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Publication Date: 2019-11-27
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Matthew G. Summers, Brittany M. Giusini and William J. Burton, Ballard Spahr LLP, Wilmington, DE for plaintiff.
for defendant: Adria B. Martinelli and Allison J. McCowan, Delaware Dep’t of Justice, Wilmington, DE for defendants.
Case Number: D68787
The court allowed plaintiff to file a third amended complaint beyond the time allowed under the scheduling order, but only to the extent that plaintiff was able to allege specific facts relating to the involvement of an additional defendant.
Publication Date: 2019-10-23
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Matthew Jones, Greenwood, DE, pro se plaintiff.
for defendant: N/A
Case Number: D68748
A pro se plaintiff failed to state a valid claim under the Federal Tort Claim Act or for violations of his civil rights.
Publication Date: 2019-09-25
Practice Area: Corporate Governance
Industry: Agriculture | Legal Services | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff:
for defendant:
Case Number: D68717
Plaintiff failed to adequately allege demand futility in connection with his derivative claims, and the statute of limitations barred one fraud claim.
Publication Date: 2019-09-25
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kelly E. Farnan and Christine D. Haynes, Richards, Layton & Finger, P.A., Wilmington, DE; Dominick A. Conde, Christopher P. Borello and Damien N. Dombrowski, Venable LLP, New York, NY for plaintiff.
for defendant: Jack B. Blumenfeld and Jeremy A. Tigan, Morris, Nichols, Arsht & Tunnell LLP,Wilmington, DE; Martin J. Black, Kevin M. Flannery, Robert Ashbrook, Sharon K. Gagliardi, Blake B. Greene and Katherine A. Helm, Dechert LLP, Philadelphia, PA and New York, NY for defendants.
Case Number: D68716
The court denied defendants' motion for judgment as a matter of law and alternative motion for a new trial, because the jury's verdict in this patent infringement matter was supported by the evidence.
Publication Date: 2019-09-25
Practice Area: Constitutional Law
Industry: Real Estate | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Sandra Harmon, Hartsville, SC, pro se plaintiff.
for defendant: Kevin J. Connors and Artemio C. Aranilla, II, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defend-ants.
Case Number: D68713
The county followed all of its procedures regarding the demolition of an unsafe structure and the foreclosure of a lien against plaintiff's property.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2019-09-18
Practice Area: Contractual Disputes
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; Martin J. Black, Joseph J. Gribbin, Luke M. Reilly and Katherine A. Helm, Dechert LLP, Philadelphia, PA and New York, NY for plaintiff.
for defendant: Joel Friedlander, Christopher M. Foulds and Christopher P. Quinn, Friedlander & Gorris, P.A., Wilmington, DE; Benjamin J. Razi, Dennis B. Auerbach and Jon-Michael Dougherty, Covington & Burling LLP, Washington, DC for defendant.
Case Number: D68708
The unambiguous terms of the parties' licensing agreement did not permit defendant to deprive plaintiff of its right to exercise an option for an extension of the contract.
Publication Date: 2019-09-18
Practice Area: Patent Litigation
Industry: Advertising | E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Arthur G. Connolly III, Ryan P. Newell and Kyle Evans Gay, Connolly Gallagher LLP, Wilmington, DE; Jeffrey S. Standley, James Lee Kwak and F. Michael Speed, Jr., Standley Law Group LLP, Dublin, OH for plaintiff.
for defendant: John W. Shaw, Karen E. Keller, David M. Fry and Nathan R. Hoeschen, Shaw Keller LLP, Wilmington, DE; Douglas J. Kline, Srikanth K. Reddy, Molly R. Grammel and Naomi L. Birbach, Goodwin Procter LLP, Boston, MA and New York, NY; Yuval H. Marcus, Cameron S. Reuber, Matthew L. Kaufman and Lori L. Cooper, Leason Ellis LLP, White Plains, NY for defendants.
Case Number: D68707
An expert witness in this patent litigation matter was entitled to present testimony regarding his reasonable royalty calcula-tions, but another expert's lost profits opinion was not based on sufficient reliable information.
Publication Date: 2019-09-18
Practice Area: Patent Litigation
Industry: Entertainment and Leisure
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff:
for defendant:
Case Number: D68702
Expert damages opinion in patent infringement case excluded where expert relied upon conclusion that no non-infringing example existed and therefore rendered calculation of cost to create such an example illogical, and where expert provided an insufficient basis to apportion value to infringing portion of product.
Publication Date: 2019-09-18
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Ricky R. Franklin, pro se plaintiff.
for defendant: Joelle Eileen Polesky of Stradley Ronon Stevens & Young, LLP for defendants.
Case Number: D68705
The court granted summary judgment in favor of defendants regarding this student loan collection matter, except for a limited issue about plaintiff's revocation of consent to receive automated calls on his cellular phone.
Publication Date: 2019-09-11
Practice Area: Labor Law
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Tia Drummond, Newark, DE, pro se plaintiff.
for defendant: Jody Barillare, Morgan Lewis & Bockius LLP, Wilmington, DE, attorney for defendant.
Case Number: D68694
Plaintiff's motion for leave to amend denied where court had dismissed plaintiff's complaint and terminated the case and where plaintiff had not first filed a motion to open the judgment.
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