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Publication Date: 2020-04-15
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
for defendant: David C. Weiss, United States Attorney; Heather Benderson, Eric P. Kressman and Melissa K. Curry, Office of the General Counsel, Social Security Administration, Philadelphia, PA for defendant.
Case Number: D68948
A decision by an administrative law judge was not supported by substantial evidence, so the court remanded for further con-sideration of issues relating to plaintiff's residual functional capacity and whether she was able to work on a regular and contin-uing basis.
Publication Date: 2020-04-08
Practice Area: Intellectual Property
Industry: Entertainment and Leisure | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Timothy Devlin and James Lennon, Devlin Law Firm LLC, Wilmington, DE for plaintiff.
for defendant: Elizabeth Sloan, Ballard Spahr LLP, Wilmington, DE; David Grossman, Loeb & Loeb LLP, Los Angeles, CA for defendants.
Case Number: D68937
Plaintiff failed to state a claim for direct copyright infringement because no substantial similarity existed between plaintiff's work and that of defendant. Plaintiff's work was not entitled to moral rights protection, because it was not a work of visual art.
Publication Date: 2020-04-08
Practice Area: Wrongful Death
Industry: Aerospace | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Joseph J. Farnan, Jr., Joseph J. Farnan, III, Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; Cynthia M. Devers, The Wolk Law Firm, Philadelphia, PA for plaintiffs.
for defendant: Paul M. Lukoff and Andrea Brooks, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE; Sherri R. Ginger, Mark B. Roberts and Timothy A. Heisterhagen, Armbrecht Jackson LLP, Mobile, AL for defendant.
Case Number: D68938
The statute of repose under the General Aviation Revitalization Act preluded plaintiffs' claim against the manufacturer of an aircraft part.
Publication Date: 2020-03-25
Practice Area: Patent Litigation
Industry: Travel and Tourism
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Neal C. Belgam and Eve H. Ormerod, Smith, Katzenstein & Jenkins, LLP, Wilmington, DE; Stefan v. Stein and Cole Carson, GrayRobinson, P.A. Tampa, FL for plaintiff.
for defendant: Pilar G. Kraman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Edward A. Pennington, John P. Moy, John P. Pennington, and Darlene K. Tzou, Smith, Gambrell & Russell LLP, Washington, DC for defendant.
Case Number: D68918
Motion for attorneys' fees pursuant to the "exceptional case" standard for patent infringement cases denied where plaintiff's patent, although directed to a non-inventive concept, was not indicative of an exceptionally meritless claim, and where plaintiff's litigation conduct was not conclusively indicative of vexatious litigation conduct.
Publication Date: 2020-03-18
Practice Area: Civil Rights
Industry:
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: Stephen M. Ferguson, Delaware Dep’t of Justice, Wilmington, DE for the state.
Case Number: D68915
Inmate failed to satisfy the requirements for a preliminary injunction preventing his transfer to another correctional facility.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2020-02-26
Practice Area: Products Liability
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Augustus Hebrew Evans, Jr., James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
for defendant: Todd C. Schlitz, Drinker Biddle & Reath, LLP, Wilmington, DE; Daniel J. Brown and Hayley J. Reese, McCarter & English, LLP Wilmington, DE for defendants.
Case Number: D68888
Plaintiff's product liability claim against brand name pharmaceutical manufacturer for alleged adverse side effects from the drug failed where plaintiff's claims were barred by the learned intermediary doctrine as plaintiff failed to allege how additional warnings from defendants would have changed plaintiff's physicians' decision to prescribe the medication.
Publication Date: 2020-02-26
Practice Area: Business Torts
Industry: Hospitality and Lodging
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE; D. Michelle Douglas, Kalbian Hagerty LLP, Washington, DC for plaintiff.
for defendant: Kevin J. Connors and Marshall Dennehey, Warner Coleman & Goggin, Wilmington, DE for Wyndham defendants. Stephen B. Brauerman and Emily A. Letcher, Bayard, P.A., Wilmington, DE for defendant Özdilek.
Case Number: D68890
The court granted motions to dismiss two parties based on lack of personal jurisdiction. Although some factors supported dis-missal based on forum non conveniens, those factors did not outweigh the deference to plaintiff's choice of forum.
Publication Date: 2020-02-26
Practice Area: Contractual Disputes
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Phanendra B. Gottipati, Townsend, DE, pro se plaintiff.
for defendant: Baddam Mounika, Bear, DE and Kotha Ramana, Chadds Ford, PA, pro se defendants.
Case Number: D68889
The complaint did not allege complete diversity among the parties and the requirement for the amount in controversy was not met, so the court dismissed this case without prejudice due to lack of subject matter jurisdiction.
Publication Date: 2020-02-26
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Pablo Damiani-Melendez, pro se petitioner.
for defendant: Brian L. Arban, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.
Case Number: D68887
Petition for writ of habeas corpus denied as untimely as there was not enough time that could be equitably tolled from the limitations to render timely a petition filed three years after conviction became final.
Publication Date: 2020-02-05
Practice Area: Contractual Disputes
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Neal J. Levitsky, Seth A. Niederman and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE; Spencer Hall, Spencer Hall PLLC, Seattle, WA for plaintiff.
for defendant: Stacey A. Scrivani and Joseph Wolfson, Stevens & Lee, P.C., Wilmington, DE and Philadelphia, PA for defendants.
Case Number: D68868
A party waived the right to seek relief for a contractual breach because it did not strictly comply with the notice requirements set forth in the parties' agreement.
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