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Publication Date: 2022-08-02
Practice Area: Bankruptcy
Industry: Construction | Manufacturing | Mining and Resources
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Garvan F. McDaniel, Daniel K. Hogan, Hogan McDaniel, Wilmington, DE; Stephen W. Tountas, Robert W. Novick, Melissa Barahona, Kasowitz Benson Torres LLP, New York, NY for plaintiff.
for defendant: Mark E. Felger, Simon E. Fraser, Cozen O’Connor, Wilmington, DE; Karen M. Grivner, Clark Hill PLC, Wilmington, DE; Scott N. Schreiber, Michael P. Croghan, Clark Hill PLC, Chicago, IL for defendants.
Case Number: D69909
Motion for leave to appeal bankruptcy court's ruling on the applicable statute of limitations denied where resolution of the issue would not exclude most, if any, of the litigation trustee's fiduciary claims against defendants, and therefore would not materially advance the litigation.
Publication Date: 2022-07-26
Practice Area: Labor Law
Industry: Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Alice T. Swiderski, Newark, DE, pro se plaintiff.
for defendant: Samuel J. Frabizzio, Wilmington, DE for defendant.
Case Number: D69898
Service on law office was not proper where process server left papers with office secretary, without identifying himself or the nature of the papers, and the secretary was not authorized to accept service of process.
Publication Date: 2022-06-21
Practice Area: Administrative Law
Industry: Chemicals and Materials | Distribution and Wholesale | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Matthew J. Rifino, Travis Ferguson, McCarter & English LLP, Wilmington, DE; Jameel S. Turner, James G. Ryan, Bailey Cavalieri LLC, Columbus OH for plaintiff.
for defendant: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Robert M. Vrana, Young Conaway Stargett & Taylor, LLP, Wilmington, DE for defendants.
Case Number: D69858
Constitutional challenges to audit under state escheat law overruled where there was no showing that state would undertake estimation of escheated property held by entity and where seizure of property owned by entities with foreign last known addresses did not violate the foreign commerce clause.
Publication Date: 2022-04-19
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Edmon L. Morton, Matthew B. Lunn, Ashley E. Jacobs, Jared W. Kochenash, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Paul V. Shalhoub, Todd G. Cosenza, Charles D. Cording, Ciara A. Copell, Willkie Farr & Gallagher LLP, New York, NY for appellant.
for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Vincent F. Alexander, Lewis Brisbois Bisgaard & Smith LLP, Fort Lauderdale, FL; Andrew Bluth, Lewis Brisbois Bisgaard & Smith LLP, Sacramento, CA for appellees.
Case Number: D69786
Bankruptcy court did not abuse discretion in sua sponte invoking the permissive abstention doctrine to adjudicate claim objections where doing so would not materially affect administration of the bankruptcy estate and the claim objections largely sought to adjudicate the merits of an underlying litigation that involved the rights of other parties not involved in the bankruptcy proceeding.
Publication Date: 2022-04-19
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Seema Nanda, Solicitor of Labor, Oscar L. Hampton III, Regional Solicitor, Matthew R. Epstein, Trial Attorney, United States Department of Labor, Philadelphia, PA for plaintiff.
for defendant: William D. Sullivan, Sullivan Hazeltine Allinson LLC, Wilmington, DE; Wendel V. Hall, The Hall Law Office, PLLC, Washington, DC for defendants.
Case Number: D69789
The court held the jury verdict that found the employees of a landscaping company were not agricultural employees and that the employer was an employer under the Fair Labor Standards Act such that the employees should have been paid overtime was supported by substantial evidence.
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Publication Date: 2022-04-12
Practice Area: Securities Litigation
Industry: Energy | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Sue L. Robinson, Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Andrew J. Entwistle, Entwistle & Cappucci LLP, Austin, TX; Vincent R. Cappucci, Arthur V. Nealon, Brendan J. Brodeur, Jonathan H. Beemer, Jessica A. Margulis, Entwistle & Cappucci LLP, New York, NY; Marc M. Seltzer, Krysta Kauble Pachman, Susman Godfrey L.L.P., Los Angeles, CA for plaintiffs.
for defendant: A. Thompson Bayliss, April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE; Alan S. Goudiss, K. Mallory Brennan, Shearman & Sterling LLP, New York, NY; Christina E. Myrold, Shearman & Sterling LLP, San Francisco, CA for defendants.
Case Number: D69781
Motion to dismiss Exchange Act violations denied where plaintiffs plausibly alleged that defendant board had acknowledged that a competing merger offer constituted a better value and would provide stockholders with a higher price, and knew at the time of voting to approve another offer that the competing bidder was willing to continue discussing more favorable terms of merger.
Publication Date: 2022-04-05
Practice Area: Medical Malpractice
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Keyona McCreary, Wilmington, DE, pro se plaintiff.
for defendant: David C. Weiss, United States Attorney, Shamoor Anis, Assistant United States Attorney, Wilmington, DE for defendant.
Case Number: D69772
Filing deadlines for Federal Tort Claims Act claim were equitably tolled where plaintiff's counsel had failed to move for reconsideration of the denial of plaintiff's administrative tort claim or to inform plaintiff of the deadline for moving for reconsideration.
Publication Date: 2022-02-01
Practice Area: Antitrust
Industry: Agriculture | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Laura D. Hatcher, Chief, Civil Division, Shamoor Anis, United States Attorney’s Office, Wilmington, DE; Brian Hanna, Jonathan Y. Mincer, Jenigh Garrett, Jill Ptacek, United States Department Of Justice, Antitrust Division, Washington, DC for plaintiff.
for defendant: Jack B. Blumenfeld, Brian P. Egan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence E. Buterman, Latham & Watkins LLP, New York, NY; Amanda P. Reeves, Latham & Watkins LLP, Washington, DC; Elyse M. Greenwald, Latham & Watkins LLP, Los Angeles, CA; Daniel K. Hogan, Daniel C. Kerrick, Hogan McDaniel, Wilmington, DE; Peter J. Schwingler, Stinson LLP, Minneapolis, MN; Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Amanda L. Wait, Vic Domen, Norton Rose Fulbright US LLP, Washington, DC; Darryl Wade Anderson, Norton Rose Fulbright US LLP, Houston, TX; Christine A. Varney, David R. Marriott, Peter T. Parbur, Timothy G. Cameron, Cravath, Swaine & Moore LLP, New York, NY for defendants.
Case Number: D69700
Court declined to transfer government's Clayton Act suit where the government had filed suit in the state of incorporation of the parties to the challenged transaction, where the corporate parties had also agreed to hear claims arising from their transaction, such that the government's of forum was entitled to substantial deference.
Publication Date: 2022-01-18
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Adam W. Poff, Pilar G. Kraman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael D. Specht, Byron L. Pickard, Richard M. Bemben, Daniel S. Block, Sterne, Kessler, Goldstein & Fox, PLLC, Washington, DC for plaintiff.
for defendant: Jack B. Blumenfeld, Megan E. Dellinger, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Sarah Chapin Columbia, McDermott Will & Emery LLP, Boston, MA; Ian B. Brooks, McDermott Will & Emery LLP, Washington, DC; Jiaxiao Zhang, McDermott Will & Emery LLP, Irvine, CA for defendant.
Case Number: D69685
Jury improperly issued a verdict for plaintiff on its Lanham Act false advertising claim, where plaintiff presented no evidence that customers were actually deceived by defendant's alleged false advertising.
Publication Date: 2021-12-07
Practice Area: Bankruptcy
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Michael D. Lynch, Candence B. Lynch, pro se appellants
for defendant: Miami, FL. Victoria A. Guilfoyle, Brian J. Hall, Blank Rome LLP, Wilmington, DE; Mark S. Indelicato, Jeffrey Zawadski, Hahn Hessen LLP, New York, NY for appellee.
Case Number: D69637
Because appellants attempted to re-litigate arguments that were already considered and rejected by the court, their motion to basically re-open their bankruptcy matter failed to satisfy the requirements of either Fed. R. Civ. P. 59(e) or 60(b).
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