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  • Pfizer Inc. v. U.S. Specialty Ins. Co.

    Publication Date: 2020-09-16
    Practice Area: Insurance Law
    Industry: Insurance | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Kenneth J. Nachbar, John P. DiTomo and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Robin L. Cohen, Adam S. Ziffer and Marc T. Ladd, McKool Smith, P.C., New York, NY for plaintiff.
    for defendant: Carmella P. Keener, Cooch & Taylor, P.A., Wilmington, DE; Jeffrey J. Ward, Dykema Gossett PLLC, Washington, DC for defendant.
    Case Number: D69124

    The court granted a motion for summary judgment in favor of an insured in this case involving excess coverage.

  • Parexel Int'l (IRL) Ltd. v. Xynomic Pharm., Inc.

    Publication Date: 2020-09-16
    Practice Area: Contractual Disputes
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: A. Thompson Bayliss and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE; Kurt S. Kusiak, Fitch Law Partners LLP, Boston, MA for plaintiff.
    for defendant: Lisa Zwally Brown and Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE for defendant.
    Case Number: D69123

    Although defendant did not object to invoices, plaintiff was not entitled to summary judgment because defendant raised issues of material fact regarding plaintiff's failure to perform multiple aspects of the parties' agreement.

  • State of Delaware v. Cruz-Webster

    Publication Date: 2020-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Sean P. Lugg, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Law Office of Christopher S. Koyste LLC, Wilmington, DE for defendant.
    Case Number: D69125

    Defendant failed to establish that his trial counsel was ineffective and that defendant suffered prejudice as a result.

  • Accesslex Inst. v. Walmsley

    Publication Date: 2020-09-09
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Daniel C. Kerrick, Hogan McDaniel, Wilmington, DE for plaintiff.
    for defendant: Philippa J. Walmsley, Wilmington, DE, defendant pro se.
    Case Number: D69111

    Plaintiff entitled to judgment where defendant admitted to failing to make payments under defendant's loan agreements with plaintiff and had submitted a non-conforming answer to plaintiff's complaint.

  • Weddle v. BP Amoco Chem., Co.

    Publication Date: 2020-09-09
    Practice Area: Occupational Safety and Health
    Industry: Chemicals and Materials | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Patrick C. Gallagher and David T. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for claimant.
    for defendant: Paul A. Bradley and Antoinette D. Hubbard, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE for employer.
    Case Number: D69117

    Where claimant prevailed on an appeal in this workers' compensation matter, the court awarded attorney fees but adjusted the rates requested by claimant's counsel.

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    Authors: Spencer G. Markle

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  • Ferrellgas Partners L.P. v. Zurich Am. Ins. Co.

    Publication Date: 2020-09-02
    Practice Area: Insurance Law
    Industry: Insurance | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Brenton W. Vincent, Bryan Cave Leighton Paisner LLP, Chicago, IL; David J. Baldwin and Peter C. McGivney, Berger Harris, LLP, Wilmington, DE for plaintiffs.
    for defendant: Daniel McNeel Lane, Norton Rose Fulbright US LLP, San Antonio, TX; Samantha Miller, Norton Rose Fulbright US LLP, Washington DC; Thomas G. Macauley, Macauley, LLC, Wilmington, DE, attorneys for defendant.
    Case Number: D69104

    Prior declaratory judgment directing insurer to pay insured's defense costs in underlying litigation did not obligate insured to subsequently seek a money judgment, and instead insured could submit invoices for review of reasonableness.

  • Warren v. Amstead Indus., Inc.

    Publication Date: 2020-08-26
    Practice Area: Administrative Law
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Serba LLC, Wilmington, DE for claimant.
    for defendant: Linda L. Wilson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for employer.
    Case Number: D69101

    Decision by the Industrial Accident Board was supported by substantial evidence, so the court affirmed the board's decision that claimant had voluntarily retired, resulting in the termination of her benefits.

  • Infomedia Group, Inc. v. Orange Health Solutions, Inc.

    Publication Date: 2020-08-19
    Practice Area: Contracts
    Industry: Call Centers | Health Care | Software
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Daniel J. Brown and Hayley J. Reese, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel B. Rath, Rebecca L. Butcher, and Nicolas E. Jenner, Landis Rath& Cobb, LLP, Wilmington, DE; Alan S. Wachs, Smith, Gambrell & Russell, LLP, Jacksonville, FL; Donald H. Chase, Morrison Cohen LLP, New York, NY for defendants.
    Case Number: D69087

    Fraudulent misrepresentation claims failed due to anti-reliance provision in asset purchase agreement where sophisticated parties expressly limited representations and reliance to written notice of customer terminations.

  • Manuel v. Wescott

    Publication Date: 2020-08-19
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Karl Manuel, plaintiff pro se
    for defendant: Jennifer A. Sutton, Swartz Campbell LLC for defendant.
    Case Number: D69088

    Plaintiff's failure to produce expert opinion on causation required summary judgment dismissal of his negligence claim.

  • Oyola v. 21st Century Centennial Ins. Co.

    Publication Date: 2020-08-12
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Katherine Hemming and William R. Stewart, III, Weik, Nitsche & Dougherty, LLC, Wilmington, DE for plaintiff.
    for defendant: Tracy A. Burleigh, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendant.
    Case Number: D69082

    Plaintiff did not comply with a condition precedent under his insurance policy, so he was unable to establish that defendant insurer breached the parties' agreement.