8 results for 'judge:"Noreika"'.
J. Noreika denies an appeal from a bankruptcy opinion concerning a credit company's refusal to advance funds to a landscaping company under a "lockbox" line of credit because the credit company had sole discretion to advance funds to the landscaping company, which was required to perform obligations under the credit agreement. Since the credit agreement had not been breached, breach of contract had not occurred, which is predicate to a separate cause of action for breach of the implied duty of good faith and fair dealing.
Court: USDC Delaware, Judge: Noreika, Filed On: March 25, 2024, Case #: 1:23cv620, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Contract
J. Noreika grants the U.S. judgment as a matter of law since evidence did not support the finding of no direct or induced infringement of patents related to a two-drug regimen for HIV infections. However, a new trial is not warranted because the verdict on each of the three theories of invalidity was supported by substantial evidence.
Court: USDC Delaware, Judge: Noreika, Filed On: March 25, 2024, Case #: 1:19cv2103, NOS: Patent - Property Rights, Categories: Patent
J. Noreika grants summary judgment to an employer in discrimination claims contending an employee had been passed over for promotion in favor of younger applicants. The "cat's paw" liability theory failed because a supervisor's allegedly biased comments did not undercut input given by three different individuals concerning the employee's engineering competence.
Court: USDC Delaware, Judge: Noreika, Filed On: January 16, 2024, Case #: 1:22cv1224, NOS: Employment - Civil Rights, Categories: Employment Discrimination
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J. Noreika finds that a buyer cannot obtain restitution as a remedy for breach of contract because the claim concerns a partial breach, and return of performance tendered is not appropriate. Damages related to breach of the agreement for consulting services may be available, but trial is necessary to construe the parties' intent because the agreement is ambiguous.
Court: USDC Delaware, Judge: Noreika, Filed On: July 27, 2023, Case #: 1:17cv1059, NOS: Other Contract - Contract, Categories: Contract