• State of Delaware v. Desmond

    Publication Date: 山东福彩网app官方下载-02-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68891

    Defendant was not entitled to removal of this criminal action to federal court, because he failed to identify any racial discrimi-nation issues, and he did not demonstrate that the judge in the state court proceeding was unqualified. Denial of petition for re-moval affirmed.

  • Evans v. Johnson & Johnson Co.

    Publication Date: 山东福彩网app官方下载-02-26
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Augustus Hebrew Evans, Jr., James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
    for defendant: Todd C. Schlitz, Drinker Biddle & Reath, LLP, Wilmington, DE; Daniel J. Brown and Hayley J. Reese, McCarter & English, LLP Wilmington, DE for defendants.

    Case Number: D68888

    Plaintiff's product liability claim against brand name pharmaceutical manufacturer for alleged adverse side effects from the drug failed where plaintiff's claims were barred by the learned intermediary doctrine as plaintiff failed to allege how additional warnings from defendants would have changed plaintiff's physicians' decision to prescribe the medication.

  • Wilmington-5190 Brandywine Parkway, LLC. V. Acadia Brandywine Holdings, LLC

    Publication Date: 山东福彩网app官方下载-02-26
    Practice Area: Contractual Disputes
    Industry: Financial 山东福彩网app官方下载 and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Michael J. Barrie, Stephen M. Ferguson and William M. Alleman, Jr., Benesch, Friedlander, Coplan & Aronoff LLP, Wilming-ton, DE; Helen Gavaris, Loeb & Loeb LLP, New York, NY for plaintiff.
    for defendant: Andrew D. Cordo, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Adam C. Silverstein and Rebecca E. Algie, Otterbourg P.C., New York, NY for defendants.

    Case Number: D68893

    Defendants' actions triggered the full recourse provisions under the loan and guaranty agreements. Plaintiff's claims were not barred by the statute of limitations.

  • Voigt v. Metcalf

    Publication Date: 山东福彩网app官方下载-02-26
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer and David M. Sborz, Andrews & Springer LLC, Wilmington, DE; Jeremy S. Friedman and David F.E. Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY; D. Seamus Kaskela, Kaskela Law LLC, Newtown Square, PA for plaintiff.
    for defendant: Gregory P. Williams and Brock E. Czeschin, Richards, Layton & Finger, P.A., Wilmington, DE; Rachelle Silverberg, Caitlin A. Donovan and Drew C. Harris, Wachtell, Lipton, Rosen & Katz, New York, NY for defendants Metcalf, Riley, Affeldt, Kremer, Martinez, Ball, Forbes, Holland and nominal defendant NCI Building Systems. David J. Teklits and Thomas P. Will, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Shannon Rose Selden, Susan R. Gittes and Zachary H. Saltzman, Debevoise & Plimpton LLP, New York, NY for defendants Sleeper, VanArsdale, Zrebiec, Berges and Clayton, Dubilier & Rice.

    Case Number: D68892

    Plaintiff alleged sufficient facts that one of the defendants was a controlling shareholder. The court dismissed several individual defendants based on an exculpation clause, but it declined to dismiss claims as to other individual defendants.

  • Roe v. Wyndham Worldwide, Inc.

    Publication Date: 山东福彩网app官方下载-02-26
    Practice Area: Business Torts
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE; D. Michelle Douglas, Kalbian Hagerty LLP, Washington, DC for plaintiff.
    for defendant: Kevin J. Connors and Marshall Dennehey, Warner Coleman & Goggin, Wilmington, DE for Wyndham defendants. Stephen B. Brauerman and Emily A. Letcher, Bayard, P.A., Wilmington, DE for defendant "Ozdilek.

    Case Number: D68890

    The court granted motions to dismiss two parties based on lack of personal jurisdiction. Although some factors supported dis-missal based on forum non conveniens, those factors did not outweigh the deference to plaintiff's choice of forum.

  • Gottipati v. Prasad

    Publication Date: 山东福彩网app官方下载-02-26
    Practice Area: Contractual Disputes
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Phanendra B. Gottipati, Townsend, DE, pro se plaintiff.
    for defendant: Baddam Mounika, Bear, DE and Kotha Ramana, Chadds Ford, PA, pro se defendants.

    Case Number: D68889

    The complaint did not allege complete diversity among the parties and the requirement for the amount in controversy was not met, so the court dismissed this case without prejudice due to lack of subject matter jurisdiction.

  • Damiani-Melendez v. Metzger

    Publication Date: 山东福彩网app官方下载-02-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Pablo Damiani-Melendez, pro se petitioner.
    for defendant: Brian L. Arban, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for respondents.

    Case Number: D68887

    Petition for writ of habeas corpus denied as untimely as there was not enough time that could be equitably tolled from the limitations to render timely a petition filed three years after conviction became final.

  • B.B. v. Delaware Coll. Preparatory Acad.

    Publication Date: 山东福彩网app官方下载-02-26
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68886

    District court erred in dismissing appellant's Individuals with Disabilities Education Act complaint that sought relief solely for separate alleged violations that occurred within the applicable limitations period.

  • Nationwide Prop. & Cas. Ins. Co. v. Irizarry

    Publication Date: 山东福彩网app官方下载-02-19
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE for plaintiff.
    for defendant: Scott E. Chambers and Gary E. Junge, Schmittinger & Rodrigue P.A., Dover, DE for defendant.

    Case Number: D68884

    Where a passenger sustained injuries in a single vehicle accident that were in excess of the bodily injury and personal injury protection limits, the driver's underinsured motorist coverage applied as well.

  • In re: Appraisal of Panera Bread Co.

    Publication Date: 山东福彩网app官方下载-02-19
    Practice Area: Mergers and Acquisitions
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Samuel T. Hirzel, II, Elizabeth A. DeFelice and Melissa N. Donimirski, Heyman Ererio Gattuso & Hirzel LLP, Wilmington, DE; Steven M. Hecht, Michael T.G. Long, Jarett N. Sena, Natalie F. Dallavalle, Frank T.M. Catalina, Edoardo Murillo and Jonathan M. Kass, Lowenstein Sandler LLP, New York, NY for peti-tioners.
    for defendant: Paul J. Lockwood, Jennifer C. Voss, Jenness E. Parker, Alyssa S. O’Connell, Kaitlin E. Maloney, Daniel S. Atlas, Bonnie W. David and Andrew D. Kinsey, Skadden Arps Slate Meagher & Flom LLP, Wilming-ton, DE for respondent.

    Case Number: D68882

    In this statutory appraisal action, the court determined that the process by which the company was sold bore multiple indicia of reliability, and the deal price was persuasive evidence of fair value.