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Publication Date: 2024-11-26
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Transportation
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11069 (CTG)
Court denied reconsideration of decision upholding Pension Benefit Guaranty Corporation regulations where statutory law granted the agency authority to issue regulations under the American Rescue Plan Act and the issued regulations were consistent with the Act's statutory limitations on federal funds, which could apply to third parties receiving the funds.
Publication Date: 2024-11-26
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Charles Crest, petitioner pro se.
for defendant: Alexander P. Ibrahim, Assistant United States Attorney, United States Department of Justice, Wilmington, DE for defendant.
Case Number: 20-55-RGA
Court denied 28 U.S.C. §2255 motion where defendant knowingly and voluntarily entered plea agreement containing appeal waiver similar to others regularly upheld by the court and where the agreement obtained a highly favorable sentence for defendant.
Publication Date: 2024-11-26
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Andre Murray, petitioner pro se;
for defendant: Elizabeth R. McFarlan, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.
Case Number: 21-1440-GBW
Habeas claims arising from state supreme court's reversal of the state trial court's grant of suppression rejected as defendant failed to provide cause for his failure to properly present those claims to the supreme court and ultimately waived them by pleading guilty.
Publication Date: 2024-11-26
Practice Area: Corporate Governance
Industry: Manufacturing | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Antranig Garibian, Garibian Law Offices, P.C., Wilmington, DE; T.J. Jesky, Law Office of T.J. Jesky, Chicago, IL for plaintiffs.
for defendant: Ryan D. Stottmann, Emily C. Friedman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendant.
Case Number: 23-435-CJB
Forum selection clause in corporate bylaws designating chancery court as exclusive forum covered putative stockholder's claims seeking to order corporation to reissue their stock certificate.
Publication Date: 2024-11-26
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Julie Johnson, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
for defendant: Zachary A. George, Hudson Jones Jaywork & Fisher, LLC, Dover, DE for defendant.
Case Number: 2311001498
Court upheld validity of anticipatory search warrant based on package containing drugs addressed to defendant's address where the package was certain to reach defendant's home and the warrant established conditions precedent for entry into the home.
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Publication Date: 2024-11-26
Practice Area: Labor Law
Industry: Federal Government
Court: Delaware Superior Court
Judge: Judge Winston
Attorneys: For plaintiff: Elizabeth Sullivan, appellant pro se;
for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.
Case Number: N23A-09-004 PAW
Court reversed and remanded Unemployment Insurance Appeal Board's denial of former employee's unemployment benefits claim where the employer failed to respond or appear in the action.
Publication Date: 2024-11-26
Practice Area: Contracts
Industry: Consumer Products | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Elizabeth Wilburn Joyce, Pickney Weidinger, Urban & Joyce LLC, Wilmington, DE for plaintiff.
for defendant: D. McKinley Measley, Esquire Morris, Nichols, Arsht, & Tunnell LLP, Wilmington, DE, attorney for defendant.
Case Number: 2024-0283-MTZ
Court converted motion to dismiss into one for summary judgment and granted the parties leave to agree on a discovery/briefing schedule where defendants' motion to dismiss was accompanied by exhibits not integral to nor incorporated by reference into plaintiff's complaint.
Publication Date: 2024-11-26
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3190
Hostile work environment claims failed where plaintiff failed to show employer knew or should have known about harassing conduct by employees and where the record demonstrated that employer offered an avenue for employees to report harassment.
Publication Date: 2024-11-19
Practice Area: Bankruptcy
Industry: Cargo and Shipping | Transportation
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11069 (CTG)
Pension Benefit Guaranty Corporation had statutory authority to issue regulations restricting the use of federal funds provided as special financial assistance to distressed pension plans for affecting employers' ERISA withdrawal liability.
Publication Date: 2024-11-19
Practice Area: Medical Malpractice
Industry: Health Care | State and Local Government
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Raj Srivatsan, The Igwe Firm, Wilmington, DE for plaintiffs.
for defendant: Lindsey E. Imbrogno, Balaguer, Milewski, & Imbrogno LLP, Wilmington, DE for defendants.
Case Number: N21C-05-082 VLM
Court dismissed plaintiffs' defamation claim, finding that medical providers were entitled to immunity as mandatory reporters under the Child Abuse Prevention Act as plaintiffs failed to overcome the presumption that the providers filed reports with Division of Family Services in good faith.
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