• United States v. Cooper

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Michael F. McTaggart, U.S. Attorney's Office, Wilmington, DE for plaintiff.
    for defendant: Eleni Kousoulis, Janet Bateman, Public Federal Defender's Office, Wilmington, DE for defendant.

    Case Number: 23-004

    Possession of firearm by felon statute was constitutional as applied to defendant previously convicted of drug distribution offenses, as it was consistent with the historical tradition of disarming individuals who posed a threat to public safety, while defendant lacked standing to challenge the statute's constitutionality as he was ineligible to possess firearms on state probation.

  • Weller v. Morris James LLP

    Publication Date: 2023-12-11
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: William W. Weller, Middletown, DE, appellant pro se.
    for defendant: Jennifer C. Jauffret, Richards, Layton & Finger, P.A., Wilmington, DE; Victoria W. Counihan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellees.

    Case Number: N23A-03-007 FWW

    Unemployment benefits claim was properly denied where worker received one year's worth of wages as a final payment upon separation from employment, meaning that the worker was not economically insecure and in need of unemployment compensation.

  • Boatright v. State Farm Ins. Co.

    Publication Date: 2023-12-11
    Practice Area: Discovery
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joel H. Fredricks, Gary S. Nitsche, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiffs.
    for defendant: Jospeh J. Bellew, Gordon Rees Scully Mansukhani, LLP Wilmington, DE for defendants.

    Case Number: N20C-11-022 CEB

    Court denied motion to compel production of insurance company file where plaintiffs failed to show a likelihood that the file contained discoverable information or prove that the apparent inadvertent commingling of documents between the file and an already-produced file waived any confidentiality in the first.

  • Oasis Tooling Inc. v. Siemens Indus. Software, Inc.

    Publication Date: 2023-12-04
    Practice Area: Patent Litigation
    Industry: Electronics | Manufacturing | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Paul J. Andre, Lisa Kobialka, James Hannah, Timothy Layden, Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA; Aaron M. Frankel, Cristina L. Martinez, Kramer Levin Naftalis & Frankel LLP, New York, NY for plaintiff.
    for defendant: Karen Jacobs, Cameron P. Clark, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John D. Vandenberg, Kristin L. Cleveland, Mark W. Wilson, Klarquist Sparkman, LLP, Portland, OR; Kristina R. Cary, Kirkland & Ellis LLP, Boston, MA; Gregg F. LoCascio, P.C., Michael A. Pearson, Jr., Matthew J. McIntee, Kirkland & Ellis LLP, Washington, DC; Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Clement Naples, Latham & Watkins LLP, New York, NY; Gabriel K. Bell, Latham & Watkins LLP, Washington, DC; Thomas W. Yeh, Latham & Watkins LLP, Los Angeles, CA; Brett M. Sanford, Daniel S. Todd, Latham & Watkins LLP, San Francisco, CA for defendants.

    Case Number: 22-151-CJB

    Court rejected assertion that patent claims were indefinite where intrinsic record provided enough explanation for a person of ordinary skill in the art to understand the scope of the claim and when a product would fall within that scope.

  • Cent. States, Se. & Sw. Areas Pension Fund v. Laguna Dairy

    Publication Date: 2023-12-04
    Practice Area: Labor Law
    Industry: Agriculture | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Hughes
    Attorneys: For plaintiff: William D. Sullivan, Sullivan Hazeltine Allison LLC, Wilmington, DE; Andrew J. Henrik, Sullivan Hazeltine Allison LLC, Rosemont, IL for plaintiffs.
    for defendant: Rudolf Koch, Jason J. Rawnsley, Richards, Layton & Finger, P.A., Wilmington, DE; James L. Bromley, Andrew J. Finn, Zachary R. Ingber, Sullivan & Cromwell LLP, New York, NY for defendants.

    Case Number: 22-1135-TMH

    Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.

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  • Teamsters Local 443 Health Serv. & Ins. Plan v. Chou

    Publication Date: 2023-12-04
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Gregory V. Varallo, Glenn R. McGillivray, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Ned Weinberger, Mark D. Richardson, Labaton Sucharow LLP, Wilmington, DE; Christine M. Mackintosh, Rebecca A. Musarra, Grant & Eisenhofer P.A., Wilmington, DE; Christopher J. Orrico, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Frank Schirripa, Hach Rose Schirripa & Cheverie LLP, New York, NY; Nathaniel L. Orenstein, Steven L. Groopman, Berman Tabacco, Boston, MA for plaintiffs.
    for defendant: William M. Lafferty, D. McKinley Measley, Thomas P. Will, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; F. Joseph Warin, Jonathan M. Phillips, Courtney M. Brown, Gibson, Dunn & Crutcher LLP, Washington, DC for defendant.

    Case Number: 2019-0816-SG

    Court dismissed derivative complaint where single-member special litigation committee conducted adequate review of the worthiness of the litigation and its conclusions were sufficiently supported by evidence, and there was an insufficient basis to question the single member's independence from other board members potentially facing liability.

  • Taylor v. Killen

    Publication Date: 2023-12-04
    Practice Area: Products Liability
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Joel H. Fredricks, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiff.
    for defendant: Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE; Joseph J. Bellew, Joseph E. Brenner, Gordon Rees Scully Mansukhani LLP, Wilmington, DE for defendants.

    Case Number: N22C-03-068 CLS

    Service upon foreign corporation was ineffective where service upon its domestic subsidiary could not impute notice of the action and mailing service of process to the foreign corporation did not comply with the requirements of the Hague Convention.

  • TQ Delta LLC v. Comcast Cable Commc'ns LLC

    Publication Date: 2023-12-04
    Practice Area: Patent Litigation
    Industry: Entertainment and Leisure | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 15-611-GBW

    Court granted leave to supplement damages expert report where, although supplementation would cause defendants to incur additional discovery expenses, there would be no delay of trial and the report was critical to plaintiff's ability to prove damages at trial.

  • United States v. Junius

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Smith
    Attorneys: For plaintiff: Joanne M. Heisey, Federal Community Defender Office for the Eastern District of Pennsylvania, Capital Habeas Unit, West Philadelphia, PA; Brett G. Sweitzer, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA for appellants.
    for defendant: Bernadette A. McKeon, Robert A. Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 22-2208

    Defendants were ineligible for sentencing reductions under the First Step Act where the Fair Sentencing Act only reduced mandatory minimum sentencing thresholds for certain drug possession offenses, but did not affect sentencing for drug-related murder convictions even though such convictions required a predicate drug offense.

  • Lewis v. Tyler Tech.

    Publication Date: 2023-12-04
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Racquel Lewis, Wilmington, DE, pro se plaintiff.
    for defendant:

    Case Number: 23-296-RGA

    Court dismissed complaint where underlying alleged incident could not conceivably give rise to any cause of action.