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  • Acceleration Bay LLC v. Activision Blizzard, Inc.

    Publication Date: 2022-11-08
    Practice Area: Patent Litigation
    Industry: E-Commerce | Entertainment and Leisure | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; James R. Hannah, Paul J. Andre, Lisa Kobialka, Kramer Levin Naftalis & Frankel LLP, Menlo Park, CA; Aaron M. Frankel, Kramer Levin Naftalis & Frankel LLP, New York, NY for plaintiff.
    for defendant: Jack B. Blumenfeld, Cameron P. Clark, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Aaron E. Hankel, B. Trent Webb, John Garretson, Jordan T. Bergsten, Maxwell C. McGraw, Shook Hardy & Bacon LLP, Kansas City, MO for defendant.
    Case Number: 16-453-RGA

    Doctrine of equivalents claim was collaterally estopped where plaintiff had unsuccessfully attempted in another suit to attempt to read out claim elements to prove that product function in both cases satisfied a claim limitation under the doctrine.

  • In re: Veale

    Publication Date: 2022-11-08
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Sean A. Meluney, Matthew D. Beebe, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE for appellant.
    for defendant: Peter K. Schaeffer, Jr., Avenue Law, Dover, DE for appellee.
    Case Number: 21-10418-BLS

    Creditor's complaint seeking to declare personal guaranty nondischargeable in bankruptcy dismissed where creditor failed to allege facts to support that borrower or guarantor intentionally made misrepresentations concerning the state of borrower's business or guarantor's individual financial situation.

  • Election Sys. & Software, LLC v. Smartmatic USA Corp.

    Publication Date: 2022-11-08
    Practice Area: Patent Litigation
    Industry: Software | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Patricia S. Rogowski, Rogowski Law, LLC, Wilmington, DE; Robert M. Evans, Michael J. Hartley. Michael H. Durbin, Lewis Rice, LLP, St. Louis, MO for plaintiff.
    for defendant: Brian A. Briggs, Angela C. Whitesell, DLA Piper, LLP, Wilmington, DE; Larissa S. Bifano, DLA Piper, LLP, Boston, MA; Richard Mulloy, DLA Piper, LLP, San Diego, CA; Zachary Loney, DLA Piper, LLP, Austin, TX for defendant.
    Case Number: 18-cv-01259-RGA

    Motion for leave to amend was denied as futile where proposed claim of invalidity due to nonjoinder of inventors failed to allege specific facts to describe how the unnamed inventors participated in conceiving of the inventor or how they collaborated with the named inventor.

  • Vermeer v. Univ. of Delaware

    Publication Date: 2022-09-20
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew F. Boyer, Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE; R. Scott Oswald, Adam Augustine Carter, The Employment Law Group, P.C., Washington, DC for plaintiff.
    for defendant: James D. Taylor, Jr., Jessica M. Jones, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
    Case Number: 21-1500-RGA

    Plaintiff plausibly alleged sex discrimination from denial of tenure where she alleged that university granted tenure to two male applicants while imposing higher qualification standards upon plaintiff than were articulated in the faculty handbook.

  • Tolliver v. Thompson

    Publication Date: 2022-08-23
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
    for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Christina J. Pross, Marinosci Law Group, Wilmington, DE for defendants.
    Case Number: D69929

    Fair Debt Collection Practices Act and Fair Credit Reporting Act claims arising from inaccurate reporting of loan account status failed as a matter of law where the alleged inaccurate reporting was not made to collect a debt and plaintiff never filed a notice of dispute against the information.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Overington v. Fisher

    Publication Date: 2022-08-23
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kari Lynn Overington, Milton, DE, pro se plaintiff.
    for defendant: George Thomas Lees III, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.
    Case Number: D69933

    First Amendment claim could be levied against government officials where the claim alleged that regulations on the content of vehicle plate licensing were placed in the unfettered discretion of government officials.

  • In re: TPC Group. Inc.

    Publication Date: 2022-08-09
    Practice Area: Bankruptcy
    Industry: Energy | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jennifer Selendy, Andrew R. Dunlap, Oscar Shine, Max H. Siegel, Selendy Gay Elsberg PLLC, New York, NY; Laura Davis Jones, Timothy P. Cairns, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for appellants.
    for defendant: James R. Prince, Kevin Chiu, Baker Botts LLP, Dallas, TX; Scott R. Bowling, Baker Botts LLP, New York, NY; David R. Eastlake, Lauren N. Randle, Baker Botts LLP, Houston, TX; Robert J. Dehney, Curtis S. Miller, Daniel B. Butz, Matthew 0. Talmo, Brian Loughnane, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Kristopher M. Hansen, Kenneth Pasquale, Jonathan D. Canfield, Paul Hastings LLP, New York, NY; Matthew B. Lunn, Robert F. Poppiti, Jr., Young Conaway Stargatt & Taylor, LLP for appellees.
    Case Number: D69911

    Emergency stay of bankruptcy court's adverse grant of judgment in adversary proceeding denied where appellants were unlikely to prevail on the merits of their appeal and where harm to Chapter 11 debtor outweighed the harm that might come from the reduction of appellants' claims.

  • Gary v. Deluxe Corp.

    Publication Date: 2022-08-09
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Constance Gary, New Castle, DE, pro se plaintiff.
    for defendant: Alessandra Glorioso, Jillian Kornblatt, Trevor Brown, Dorsey & Whitney (Delaware) LLP for defendant.
    Case Number: D69917

    Employee's defamation claim allowed to proceed where employee alleged that rumors were being spread around the workplace by one or more co-workers, which was sufficient allegation to state a claim of vicarious liability against the employer.

  • MHL Custom, Inc. v. Waydoo USA, Inc.

    Publication Date: 2022-07-26
    Practice Area: Patent Litigation
    Industry: Entertainment and Leisure | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; Dennis D. Murrell, Robert J. Theuerkauf, Daniel W. Redding, Middleton Reutlinger; Louisville, KY for plaintiff.
    for defendant: Kelly E. Farnan, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; Edgar H. Haug, Robert E. Colletti, Roman Khasidov, Mark Basanta, Haug Partners LLP, New York, NY for defendants.
    Case Number: D69897

    Patent term referring to "static stability" was not indefinite where the term had a definite meaning that was well-understood within the art.

  • Zenon v. Dover Downs, Inc.

    Publication Date: 2022-07-26
    Practice Area: Labor Law
    Industry: Entertainment and Leisure | Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69899

    Court granted motion to compel arbitration where claimant's challenges to the conscionability of an arbitration agreement had to be resolved by an arbitration pursuant to the agreement's delegation clause, where claimant was not contesting the enforceability of the delegation clause.