• Isaac v. Cable News Network, Inc.

    Publication Date: 2023-10-30
    Practice Area: Litigation
    Industry: Federal Government | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE; Brian R. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
    for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department Of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Gurney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansky, Winston & Strawn LLP, New York, NY for defendants.

    Case Number: 23-247 (MN)

    Applying the four factors enumerated in Pioneer, the court determined that plaintiff's counsel's late filing of an opposition to a motion to dismiss due to his mis-reliance on the rules was not "excusable neglect" and denied his motion to reconsider the court's decision granting the motion to dismiss.

  • US Dominion, Inc. v. Fox News Network

    Publication Date: 2023-02-21
    Practice Area: Litigation
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: N21C-03-257 EMD

    The court applied N.Y. C.P.L.R. §76-a to a defamation dispute regarding New York's anti-SLAPP statute, relying on precedent holding that where the procedural rules of the "foreign state" are so "inseparably interwoven" with the substantive rights as to render a modification of the foregoing rule necessary, the foreign state's laws may apply.

  • Schwartz v. Cognizant Tech. Solutions Corp.

    Publication Date: 2022-04-12
    Practice Area: Litigation
    Industry: Consulting
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Bartholomew J. Dalton, Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Adam Balick, Michael Collins Smith, Balick & Balick, LLC, Wilmington, DE for plaintiff.
    for defendant: David E. Ross, Anthony Calvano, Ross Aronstam & Moritz LLP, Wilmington, DE; J. Christian Word, Latham & Watkins LLP, Washington, DC; Luke Nikas, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; William A. Burck, Ben A. O’Neil, Quinn Emanuel Urquhart & Sullivan, LLP for defendant.

    Case Number: D69776

    The court held that plaintiff was not entitled to an anti-suit injunction because a state court cannot restrain federal court proceedings.

  • Zweigenhaft v. Pharmerica Corp.

    Publication Date: 2022-01-04
    Practice Area: Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: David M. Klauder, Ryan M. Ernst, Bielli & Klauder, LLC, Wilmington, DE; Thomas D. Bielli, Philadelphia, PA for plaintiff.
    for defendant: Brett D. Fallon, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; Jeremy M. Sternberg, Holland & Knight LLP, Boston, MA; Stosh Silivos, Holland & Knight LLP, New York, NY for defendant.

    Case Number: D69662

    The court held that defendant was entitled to a grant of summary judgment being that the action was barred by res judicata.

  • Donald M. Durkin Contracting., Inc. v. City of Newark

    Publication Date: 2020-10-21
    Practice Area: Litigation
    Industry: Construction | Legal Services | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Paul A. Logan for plaintiff.
    for defendant: Max B. Walton for defendant.

    Case Number: D69160

    Reargument on motion to dismiss declaratory judgment suit denied where plaintiff asserted no new facts or law to change the court's determination that the parties' settlement agreement did not obligate defendant to cooperate in plaintiff's separate action against defendant's counsel.

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  • In re: Transperfect Global, Inc.

    Publication Date: 2019-10-30
    Practice Area: Litigation
    Industry: Consulting
    Court: Court of Chancery
    Judge: Vice Chancellor Bouchard
    Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE; David B. Goldstein, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York, NY; Alan M. Dershowitz, Cambridge, MA for Philip Shawe.
    for defendant: Frank E. Noyes, II and Charles A. McCauley, III, Offit Kurman, P.A., Wilmington, DE for TransPerfect Global, Inc. Jennifer C. Voss and Elisa M.C. Klein, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for custodian. Jeremy D. Eicher, Ei-cher Law LLC, Wilmington, DE for Shirley Shawe. Kevin R. Shannon, Berton W. Ashman, Jr., Christopher N. Kelly, Jaclyn C. Levy and Matthew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Philip S. Kaufman and Jared I Heller, Kramer Levin Naftalis & Frankel LLP, New York, NY for Elizabeth Elting.

    Case Number: D68755

    Parties were in contempt because they filed a separate suit which deprived the chancery court of exclusive jurisdiction.

  • CIGNEX Datamatics, Inc. v. Lam Research Corp.

    Publication Date: 2019-03-27
    Practice Area: Contracts | Litigation
    Industry: Consulting | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE for plaintiff.
    for defendant: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE for defendants.

    Case Number: D68504

    Plaintiff owed duty to preserve emails of former employees from the point defendant threatened legal action, but defendant failed to show plaintiff acted in bad faith or to deny evidence to defendant in support of an order of sanctions.

  • Chase Bank USA, N.A. v. Cherry, DEFAX Case No. D67854 (D.Del. Aug. 14, 2017), Stark, U.S.D.J. (10 pages).

    Publication Date: 2017-09-06
    Practice Area: Banking and Finance Laws | Litigation
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67854

    Rule 60(b) motion brought within the one-year period dismissed where the court found movant failed to bring his motion in a reasonably timely manner by waiting 11 months when the bases for the moti

  • Chase Bank USA, N.A. v. Cherry, DEFAX Case No. D67854 (D.Del. Aug. 14, 2017), Stark, U.S.D.J. (10 pages).

    Publication Date: 2017-09-06
    Practice Area: Banking and Finance Laws | Litigation
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67854

    Rule 60(b) motion brought within the one-year period dismissed where the court found movant failed to bring his motion in a reasonably timely manner by waiting 11 months when the bases for the moti

  • Organovo Holdings, Inc. v. Dimitrov, DEFAX Case No. D67772 (Del. Ch. Jun. 5, 2017), Laster, V.C. (46 pages).

    Publication Date: 2017-06-21
    Practice Area: Litigation
    Industry: Biotechnology
    Court: Delaware Court of Chancery
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67772

    The Court of Chancery lacked subject matter jurisdiction where the case provided no grounds for equitable jurisdiction in this proceeding involving allegations of defamation. Motion to dismiss gr