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30 results found

Article

Fox Rothschild LLP | USA | 12 Apr 2017

DE Bankruptcy Court dismisses preference complaint against former insider in part with prejudice

Not uncommonly, a preference complaint fails to adequately allege that the transfers sought to be recovered by the trustee were made “for or on

Article

Fox Rothschild LLP | USA | 26 Sep 2016

Chancery denies interlocutory appeal of spoilation issues

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

Article

Fox Rothschild LLP | USA | 29 Apr 2016

Who Bears the Burden of Proving Prejudice for the Unintentional Spoliation of ESI?

The new Federal Rule of Civil Procedure 37(e)(1) allows courts to order relief for the unintentional spoliation of Electronically Stored Information

Article

Fox Rothschild LLP | USA | 24 Oct 2012

Delay of more than six years in filing Title VII lawsuit held not prejudicial to employer

The EEOC sat on an employee’s discrimination charge for six years.

Article

Fox Rothschild LLP | USA | 8 Oct 2011

Magistrate Judge Burke grants plaintiff's motion for expedited discovery

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.

Article

Fox Rothschild LLP | USA | 24 Sep 2011

Chief judge sleet grants LG's motion to amend complaint

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.

Article

Fox Rothschild LLP | USA | 10 Sep 2011

Judge Stark refuses to disrupt jury's verdict and denies plaintiffs' post-trial motions

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.

Article

Fox Rothschild LLP | USA | 8 Sep 2011

Temporary restraining orders: Court of Chancery denies ex parte application

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).

Article

Fox Rothschild LLP | USA | 13 Aug 2011

Judge Robinson denies defendant's motion to amend its affirmative defenses and counterclaims to add new allegations of inequitable conduct

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.

Article

Fox Rothschild LLP | USA | 16 May 2011

Multiple decisions in New Century TRS Holdings, Inc., hold: when you settle a claim, you get what you contract for

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.

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