiffs failed to seek timely certiorari review of conditional use permit approval, transfer of the case from the chancery court after it concluded that it lacked subject matter jurisdiction because plaintiffs had an adequate remedy at law permitted the court to exercise its discretion to hear the case.
Publication Date: 2023-10-30
Practice Area: Litigation
Industry: Federal Government | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE; Brian R. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department Of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Gurney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansky, Winston & Strawn LLP, New York, NY for defendants.
Case Number: 23-247 (MN)
Applying the four factors enumerated in Pioneer, the court determined that plaintiff's counsel's late filing of an opposition to a motion to dismiss due to his mis-reliance on the rules was not "excusable neglect" and denied his motion to reconsider the court's decision granting the motion to dismiss.
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