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Publication Date: 2023-02-28
Practice Area: Insurance Law
Industry: Insurance | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Donald L. Gouge, Donald L. Gouge, Jr., LLC, Wilmington, DE; Michael J. Miller, Joseph M. Kelleher, Charles J. Vinicombe, Phillip J. Farinella, Cozen O’Connor, Philadelphia, PA for plaintiff.
for defendant: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Steven Sklaver, Krysta Kauble Pachman, Susman Godfrey LLP, Los Angeles, CA; Ari Ruben, Susman Godfrey LLP, New York, NY for defendants.
Case Number: N19C-11-175-PRW CCLD
Court declined summary judgment on fraud claims arising from stranger-originated life insurance policies as the parties had genuine factual disputes over whether each acted knowingly or recklessly in maintaining the policies despite having knowledge or inquiry notice as to the void nature of the insurance policies.
Publication Date: 2023-02-28
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2172
Age discrimination claim was properly dismissed for lack of clear direct evidence of discrimination and failure to prove that plaintiff was replaced by a younger employee.
Publication Date: 2023-02-28
Practice Area: Patent Litigation
Industry: Software | Technology Media and Telecom
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
Conversion claim was preempted by federal patent law where relief on the claim would be predicated on resolution of the dispute over ownership of the technology disclosed in the patent-in-suit.
Publication Date: 2023-02-28
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: 21-11269 (JKS)
Motion to convert bankruptcy proceeding denied where debtor had no assets or income, making Chapter 11 bankruptcy unfeasible, and where facts indicated that conversion was sought as a forum-shopping tactic to assert state law claims against non-debtor parties.
Publication Date: 2023-02-28
Practice Area: Public Utilities
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno, P.A., Wilmington, DE for plaintiff
for defendant: Colin D. Dougherty, Fox Rothschild LLP, Blue Bell, PA; Courtney A. Emerson, Artesian Water Company, Inc., Wilmington, DE for defendant.
Case Number: N22C-06-109 PRW
Breach of contract and fraud claims dismissed where public utility regulations plainly applied to parties' subsequently adopted water services agreement and the agreement explicitly referenced the applicability of the regulation to the agreement.
Law Journal Press | Digital Book
Authors: Lisa Richman, Shawn Helms, Jason Krieser, Matthew Cin, Amy Mahan
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Publication Date: 2023-02-28
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-840-SRF
Defendant police officers' summary judgment motion denied where they failed to cite legal authority in support of their motion and where there were genuine issues of material fact regarding the purpose of the officers' appearance and whether the police department had ordered a private company to destroy a recording of the evidence.
Publication Date: 2023-02-28
Practice Area: Family Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Jerome Moore, New Castle, DE, plaintiff pro se.
for defendant: Lisa Moore, Bear, DE, defendant pro se.
Case Number: 22-747-CFC
Claim against co-parent alleging their fraudulent receipt of Social Security disability benefits meant for their child did not confer federal question jurisdiction.
Publication Date: 2023-02-28
Practice Area: Labor Law
Industry: Health Care | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1222-RGA
Discrimination claims failed due to lack of evidence that discriminatory animus motivated adverse employment decisions or lack of adequate comparators, where employer had performance-related reasons for its decision.
Publication Date: 2023-02-21
Practice Area: Business Torts
Industry: Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Michael J. Barrie, Kate Harmon, Benesch, Friedlander, Corplan & Aronoff LLP, Wilmington, DE; Erik Connolly, Nicole Wrigley, Benesch, Friedlander, Coplan & Aronoff, LLP, Chicago, IL for plaintiffs.
for defendant: Richard L. Renck, Tracey E. Timlin, Duane Morris LLP, Wilmington, DE; Howard M. Cooper, Joseph M. Cacace, Jason M. Brown, Todd & Weld LLP, Boston MA; Mark A. Lerner, Duane Morris LLP, New York, NY for defendants.
Case Number: N21C-11-028 EMD
Court denied motion to dismiss a defamation claim filed against defendant news agency on the grounds that plaintiff properly pled that defendant made false statements with actual malice.
Publication Date: 2023-02-21
Practice Area: Class Actions
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Kelly A. Green, Smith, Katzenstein, & Jenkins LLP, Wilmington, DE; Russell D.
Paul, Abigail J. Gertner, Amey J. Park, Natalie Lesser, Berger Montague PC, Philadelphia, PA; Tarek H. Zohdy, Cody R. Padgett, Laura Goolsby, Capstone Law APC, Los Angeles, CA; Steven Calarnusa, Geoff Stahl, Rachel Bentley, Gordon & Partners, P.A., Palm Beach Gardens, FL; Geoffrey Graber, Brian E. Johnson, Cohen Milstein Sellers & Toll PLLC, Washington, DC for plaintiffs.
for defendant: Patrick M. Brannigan, Jessica L. Reno, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Stephen A. D’Aunoy, Scott H. Morgan, Thompson Coburn LLP, St. Louis, MO for defendants
Case Number: 22-116-GBW
The court granted a motion to dismiss in part in a class action matter filed by vehicle owners against an engine manufacturer and distributor.
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