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March 5, 2024 | New Jersey Law Journal

New Partners Yearbook 2024

Congratulations to these new partners, made and hired laterally over the past year.

46 minute read

Jones v. Navient

Publication Date: 2023-10-09
Practice Area: Whistleblower Laws
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Lugg
Attorneys: For plaintiff: Keith R. Jones, plaintiff pro se.
for defendant: John M. Nolan III, Morgan D. Hollander, Jackson Lewis, P.C., Philadelphia, PA; Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE for defendant.
Case Number: N21C-10-020 SPL

Finding that plaintiff's minimal participation in pursuing the case "evidenced a pattern of dilatoriness" culminating in his failure to produce evidence in support of his claim, the court granted defendant's motion to dismiss for failure to prosecute despite noting that the court had a "strong policy in favor of deciding cases on the merits."

March 3, 2023 | Litigation Daily

Another Insanely Impressive Batch of Litigator of the Week Runners-Up and Shout Outs

Lead runners-up at Gibson, Dunn & Crutcher got the first directed verdict of no infringement from U.S. District Judge Alan Albright in Waco, Texas.

7 minute read

State ex rel. Rogers v. The Bancorp Bank

Publication Date: 2023-01-17
Practice Area: Business Torts
Industry: Financial Services and Banking | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Daniel C. Mulveny, Oliver Cleary, Deputy Attorneys General, State of Delaware Dep’t of Justice, Wilmington, DE; Bruce E. Jameson, Samuel L. Closic, Mary S. Thomas, Prickett, Jones & Elliott, P.A., Wilmington, DE; David Brackett, Benjamin E. Fox, John E. Floyd, Bondurant, Mixson & Elmore, LLP, Atlanta, GA for plaintiffs.
for defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Joshua A. Goldberg, Jane Metcalf, Clinton W. Morrison, Christina Sedca-Acosta, Patterson Belknap Webb & Tyler LLP; Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Eric W. Sitarchuk, Ezra D. Church, Ryan P. McCarthy, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendants.
Case Number: N18C-29-240 PRW CCLD

Qui tam relator's counsel's failure to set up ethical screens or disclose his knowledge of defendant's attorney-client materials requires disqualification and shifting of costs onto counsel.

inVentiv Health Clinical, LLC v. Odonate Therapeutics, Inc.

Publication Date: 2021-02-10
Practice Area: Contractual Disputes
Industry: Biotechnology | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Brian W. Shaffer, Morgan, Lewis & Bock-ius LLP, Philadelphia, PA; John A. Vassallo, III, Morgan, Lewis & Bockius LLP, New York, NY for plaintiff.
for defendant: Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; Shireen Barday, Gibson Dunn, New York, NY; Joshua H. Lerner, Gibson Dunn, San Francisco, CA for defendant.
Case Number: D69291

Defendant's counterclaim for breach of contract survived a motion to dismiss, but the court granted plain-tiff's motion to dismiss the counterclaims for fraud and breach of the implied covenant of good faith and fair dealing.

Rite Aid Corp. v. ACE Am. Ins. Co.

Publication Date: 2020-10-07
Practice Area: Insurance Litigation
Industry: Insurance | Pharmaceuticals | Retail
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Gerald P. Konkel, Christopher Popecki, Morgan, Lewis & Bockius LLP, Washington, DC for plaintiffs.
for defendant: Marc S. Casarino, White and Williams LLP, Wilmington, DE; Paul R. Koepff, Robert Mangino, Clyde & Co. US LLP, Florham Park, NJ; Robert J. Katzenstein, Robert K. Beste, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Mitchell J. Auslander, Christopher J. St. Jeanos, Willkie Farr & Gallagher LLP, New York, NY; Dierdre M. Richards, Fineman Krekstein & Harris P.C., Wilmington, DE; Hema Patel Mehta, Chartwell Law, Philadelphia, PA; David J. Soldo, Morris James LLP, Wilmington, DE for defendants.
Case Number: D69148

An insurer had a duty to defend its insured in underlying opioid lawsuits, so the court granted plaintiff's motion for partial summary judgment.

September 22, 2020 | Delaware Business Court Insider

Rite Aid Entitled to Insurance Coverage in Defending Lawsuit Over Opioids, Del. Judge Rules

Rite Aid filed its case against Ace and other insurance companies in April 2019 in the court's Complex Commercial Litigation Division after Ace refused to cover any of Rite Aid's legal costs.

1 minute read

September 22, 2020 | Insurance Coverage Law Center

Rite Aid Entitled to Insurance Coverage in Defending Lawsuit Over Opioids, Del. Judge Rules

Rite Aid filed its case against Ace and other insurance companies in April 2019 in the court's Complex Commercial Litigation Division after Ace refused to cover any of Rite Aid's legal costs.

1 minute read

August 7, 2020 | Delaware Business Court Insider

California Judge Says Right to Jury Trial Overrides Agreement to Litigate in Delaware

One attorney in the case said the California case calls into question how courts in many states with constitutional rights to jury trial may evaluate forum selection clauses that specify Delaware Chancery Court as a jurisdiction.

1 minute read

Trustwave Holdings, Inc. v. Beazley Ins. Co., Inc.

Publication Date: 2019-10-16
Practice Area: Insurance Litigation
Industry: Insurance | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Jody Barillare, Beth Herrington and Zachary Ryan Lazar, Morgan, Lewis & Bockius, LLP, Wilmington, DE for plaintiff.
for defendant: Michael C. Heyden and Scott Schmookler, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
Case Number: D68741

The court granted plaintiff's motion to dismiss some of the insurers' claims due to the statute of limitations, but it declined to dismiss the contractual indemnification claims.