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  • August 10, 2021 | Delaware Law Weekly

    Dominion Files Defamation Suit in Delaware, Alleging Conservative Networks Created 'Alternative Reality' With Election Fraud Claims

    "OAN helped create and cultivate an alternate reality where up is down, pigs have wings, and Dominion engaged in a colossal fraud to steal the presidency from Donald Trump by rigging the vote," the complaint reads.

    5 minute read

  • ARKRAY Am., Inc. v. Navigator Bus. Solutions, Inc.

    Publication Date: 2021-06-23
    Practice Area: Contracts
    Industry: Consulting | Software
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson Corroon LLP, Wilmington, DE; Julia E. Markley, Nathan R. Morales, Perkins Coie LLP, Portland, OR; Lindsey Dunn, Perkins Coie LLP, Denver, CO for plaintiff.
    for defendant: Stephen J. Kraftschik, Christina B. Vavala, Polsinelli PC, Wilmington, DE; Eric E. Lynch, Jonathan G. Brinson, Polsinelli PC, Phoenix, AZ; Scott B. Czerwonka, Wilks Law, LLC, Wilmington, DE; Mark K. Thompson, MKT Law PLC, Minneapolis, MN for defendants.
    Case Number: D69438

    Contractual choice-of-law provisions did not bar claims where the provision only applied to contractual claims, and the applicable state law did not preclude enforcement of another jurisdiction's statutory unfair business practices claim.

  • State of Delaware v. Irwin

    Publication Date: 2021-05-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: James K. McCloskey, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Thomas A. Foley, Wilmington, DE for defendant.
    Case Number: D69403

    A warrantless search of defendant's residence was improper, and although the search yielded no evidence that could be suppressed, the court held that defendant was entitled to a reduction in his probationary peri-od.

  • Cuppels v. Mountaire Corp.

    Publication Date: 2021-04-28
    Practice Area: Environmental Law
    Industry: Agriculture | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt, Stephen A. Spence, Barid Mandalas Brockstedt, Lewes, DE; Philip C. Federico, Brent Ceryes, Schochor, Federico, and Staton, P.A., Baltimore, MD for plaintiffs.
    for defendant: F. Michael Parkowski, Michael W. Teichman, Parkowski Guerke & Swayze, P.A., Wilmington, DE; Lisa C. McLaughlin, Todd L. Goodman, John C. Phillips, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; James R. Wedeking, Timothy K. Webster, Gordon D. Todd, Erika L. Maley, Daniel J. Hay, Sidley Austin, LLP, Washington, DC for defendants.
    Case Number: D69376

    Court approved class action settlement where, despite defendants' vigorous contesting of liability, plaintiffs and class counsel were able to secure a multi-million settlement on behalf of the class.

  • April 16, 2021 | Litigation Daily

    A Two-Week Mega-Dose of Litigator of the Week Runners-Up and Shout Outs

    Our runners-up this week are highlighted by a Latham team who landed a $1.8 billion settlement for electric vehicle battery maker LG Energy Solution in its trade secret showdown with SK Innovation, a settlement that was praised by the White House.

    1 minute read

  • March 23, 2021 | The Legal Intelligencer

    IP Litigation in the District of Delaware During COVID-19 and Beyond

    The U.S. District Court for the District of Delaware has long been a preeminent forum for the litigation of intellectual property disputes, particularly patent disputes.

    1 minute read

  • Columbus Life Ins. Co. v. Wilmington Trust Co.

    Publication Date: 2021-03-03
    Practice Area: Insurance Law
    Industry: Financial Services and Banking | Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Michael J. Miller, Joseph M. Kelleher Philip J. Farinella, Cozen O’Connor, Philadelphia, PA for plaintiff.
    for defendant: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Ari Ruben, Susman Godfrey LLP, New York, NY; Steven G. Sklaver, Susman Godfrey LLP, Los Angeles, CA for defendant.
    Case Number: D69312

    Although stranger-oriented life insurance policy holder could not maintain void policy under theories of estoppel or waiver, insurance company's acceptance of holder as owner and beneficiary and acceptance of payment of premiums could support fraud claim against insurer.

  • February 10, 2021 | New Jersey Law Journal

    On the Move: Javerbaum Wurgaft; Parker McCay

    Javerbaum Wurgaft Welcomes Partner and Associate Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, based in Springfield, announced that Alan K.…

    1 minute read

  • Abernathy v. Brandywine Urology Consultants, P.A.

    Publication Date: 2021-02-03
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Gary M. Klinger, Mason Lietz & Klinger LLP, Chicago, IL; Gary E. Mason, David K. Lietz, Mason Lietz & Klinger LLP, Washington, DC; Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
    for defendant: William E. Manning, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Turner A. Broughton, Brendan D. O’Toole, Amanda Bird, Williams Mullen, Richmond, VA for defendant.
    Case Number: D69278

    Patients lacked standing to bring suit against their medical practice to recover compensation for a ransomware attack and data breach the practice had suffered where plaintiffs failed to allege their personal or financial information had been misused or there was a concrete, imminent threat of misuse.

  • Columbus Life Ins. Co. v. Wilmington Trust Co.

    Publication Date: 2021-02-03
    Practice Area: Commercial Law
    Industry: Financial Services and Banking | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Michael J. Miller, Joseph M. Kelleher, Philip 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, Susman Godfrey LLP, Los Angeles, CA; Ari Ruben, Susman Godfrey LLP, New York, NY for defendant.
    Case Number: D69281

    Removal to federal court by a non-party was improper, and defendant's attempt to file an amended notice of removal did not relate back to the time of the original notice.