Magistrate Judge Burke Recommends Transfer to the Northern District of Illinois In Alan J. Ross, et al. v. Institutional Longevity Assets LLC, C.A. No. 12-102-LPS-CJB (D. Del. Sept. 20, 2013), Magistrate Judge Burke recommended granting defendant’s motion to transfer to the Northern District of Illinois. Plaintiff Alan J. Ross was an individual residing in Newton, Massachusetts.…

Judge Stark Denies Defendant’s Motion to Dismiss Complaint Alleging Antitrust Violations and Grants in Part Plaintiff’s Motion to Strike In Kickflip, Inc. v. Facebook, Inc., C.A. No. 12-1369-LPS (D. Del. Sept. 27, 2013), Judge Stark denied defendant Facebook, Inc.’s motion to dismiss a complaint alleging antitrust violations and tortious interference for failure to state a claim…

The United States District Court for the District of Delaware has recently issued a number of decisions of note in the intellectual property area.

The Delaware bankruptcy court holds that electricity is not a “good” for purposes of section 503(b)(9) of the Bankruptcy Code, which confers administrative expense priority status upon claims for goods received by a debtor within 20 days of a bankruptcy filing.

Although the process of selecting corporate directors is described in terms that track the political election process—director “candidates” are “nominated” and “elected,” just as political representatives are—there have always been significant differences between political and corporate elections.

While the District of Delaware historically has been a preferred venue for patent litigation, it now faces a new wave brought by a relatively new type of plaintiff.

The U.S. Court of Appeals for the Third Circuit reaffirmed its narrow construction of the doctrine of equitable mootness in In re SemCrude L.P.

An opinion was issued in Giuliano et al. v. Federal Deposit Insurance Corporation which held that a tax sharing agreement between a chapter 7 debtor and its non-debtor subsidiary created a debtor-creditor relationship between the parties.

Under the laws of many jurisdictions, expectation damages for breach of an agreement to negotiate in good faith are viewed as inherently speculative and thus generally not an appropriate measure of damages. In Delaware, the question of whether expectation damages, which attempt to estimate the profits the promisee expected to generate under the to-be-negotiated contract, were…

Third Circuit Court of Appeals affirms the recognition of an Australian liquidation proceeding as a foreign main proceeding in In re ABC Learning Centres Limited, n/k/a ZYX Learning Centres Limited.