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Parkell v. Pierce
Publication Date: 2023-11-20
Practice Area: Civil Rights
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys:
For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
For defendant: James D. Taylor, Jr., Jessica M. Jones, Juliana G. Clifton, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Arthur D. Kuhl, Matthew R. Hindley, Reger Rizzo & Darnall LLP, Wilmington, DE for defendants.
Case number: 1:17-cv-00157-SB

Court dismissed case for failure to prosecute where plaintiff had willfully or recklessly failed to actively litigate the case for several years despite repeated extensions and warnings from the court.

Rich v. Univ. of Delaware
Publication Date: 2023-07-10
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys:
For plaintiff: Michele D. Allen, Delia Clark, Allen & Associates, Wilmington, DE for plaintiff.
For defendant: James D. Taylor, Jr., Jessica M. Jones, Juliana G. Clifton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendants.
Case number: 22-27-RGA

Title VII race discrimination claims failed where plaintiff failed to identify similarly situated co-workers of other races who committed the same type of misconduct as plaintiff but were not terminated like plaintiff.

Schafer v. Kent County Dep't of Planning Serv.
Publication Date: 2023-06-13
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys:
For plaintiff: John W. Paradee, Brian V. DeMott, J. Garrett Miller, Baird, Mandalas, Brockstedt, Federico & Cardea, LLC, Dover, DE for petitioners.
For defendant: Daniel A. Griffith, Whiteford, Taylor & Preston, LLC, Wilmington, DE; Richard A. Forsten, Pamela J. Scott, Gary W. Lipkin, Saul, Ewing, Arnstein & Lehr, LLP, Wilmington, DE for respondents.
Case number: K22C-11-014 JJC

Although court lacked statutory authority to hear appeal from administrative decision of county staff since the statute only permitted appeals of decisions by the county's governing board, landowners could challenge the legality of a minor subdivision approval through a writ of certiorari.

Ninivaggi v. Univ. of Delaware
Publication Date: 2023-05-09
Practice Area: Education Law
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys:
For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Sarah N. Westcot, Joshua D. Arisohn, Bursor & Fisher, P.A., New York, NY; Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE; Michael L. Vild, Cross & Simon, LLC, Wilmington, DE; Blake G. Abbott, Eric M. Poulin, Roy Willey, Paul Doolittle, Anastopoulo Law Firm, LLC, Charleston, SC for plaintiffs.
For defendant: James D. Taylor, Jr., Charles E. Davis, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case number: 20-cv-1478-SB

Motion to stay district court proceedings pending appeal of class certification denied where defendant would have an adequate remedy with continued proceedings and was unlikely to prevail in its appeal.

Ninivaggi v. Univ. of Delaware
Publication Date: 2023-04-18
Practice Area: Contracts
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys:
For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Sarah N. Westcot, Joshua D. Arisohn, Bursor & Fisher, P.A., New York, NY; Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE; Blake G. Abbott, Eric M. Poulin, Roy Willey, Anastopoulo Law Firm, LLC, Charleston, SC; Robert J. Kriner, Jr., Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE for plaintiffs.
For defendant: James D. Taylor, Jr., Charles E. Davis, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case number: 20-cv-1478-SB

Court certified class of university students claiming breach of contract from shift to online instruction during the COVID-19 pandemic, where the alleged breach conferred standing, the proposed class was ascertainable from the university's records, and the common questions of breach and impossibility of performance predominated.

The Delaware Div. of the Pub. Advocate v. The Delaware Pub. Serv. Comm'n
Publication Date: 2023-04-11
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Delaware Superior Court
Judge: Judge Green-Streett
Attorneys:
For plaintiff: Regina A. Ioii, Department of Justice, Wilmington, DE for appellant.
For defendant: James McC. Geddes, Ashby & Geddes, Wilmington, DE; Jessica M. Jones, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for appellees.
Case number: K22A-02-005 RLG

Public Service Commission's failure to make specific factual findings and legal conclusions when approving electric company's request to include pension and retirement benefit liabilities in the rate base precluded appellate review and required reversal of the decision.

SC SJ Holdings, LLC v. Pillsbury Winthrop Shaw Pittman LLP
Publication Date: 2023-04-04
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys:
For plaintiff: Busenkell, Ronald S. Gellert, Bradley P. Lehman, Gellert Scali Buskenell & Brown, LLC; Michael T. Mihm, Jason B. Wesoky, James E. Fogg, Ogborn Mihm LLP for appellants.
For defendant: John D. Demmy, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Brad D. Brian, Bethany W. Kristovich, Munger, Torres & Olson LLP, Los Angeles, CA for appellee.
Case number: 22-689 (MN)

The court affirmed an order of the Bankruptcy Court which denied debtor's request to limit certain provisions of their Chapter 11 Plan.

Appellate Division, Second Department: February 24, 2023
Publication Date: 2023-02-24
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:February 22, 2023

Trust Robin, Inc. v. Tissue Analytics, Inc.
Publication Date: 2022-12-20
Practice Area: Business Torts
Industry: E-Commerce | Health Care | Software
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Stephen C. Norman, Jaclyn C. Levy, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
For defendant: Gary W. Lipkin, Saul Ewing Arnstein & Lehr, LLP, Wilmington, DE for defendants.
Case number: 2021-0806-SG

Fraud claims were not barred by economic loss doctrine where plaintiff had alleged fraudulent representations and concealment committed by defendants outside the scope of the parties' contractual obligations, such that the fraud allegations were distinct from allegations of non-performance.

Am. Mushroom Coop. v. Saul Ewing Arnstein & Lehr LLP
Publication Date: 2022-11-28
Practice Area: Legal Malpractice
Industry: Agriculture | Distribution and Wholesale | Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Padilla
Attorneys:
For plaintiff:
For defendant:
Case number: 02211

Plaintiffs' malpractice claims were time-barred since they first knew or should have known that they had been injured by allegedly erroneous advice back in 2004, when they executed a consent judgment in a Department of Justice investigation of business practices purportedly based on that same advice. The court granted defendant's motion for judgment on the pleadings.

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