Not uncommonly, a preference complaint fails to adequately allege that the transfers sought to be recovered by the trustee were made “for or on
The Court of Chancery recently ruled on a request for interlocutory appeal as it related to the Court’s rulings on spoliation issues. In the decision
The new Federal Rule of Civil Procedure 37(e)(1) allows courts to order relief for the unintentional spoliation of Electronically Stored Information
The EEOC sat on an employee’s discrimination charge for six years.
By Memorandum Order entered by The Honorable Christopher J. Burke in Kone Corporation v. Thyssenkrupp USA, Inc., et al., Civil Action No. 11-465-LPS-CJB (D.Del., September 26, 2011), the Court granted Plaintiff Kone Corporation’s motion for leave to take expedited discovery in connection with its pending motion for a preliminary injunction.
By Memorandum Opinion entered by The Honorable Gregory M. Sleet in LG Electronics U.S.A., et al. v. Whirlpool Corp., et al., Civil Action No. 10-311-GMS (D.Del., September 12, 2011)), the Court granted the motion of plaintiffs, LG Electronics U.S.A., Inc. and LG Electronics, Inc. (collectively “LG”), for leave of court to file a first amended complaint.
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Laboratory Skin Care, Inc., et al. v. Limited Brands, Inc., et al., Civil Action No. 06-601-LPS (D. Del., September 8, 2011), the Court denied Plaintiffs’ Renewed Motion for Judgment as a Matter of Law or in the Alternative for a New Trial.
The Court of Chancery recently reviewed and denied an ex parte application for a temporary restraining order (“TRO”) in the decision of Smart Home, Inc. v. Brian Selway, et al., C.A. No. 6778-VCG (Del. Ct. Ch., Aug. 15, 2011).
By Memorandum Opinion entered by the Honorable Sue L. Robinson in Ashai Glass Co., Ltd., et al. v. Guardian Industries Corp., Civil Action No. 09-515-SLR (D.Del., August 12, 2011), the Court denied the motion of defendant, Guardian Industries Corp., seeking to amend its affirmative defenses and counterclaims to assert new allegations of inequitable conduct against plaintiffs relating to concealing or misrepresenting the true inventorship of pending claims to the USPTO during the prosecution of the patents-in-suit.
In two separate decisions arising from adversary proceedings in the New Century TRS Holdings, Inc., et al. (the “Debtors”) bankruptcy, signed May 10, 2011, Judge Carey of the Delaware Bankruptcy Court denied requests to stay dismissal, requiring each of the moving parties to accept the limitations of their settlement agreements.