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  • Diamond Materials, LLC v. Tutor Perini Corp.

    Publication Date: 2021-06-02
    Practice Area: Contracts
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Steven F. Mones, Mintzer Sarowitz Zeris Ledva & Meyers, LLP, Wilmington, DE; Ross D. Ginsberg, Weinberg Wheeler Hudgins, Gunn & Dial, LLC, Atlanta, GA for plaintiff.
    for defendant: James S. Green, Jr., Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.
    Case Number: D69416

    Where contractual arbitration provision gave defendant the obligation to decide whether other party's claims qualified within the category of claims subject to arbitration, the defendant's decision to seek arbitration of claims it found to fall within the scope of the arbitration clause required their dismissal from the action in favor of arbitration.

  • Stevens v. Estate of Dalious

    Publication Date: 2021-05-26
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Robert C. Collins, II, Schwartz & Schwartz, P.A., Wilmington, DE for plaintiffs.
    for defendant: Kenneth M. Doss, Daniella C. Spitelli, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendant.
    Case Number: D69412

    The court granted summary judgment on an insurer's claim regarding uninsured motorist benefits because the insured did not identify any negligence on the part of the driver of a phantom vehicle.

  • State of Delaware, ex rel. Jennings v. Capriglione

    Publication Date: 2021-05-19
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Mark A. Denny, Jr., David C. Skoranski, Dep’t of Justice, Wilmington, DE for petitioner.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for respondent Capriglione. N. Christopher Griffiths, Daniel R. Stanek, Connolly Gallagher LLP, Wilmington, DE for respondent Town of Newport.
    Case Number: D69402

    A conviction for the misdemeanor of official misconduct qualified as an "infamous crime" within the mean-ing of the Delaware constitution, so the individual was precluded from subsequently holding public office.

  • State of Delaware v. Irwin

    Publication Date: 2021-05-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: James K. McCloskey, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Thomas A. Foley, Wilmington, DE for defendant.
    Case Number: D69403

    A warrantless search of defendant's residence was improper, and although the search yielded no evidence that could be suppressed, the court held that defendant was entitled to a reduction in his probationary peri-od.

  • Browning v. State of Delaware

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for appellant.
    for defendant: Keri L. Morris-Johnson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: D69398

    Injury that occurred on state-owned property was insufficient to trigger premises exception to the coming and going rule for public employee where the employee's injury occurred as she walked to the courthouse and had not crossed the threshold of courthouse property.

  • Law Journal Press | Digital Book

    America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition

    Authors: Mary Anthony Merchant

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  • Naughton v. GEM Ambulance, LLC

    Publication Date: 2021-05-12
    Practice Area: Motor Vehicle Torts
    Industry: Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Michael P. Minuti, McCann & Wall LLC, Wilmington, DE for plaintiff.
    for defendant: Roger D. Landon, Murphy & Landon, Wilmington, DE; Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: D69394

    The court granted summary judgment in favor of an ambulance company and an insurer because plaintiff failed to demonstrate any genuine issue of material fact regarding his negligence claims.

  • Washington v. Perrine

    Publication Date: 2021-05-12
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Bayard J. Snyder, Snyder & Associates, P.A., Wilmington, DE for plaintiff.
    for defendant: Matthew E. O’Byrne, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendant.
    Case Number: D69397

    Defendant property owner did not have a duty to repair defects in a sidewalk abutting her property, so the court granted defendant's motion for summary judgment.

  • Rumbo v. Am. Med. Sys., Inc.

    Publication Date: 2021-05-12
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: R. Joseph Hrubiec, Napoli Shkolnik LLC, Wilmington, DE for plaintiff.
    for defendant: Brian M. Rostocki, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Barbara R. Binis, Stephen J. McConnell, Whitney L. Mayer and Christian W. Saucedo, Reed Smith LLP, Philadelphia, PA for defendant.
    Case Number: D69396

    The statute of limitations barred plaintiffs' pelvic mesh claim, so the court granted summary judgment in favor of defendant.

  • Moyer v. Am. Zurich Ins. Co.

    Publication Date: 2021-05-12
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Phillip T. Edwards, Murphy & Landon, Wilmington, DE for plaintiff.
    for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE for defendant.
    Case Number: D69393

    The court denied an insurer's motion for partial summary judgment regarding punitive damages because the injured party presented sufficient facts to permit a jury to find recklessness.

  • Galarza v. Olmstead

    Publication Date: 2021-05-05
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for plaintiffs.
    for defendant: Amy M. Taylor, Heckler & Frabizzio, Wilmington, DE; Ronald M. Ransom, Casarino Christman Shalk Ran-som & Doss, P.A., Wilmington, DE for defendants.
    Case Number: D69385

    Where a driver had been excluded from coverage under a policy, injured family members could not recover under the uninsured motorist provisions of the policy.