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Publication Date: 2024-10-15
Practice Area: Class Actions
Industry: Financial Services and Banking | Agriculture
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Misty A. Seemans, Office of the Public Defender, Wilmington, DE; Marco Simons, Richard Herz, Marissa Vahlsing, Bejamin Hoffman, EarthRights International, Washington, DC; Jonathan Kaufman, Law Office of Jonathan Kaufman, New York, NY; Judith Brown Chomsky, Law Offices of Judith Brown Chomsky, Elkins Park, PA for plaintiffs.
for defendant: Susan Hannigan Cohen, Travis S. Hunter, Alexandra M. Ewing, Richards, Layton & Finger, P.A., Wilmington, DE; Jeffrey T. Green, Green Law Chartered, Bethesda, MD; Marisa S. West, Sidley Austin LLP, Washington, DC for defendant.
Case Number: 17-1494-JFB-SRF
Court approved class action settlement on behalf of farmers where most of the settlement funds went to fund community programs for class members, who constituted economically disadvantaged farmers in developing countries.
Publication Date: 2024-04-15
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
for defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.
Case Number: 22-1582-SRF
Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.
Publication Date: 2024-04-15
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Marc H. Snyder, Rosen Moss Snyder & Bleefeld, LLP, Wilmington, DE for plaintiff.
for defendant: David C. Weiss, United States Attorney, United States Attorney's Office for the District of Delaware, Wilmington, DE; Andrew C. Lynch, Special Assistant United States Attorney; Brian C. O'Donnell, Associate General Counsel; Brittany J. Gigliotti, Office of the General Counsel, Social Security Administration, Baltimore, MD for defendant.
Case Number: 23-350-SRF
The record contained substantial evidence to support an ALJ's determination of claimant's mental limitations, including examination findings within normal limits and claimant's admission that she could perform most tasks of personal care and daily living.
Publication Date: 2024-04-15
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE; David M. Koller, Koller Law, LLC, Philadelphia, PA for plaintiff.
for defendant: Sawyer M. Traver, Devera B. Scott, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE for defendant.
Case Number: 22-1329-SRF
Court dismissed state employee's disability discrimination claim for failure to serve process on the agency and officials he worked for, where service upon the attorney general or state solicitor was in addition to rather than in lieu of service on the named defendants.
Publication Date: 2024-03-18
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Bayard Marin, Daulton Gregory, Marin & Gregory, LLC, Wilmington, DE for plaintiff.
for defendant: Karine Sarkisian, Kennedys CMK LLP, Wilmington, DE for defendants.
Case Number: 23-752-SRF
Court remanded case due to untimely notice of removal as equitable claim within Delaware chancery court's jurisdiction could be heard by federal court sitting in diversity and the applicable insurance policy limit at issue met the amount-in-controversy threshold.
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Publication Date: 2023-10-23
Practice Area: Premises Liability
Industry: Retail
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Michael P. Minuti, McCann Dillon Jaffe & Lamb, LLC, Wilmington, DE; Gardenia L. Brooman, Verlin & Brooman, LLC, Bala Cynwyd, PA for plaintiff.
for defendant: William R. Adams, Dickie McCamey & Chilcote, Wilmington, DE; Sean T. Stadelman, Stephen A. Sheinen, Goldberg Segalla LLP, Philadelphia, PA for defendants.
Case Number: 22-76-SRF
Injured decedent's interrogatory responses were admissible under the residual hearsay exception as they were sufficiently trustworthy due to being made under penalty of perjury and were corroborated by other evidence.
Publication Date: 2023-10-09
Practice Area: Patent Litigation
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 23-365-SRF
Court dismissed patent infringement claim after finding patent was directed to ineligible subject matter where patent merely involved abstract processes capable of being performed by a human or with the assistance of generic technological components.
Publication Date: 2023-06-06
Practice Area: Securities Litigation
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1164-CFC-SRF
Court granted motion for leave to amend securities complaint where no scheduling order had been entered in the case and no defendant had raised a claim that amendment would result in undue prejudice.
Publication Date: 2023-05-23
Practice Area: Securities Litigation
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1164-CFC-SRF
Court granted motion for leave to amend securities lawsuit where the motion was made prior to the issuance of a scheduling order and no defendant argued that the amended pleading was futile or would cause them undue prejudice.
Publication Date: 2023-05-23
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-628-SRF
Court issued judgment awarding for Social Security disability insurance benefits rather than remanding for a fourth administrative hearing due to the excessive delay in resolution of the case caused by repeated deficient analysis by the ALJ, when the record evidence supported finding that plaintiff was disabled.
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