TOP STORIES

Prison Sentence Reduction Proposals Concern JRI Members  
Proposals to reduce prison sentences for nonviolent offenders by implementing early release plans were met with skepticism by members of the Delaware Justice Reinvestment Task Force at its most recent meeting.

Markell Proposes Smaller Budget for State Judiciary  
Gov. Jack Markell proposed a $90.2 million general fund operating budget for the Delaware judiciary in fiscal year 2013, remaining nearly the same as the judiciary’s fiscal year 2012 operating budget of $91.3 million. The slightly smaller budget leaves little room to fill vacant positions.

THIS WEEK'S DIGESTS

Microsoft Corp. v. Geotag, Inc. 
Defendant failed to demonstrate that the balance of convenience tipped significantly enough in its favor to warrant transfer of this action from Delaware to Texas, where other related cases were pending. Defendant's motion to transfer denied.

Ward v. MBNA American 
The court denied defendant's motion to dismiss plaintiff's discrimination claims as time-barred since plaintiff's complaint alleged sufficient facts to establish a continuing violation theory. Defendant's motion to dismiss denied.

McKesson Automation, Inc. v. Swisslog Italia S.P.A. 
The court denied plaintiff's motions for judgment as a matter law or a new trial, as it rejected plaintiff's contention that defendants' expert had offered testimony that was inconsistent with the court's patent claim construction. Motion for JMOL or new trial denied.

In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation 
Plaintiffs' decision to maintain this suit in order to "police" against any possible reformulations, even after stipulating to the fact that defendant's product did not infringe the patents in suit, warranted a finding that this case was exceptional and defendant was entitled to attorney fess. Motion for attorney fees granted.

In re Sierra Concrete Design, Inc. 
The evidence was insufficient for defendant creditors to establish that certain preferential payments made to them were made in the ordinary course of business. Defendants' motion for summary judgment granted in part and denied in part.

Danenberg v. Fitracks, Inc. 
Since the claims asserted against the petitioner in the underlying action arose out of representations he made in his capacity as chief executive officer of the corporation he formed, petitioner was entitled to advancements. Petitioner's motion for summary judgment granted.

Great-West Investors LP v. Thomas H. Lee Partners, L.P. 
While plaintiff was entitled to a declaration that an "Expense Assumption" in the parties' agreement could not increase until defendant negotiated in good faith, the issue of whether defendant negotiated in good faith was still an open question. Motion for partial summary judgment granted in part and denied in part.

W.L. Gore & Assoc., Inc. v. Long 
Since defendant's testimony on cross-examination did extend into certain subjects he refused to address on direct, defendant's invocation of his privilege against self-incrimination required the court to disregard his testimony as to those subjects. Motion to disregard granted in part.

NEWS IN BRIEF

New Foreclosure Mediation Program Established 
Delaware legislators gathered Jan. 18 to note the start of the state’s new mandatory foreclosure mediation program, which began operation Jan. 19.

Chimicles & Tikellis Adds To Firm's Wilmington Office 
Chimicles & Tikellis gained two associates, Vera V. Gerrity and Daniel C. Herr, and a partner, A. Zachary Naylor, in its Wilmington office.

Estate-Planning Event Dedicated to Officer 
Widener University School of Law, Delaware’s affiliate for the Wills for Heroes Foundation, scheduled the next Wills for Heroes estate-planning event for Saturday at the Delaware City Fire Co., 815 Fifth St., Delaware City, Del.

More Headlines

Great Recession Leaves Its Mark on Del. Legal Market 
A recent survey of law firms found that more than 75 percent believe that pricing pressure, alternative fee arrangements and efficiency measures will remain part of the legal business even after the Great Recession has faded to a painful memory.

Securities Law Firms Examining Playboy's Plan to Go Private 
Securities law firms are looking at whether to take on Playboy Enterprises over its plan to take the company private, with one firm already out of the gate with a lawsuit.

Carper Pushes for Senate Vote on District Judge Nomination 
U.S. Sen. Thomas R. Carper, D-Del., took to the Senate floor last week to urge his colleagues to vote on the nomination of Magistrate Judge Leonard P. Stark to the U.S. District Court for the District of Delaware.

Court rejects ATP appeal by German Tennis group  
A federal appeals court on Friday rejected a challenge from the German Tennis Federation to a court decision that cleared the way for the ATP Tour's tournament restructuring.

Superior Court Reverses Denial of Access Discrimination Decision 
The Kent County Superior Court has ruled that subjectively offensive and rude treatment does not constitute a denial of access to public accommodations proscribed by Delaware's anti-discrimination statutes.

Connolly Bove Makes 'Hot List' 
Connolly Bove Lodge & Hutz was one of 20 firms to appear on the "Midsize Hot List" published by The National Law Journal on July 12. It was the only Delaware-based firm to appear.

Joseph Elected President Of NACTT 
Michael B. Joseph, a partner in the Wilmington firm Ferry Joseph & Pearce, has been elected president of the National Association of Chapter Thirteen Trustees, the firm announced on July 13.