Don’t forget you can visit MyAlerts to manage your alerts at any time.
Publication Date: 2023-03-28
Practice Area: Contractual Disputes
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Steven P. Wood, Andrew S. Dupre, Travis J. Ferguson, McCarter & English, LLP, Wilmington, DE for appellant.
for defendant: Kevin M. Gallagher, Caroline M. McDonough, Richards, Layton & Finger, P.A., Wilmington, DE; Sarah A. Zielinski, Amy Starinieri Gilbert, McGuire Woods LLP, Chicago, IL for appellee.
Case Number: D70175
Chancery court correctly interpreted use of "and" in call right provision in employee option agreements as being several rather than conjunctive, where "and" was used in a permissive sentence and a conjunctive interpretation would render other provisions of the agreement surplusage.
Publication Date: 2023-03-28
Practice Area: Patent Litigation
Industry: Biotechnology | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Regina S.E. Murphy, Barnes & Thornburg, LLP, Wilmington, DE; D . Clay Holloway, Mitchell Stockwell, Courtney S. Dabbiere, Kilpatrick Townsend & Stockton, LLP, Atlanta, GA; Dario A. Machleidt, Christopher P. Damitio, Kathleen R.Geyer, Kilpatrick Townsend & Stockton, LLP, Seattle, WA; Taylor J. Pfingst, Kilpatrick Townsend & Stockton, LLP, Los Angeles, CA; Andrew W. Rinehart, Kilpatrick Townsend & Stockton, LLP, Winston-Salem, NC for plaintiff.
for defendant: Jeremy Tigan, Brian P. Egan, Cameron P. Clark, Morris Nichols Arsht & Tunnell, LLP, Wilmington, DE; Jonathan G. Graves, Joseph E. Van Tassel, Cooley LLP, Reston, VA; Adam M. Pivovar, Cooley, LLP, Washington, DC; Alissa M. Wood, Cooley LLP, Palo Alto, CA; Chad T. Nitta, Jason S. Jackson, Heather N Tilley, Kutak Rock, LLP, Denver, CO for defendants.
Case Number: D70177
The court conducted a detailed analysis of claim construction terms in a patent litigation matter concerning spinal surgeries and deformities.
Publication Date: 2023-03-28
Practice Area: Employment Litigation
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Dennis Dizon, pro se plaintiff.
for defendant: Kaan Ekiner, Cozen O’Connor, Wilmington DE for defendant.
Case Number: D70181
The court granted defendant's motion to compel arbitration on the basis that the arbitration agreement was clear and unambiguous. Although plaintiff argued that the agreement was unconscionable as it was signed as a precondition to his employment, the court disagreed and pointed out that courts routinely enforce arbitration agreements that are a precondition to employment.
Publication Date: 2023-03-28
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Primos
Attorneys: For plaintiff: Stephen R. Welch, Jr., Deputy Attorney General, Department of Justice, Dover DE for plaintiff.
for defendant: Suzanne Macpherson-Johnson, Office of Defense Services, Dover, DE for defendant.
Case Number: D70176
Court invoked doctrine of jury lenity to allow operating vehicle causing death conviction to stand despite jury's failure to reach verdict on inattentive driving charge where the statute did not expressly require a conviction under the motor vehicle code and the evidence was sufficient to support a conviction.
Publication Date: 2023-03-28
Practice Area: Patent Litigation
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Timothy Devlin, Peter A. Mazur, Devlin Law Firm LLC, Wilmington, DE; W. Cook Alciati, Chad E. Ziegler, Gardella Grace, P.A., Washington, DC; Olivia E. Marbutt, Kent & Risley LLC, Alpharetta, GA for plaintiff.
for defendant: John W. Shaw, Karen E. Keller, Nathan R. Hoeschen, Shaw Keller LLP, Wilmington, DE; J.C. Rozendaal, Byron L. Pickard, Michael E. Joffre, Anna G. Phillips, William H. Milliken, Robert E. Niemeier, Deirdre M. Wells, Sterne, Kessler, Goldstein & Fox PLLC, Washington, DC; Jean Paul Y. Nagashima, Frost Brown Todd LLC, Washington, DC for defendants.
Case Number: D70174
Court granted judgment as a matter of law as to noninfringement of patents where a plain reading of the patent limitations meant that the accused products were not substantially similar to the described invention and therefore could not infringe under the doctrine of equivalents.
Law Journal Press | Digital Book
Authors: Frederick W. Kindel
View this BookView more book results for the query "*"
Publication Date: 2023-03-28
Practice Area: Consumer Protection
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Russell D. Paul, Amey J. Park, Abigail J. Gertner, Berger Montague PC, Philadelphia, PA; Kelly A. Green, Smith, Katzenstein, & Jenkins LLP, Wilmington, DE; Tarek H. Zohdy, Cody R. Padgett, Laura E. Goolsby, Capstone Law APC, Los Angeles, CA for plaintiffs.
for defendant: Jody C. Barillare, Morgan Lewis & Bockius LLP, Wilmington, DE; Oderah C. Nwaeze, Faegre Drinker Biddle & Reath LLP, Philadelphia, PA; Christine W. Chen, Crystal Nix-Hines, Shon Morgan, Meredith R. Mandell, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA for defendant.
Case Number: D70179
Court declined to certify interlocutory appeal of dismissal of certain claims where an appeal would not materially advance litigation of the surviving claims and continued litigation would uncover evidence relevant to the dismissed claims.
Publication Date: 2023-03-21
Practice Area: Patent Litigation
Industry: E-Commerce | Electronics | Software
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Andrew C. Mayo, Ashby & Geddes, Wilmington, DE; Benjamin T. Horton, John R. Labbe, Raymond R. Ricordati III, Chelsea M. Murray, Marshall, Gerstein & Borun LLP, Chicago, IL for plaintiffs.
for defendant: Chad. S.C. Stover, Mark C. Nelson, Darrick J. Hooker, Adam M. Kaufmann, Dana Amato Sarros, David M. Lisch, Barnes & Thornburg LLP, Wilmington, DE for defendants.
Case Number: 21-534-GBW
Court declined to correct inventorship of patent where plaintiffs could not show that they had conceived of various claims in the patent and had not communicated other claims to defendants before defendants had independently conceived of those claims and reduced them to practice.
Publication Date: 2023-03-21
Practice Area: Bankruptcy
Industry: Financial Services and Banking | E-Commerce
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: 20-12836 (JTD)
The court granted debtors' trustees' request to clarify a previous court order indicating that the trust may acquire third-party claims in instances involving separate litigation claims. Although defendant corporation argued that the trustees lacked standing to bring the claims, the court disagreed and noted that because the trustees were post-confirmation entities, they did not need to seek the bankruptcy court's approval prior to filing an action.
Publication Date: 2023-03-21
Practice Area: Discovery
Industry: E-Commerce | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: A. Thompson Bayliss, Daniel J. McBride, Anthony R. Sarna, Abrams & Bayliss LLP, Wilmington, DE for petitioners.
for defendant: Paul J. Lockwood, Jenness E. Parker, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Patricia L. Enerio, Jamie L. Brown, Aaron M. Nelson, Elizabeth A. DeFelice, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Stephen J. Senderowitz, Dentons, Chicago, IL; Douglas W. Henkin, Dentons, New York, NY for respondents.
Case Number: 2022-0344-JTL
Court granted motion to compel on the grounds that defendant corporation could not invoke the attorney-client privilege as a means to withhold materials within a certain time frame spanning over two years. The court did however hold that the corporation could assert the privilege regarding communications that were related to books and records that the director had intentionally released, thus removing it from the circle of confidentiality.
Publication Date: 2023-03-21
Practice Area: Contractual Disputes
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Michael B. Mccauley, Daniel H. Wooster, Palmer, Biezup & Henderson, Wilmington, DE; David A. Neblett, James M. Mahaffey, John A. Wynn, Perry & Neblett, Miami, FL for plaintiff.
for defendant: Daryll Hawthorne-Bernardo, Timothy S. Martin, White & Williams, Wilmington, DE; Krista Acuna, Hamilton, Miller & Birthisel, Miami, FL for defendant.
Case Number: 1:19-cv-02014-SB-MPT
The court granted a motion to dismiss on the grounds that plaintiff insured failed to set forth feasible claims sounding in breach of contract and conversion in a matter arising out of defendant's refusal to completely cover the loss of plaintiff's speedboat.
Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.
1 minute read