• Consumer Fin. Prot. Bureau v. The Nat'l Collegiate Master Student Loan Trust

    Publication Date: 2021-04-21
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Consumer Financial Protection Bureau, Washington, DC for plaintiff.
    for defendant: Kurt M. Heyman, Melissa N. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Erik W. Haas, Peter W. Tomlinson, Joshua Kipnees, George A. LoBiondo, Jared Buszin, Devon Hercher, Peter Shakro, Patterson Belknap Webb & Tyler LLP, New York, NY; Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE; Nicholas H. Pennington, Stevens & Lee, P.C., King of Prussia, PA; Stephen B. Brauerman, Jason C. Jowers, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for intervenors.

    Case Number: D69366

    Where CFPB director lacked constitutional authority to initiate an enforcement action, failure of the agency to take diligent action to preserve its enforcement rights meant that ratification by validly appointed director outside the statute of limitation was untimely.

  • State of Delaware v. Wilson

    Publication Date: 2021-04-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Mark A. Denney, Jr., Michael B. Cooksey, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Anthony A. Figiola, Jr., Greto Law, Wilmington, DE for defendant.

    Case Number: D69357

    The court denied defendant's motion for a new trial because the state did not improperly withhold excul-patory evidence and defendant failed to demonstrate any prejudice.

  • Pearson v. Comm'r of Soc. Sec.

    Publication Date: 2020-12-16
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69228

    The administrative law judge's denial of plaintiff's request for disability benefits was supported by substan-tial evidence. Affirmed.

  • In re: LTC Holdings, Inc.

    Publication Date: 2020-09-30
    Practice Area: Bankruptcy
    Industry: Construction | Federal Government | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE; Andrew S. Kent, Chiesa Shahinian & Giantomasi P.C., West Orange, NJ for appellant.
    for defendant: Richard M. Beck, Klehr Harrison Harvey Branzburg, LLP, Wilmington, DE; David T.B. Audley, Matthew T. Benz, Chapman and Cutler LLP, Chicago, IL for appellee.

    Case Number: D69136

    Surety's partial subrogation rights were extinguished by creditor's release and waiver of claim where surety had not yet completed full performance under its bond at the time of release and thus had its subrogation rights subordinated to the creditor.

  • In re THGH Liquidating LLC

    Publication Date: 2020-09-23
    Practice Area: Bankruptcy
    Industry: Federal Government | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph H. Hunt, Assistant Attorney General; David C. Weiss, United States attorney; Ellen W. Sleights, Assistant United States Attorney, Wilmington, DE; Ruth A. Harvey, Lloyd H. Randolph, Seth B. Shapiro, Andrew Warner, Commercial Litigation Branch, U.S. Department of Justice for appellant.
    for defendant: Derek C. Abbott, Curtis S. Miller, Daniel B. Butz, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellees.

    Case Number: D69130

    The government's withholding of Medicare payments after debtors filed bankruptcy was a violation of the automatic stay.

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  • Scalia v. Local 1694, Int'l Longshoremen's Ass'n

    Publication Date: 2020-08-19
    Practice Area: Labor Law
    Industry: Cargo and Shipping | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: David C. Weiss and Jesse S. Wenger, U.S. attorney’s office for plaintiff.
    for defendant: Lance Geren and Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.

    Case Number: D69091

    The court denied a motion to dismiss, because the complaint adequately alleged that a labor organization did not uniformly enforce an eligibility rule involving candidates running for union elections.

  • In re: Affirmative Ins. Holdings Inc.

    Publication Date: 2020-08-12
    Practice Area: Bankruptcy
    Industry: Federal Government | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Richard E. Zuckerman, Principal Deputy Assistant Attorney General; Christopher J. Williamson and Ward W. Benson, Tax Division, U.S. Department of Justice, Washington, DC for appellant.
    for defendant: Jeffrey L. Moyer, Travis S. Hunter, and Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE for appellee.

    Case Number: D69080

    Bankruptcy court erred in attempting to bifurcate corporate income taxes from a straddle year when tax law provided that annual income taxes only accrued and became liable on the last day of the tax year.

  • Downey v. United States

    Publication Date: 2020-07-01
    Practice Area: Government
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69031

    Pro se relator could not pursue False Claims Act claim as the claim belonged to the United States and pro se litigants could not represent thirdparties.

  • Watson v. Saul

    Publication Date: 2020-06-10
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: Heather Benderson, Social Security Admin., Office of General Counsel, Philadelphia, PA for defendant.

    Case Number: D69012

    The court remanded this Social Security disability matter, because the administrative law judge failed to include all of plaintiff's credibly established mental limitations in the hypothetical questions posted to the vocational expert.

  • United States v. Sabre Corp.

    Publication Date: 2020-04-22
    Practice Area: Antitrust
    Industry: Federal Government | Technology Media and Telecom | Travel and Tourism
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: David C. Weiss, Laura D. Hatcher, Shamoor Anis, United States Dep’t of Justice, Wilmington, DE; Julie S. Elmer, Scott A. Westrich, Sarah P. McDonough, Robert A. Lepore, Aaron Comenetz, Brian E. Hanna, Craig W. Conrath, Dylan M. Carson, Rachel A. Flipse, Michael T. Nash, Jeremy P. Evans, Vittorio Cottafavi, Seth J. Wiener, John A. Holler, Grant A. Bermann and Katherine A. Celeste, United States Dep’t of Justice, Washington, DC for plaintiff.
    for defendant: Joseph O. Larkin, Veronica A. Bartholomew, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Tara L. Reinhart, Steven C. Sunshine, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC; Matthew M. Martino, Michael H. Meni-tove and Evan R. Kreiner, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY for Sabre defendants. Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Kenneth A. Gallo, Jonathan S. Kanter, Joseph J. Bial and Daniel J. Howley, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, DC for defendants Farelogix Inc. and Sandler Capital Partners V, LP.

    Case Number: D68956

    The government failed to demonstrate a relevant market in this case involving companies that provided airline booking ser-vices, so the court allowed the merger to proceed.