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Publication Date: 2023-07-24
Practice Area: Trademarks
Industry: Consumer Products | Electronics | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1809
District court did not abuse its discretion by granting default judgment where defendants engaged in culpable, dilatory conduct that included losing multiple law firms due to failure to cooperate or pay and repeatedly submitting untimely responses to discovery request, causing substantial delay in the litigation that prejudiced plaintiff.
Publication Date: 2023-07-24
Practice Area: Damages
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff: Aubre Dean, Kevin A. Meehan, Juan O. Perla, Joseph D. Pizzurro, and Allesandra D. Tyler, Curtis Mallet-Prevost Colt & Mosle, New York, NY for appellant.
for defendant: Jonathan M. Albano, Christopher L. Carter, Morgan Lewis & Bockius, Boston, MA; Jody C. Barillare, Morgan Lewis & Bockius, Wilmington, DE; James D. Nelson, David B. Salmons, Morgan Lewis & Bockius, Washington, DC; Laura D. Jones, Peter J. Keane, Pachulski Stang Ziehl & Jones, Wilmington, DE; Robert H. Poole, II, Alston & Bird, Atlanta, GA; Rajat Rana, Alexander A. Yanos, Alston & Bird, New York, NY; Joshua S. Bolian, Riley & Jacobson, Nashville, TN; Marie McManus Degnan, Ashby & Geddes, Wilmington, DE; James E. Berger, DLA Piper, New York, NY; R. Craig Martin, DLA Piper, Wilmington, DE; Katherine G. Connolly, Norton Rose Fulbright, Los Angeles, CA; Matthew H. Kirtland, Norton Rose Fulbright, Washington, DC; Kevin J. Mangan, Stephanie S. Riley, Matthew P. Ward, Womble Bond Dickinson, Wilmington, DE; Ginger D. Anders, Kathleen A. Foley, Elaine J. Goldenberg, Donald B. Verrilli, Jr., Sarah Weiner, Munger Tolles & Olson, Washington, DC for appellees.
Case Number: 23-1647
Despite Venezuela's opposition leader being recognized by the U.S. as the legitimate leader of the Venezuelan government, the continued exercise of extensive control by the opposition leader and his rival over Venezuela's national oil company meant the company continued as the alter ego of Venezuela and its assets remained subject to attachment to satisfy Venezuela's judgment debts.
Publication Date: 2023-07-24
Practice Area: Labor Law
Industry: Investments and Investment Advisory | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
for defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.
Case Number: 21-2801
Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.
Publication Date: 2023-07-24
Practice Area: Patent Litigation
Industry: Consumer Products | Electronics
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Counsel: Jimmy C. Chong, Chong Law Firm, PA, Wilmington, DE; Ronald W. Bums, Frisco, Texas for plaintiff.
for defendant: Alan Richard Silverstein, Connolly Gallagher LLP, Wilmington, DE; Mark K. Suri, Hinshaw & Culbertson LLP, Chicago, IL; Jeremy Douglas Anderson, Fish & Richardson, P.C., Wilmington, DE; Ricardo J. Bonilla, Fish & Richardson, P.C., Dallas, TX for defendants.
Case Number: 22-572-CFC
The court's inherent power to manage its docket and orderly and expeditiously dispose of cases extends to requiring nonparty out-of-state witnesses to personally appear before the court.
Publication Date: 2023-07-24
Practice Area: Civil Procedure
Industry: Agriculture | Biotechnology
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs/counter-defendants.
for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant/counter-plaintiff.
Case Number: 20-1170-RGA
Finding that the plaintiffs/counter defendants would suffer legal prejudice if the remaining counterclaims were dismissed without prejudice, the court dismissed the remaining counterclaims with prejudice.
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Publication Date: 2023-07-24
Practice Area: Business Torts
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.
Case Number: N23C-01-180 FWW
Insurance agent's professional negligence claims against insurance provider arising from the agent's termination by his client failed where agent could not allege a duty of care by the provider, which had no reason to know that the agent's continued retention by his client would be conditioned on the provider's performance under the insurance policy.
Publication Date: 2023-07-17
Practice Area: Bankruptcy
Industry: Automotive | Insurance | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Stanley B. Tarr, Blank Rome LLP, Wilmington, DE; David J. Molton, Gerard T. Cicero, Brown Rudnick LLP, New York, NY; Kami E. Quinn, Emily P. Grim, Sarah A. Sraders, Gilbert LLP, Washington, DC for appellant.
for defendant: Evan T. Miller, Daniel N. Brogan, Steven D. Adler for appellee.
Case Number: 17-11375 (BLS)
Bankruptcy court correctly dismissed adversary proceeding that was essentially an insurance coverage dispute, rendering the matter a non-core proceeding that was also subject to a forum selection clause in the underlying insurance policy.
Publication Date: 2023-07-17
Practice Area: Securities Litigation
Industry: Insurance | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Joseph D. Daley, Robbins Geller Rudman & Dowd, San Diego, CA; Peter S. Pearlman, Cohn Lifland Pearlman Herrmann & Knopf, Saddle Brook, NJ; Daniel J. Pfefferbaum, Shawn A. Williams, Robbins Geller Rudman & Dowd, San Francisco, CA; Douglas Wilens, Robbins Geller Rudman & Dowd, Boca Raton, FL for appellant.
for defendant: David D. Cramer, Tricia B. O’Reilly, Walsh Pizzi O’Reilly & Falanga, Newark, NJ; Maeve L. O’Connor, Susan R. Gittes, Aasiya F.M. Glover, Debevoise & Plimpton, New York, NY for appellees.
Case Number: 21-1147
Stockholder sufficiently alleged false or misleading corporate statements where life insurance company reported normal or slightly negative mortality experience only weeks prior to announcing massive increase in reserves, and stockholder had confidential internal information indicating the company had already been contemplating increasing reserves.
Publication Date: 2023-07-17
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Investments and Investment Advisory | Transportation
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Bruce Birenboim, Jaren Janghorbani, Paul A. Paterson, Kristina A. Bunting, Jonathan C. Day, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY for plaintiffs.
for defendant: Daniel M. Silver, Sarah E. Delia, Travis J. Ferguson, Shannon D. Humiston, McCarter & English, LLP for defendant.
Case Number: 2022-0690-PAF
Although parties entered binding acquisition agreement, buyer was not obligated to close where seller had yet to meet condition precedent to obtain agreements from all its stockholders to tender their equity.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Mark A. Hammervold, Daniel Kotchen, Kotchen & Low, Washington, DC for appellant.
for defendant: Kenneth Gage, Daniel Richards, Paul Hastings, New York, NY for appellee.
Case Number: 21-1365
Non-applicability of American Pipe tolling did not preclude a class action plaintiff from asserting wrong-forum tolling to render their claim timely under the expired statute of limitations.
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