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  • Dufresne v. Camden-Wyoming Fire Co. Inc.

    Publication Date: 2020-05-20
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Gregory A. Morris, Ligouri & Morris for plaintiff.
    for defendant: Jonathan L. Parshall, Murphy & Landon for defendants.
    Case Number: D68983

    Volunteer fire company and its board members were immune from defamation liability under state law pursuant to tort claim act immunity, and under §1983 because the company and the board members did not qualify as state actors for §1983 liability since firefighting was not an exclusive state function and there was no entwinement between the company and the state.

  • Gala v. Delaware Bd. of Med. Licensure &Discipline

    Publication Date: 2020-05-20
    Practice Area: Regulation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Benjamin A. Schwartz and Gwendolyn Osborn-Gustavson, Schwartz & Schwartz, Attorneys at Law, P.A., Dover, DE for appellant.
    for defendant: Patricia A. Davis, Delaware Deputy State Solicitor, Dover, DE for appellee.
    Case Number: D68984

    Medical board did not err in revoking doctor's license where it expressly declined to rely on improper factual findings by hearing officer and where sufficient evidence existed to support finding that doctor engaged in inappropriate sexual relationship with a patient in exchange for opioid prescriptions.

  • State of Delaware v. Henry

    Publication Date: 2020-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Christel Duff, Dep’t of Justice, Dover, DE for the state.
    for defendant: Ronnier Henry, Seaford, DE, pro se defendant.
    Case Number: D68981

    The trial court improperly granted a motion to suppress, because an on-duty paramedic was a government actor and he had probable cause to detain defendant. Reversed and remanded.

  • Nokia Solutions & Networks Oy v. Collision Commc'ns, Inc.

    Publication Date: 2020-05-13
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: James J. Freebery, Daniel J. Brown, Hayley J. Reese, McCarter & English, LLP, Wilmington, DE; David Himelfardm McCarter & English, LLP, Boston, MA for plaintiff.
    for defendant: Douglas D. Herrmann and James H.S. Levine, Pepper Hamilton LLP, Wilmington, DE; Tyler E. Chapman of Todd & Weld, LLP, Boston, MA for defendant.
    Case Number: D68980

    The court granted defendant's motion for a stay, because this case was contemporaneously filed with another proceeding, and the parties were more naturally aligned in the other proceeding.

  • Anderson v. GI Assocs. of Delaware, P.A.

    Publication Date: 2020-05-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert and Lorenza A. Wolhar, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D68975

    Act of negligent treatment and resulting injury occurring on two separate dates meant that medical malpractice case involved continuum of treatment, requiring that the statute of limitations be measured from the last act in the continuum of treatment.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • Taylor v. George

    Publication Date: 2020-05-06
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hedrick, II, Bove & Hedrick, Wilmington, DE for plaintiff.
    for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for the state. Martin O’Connor, Dep’t of Justice, Wilmington, DE for defendants George and Christina School Dist.
    Case Number: D68973

    The law did not permit transfer of a civil action to an administrative agency, and the equal protection clause did not require transfer. Motion to transfer denied, but motion to amend granted.

  • Cuppels v. Mountaire Corp.

    Publication Date: 2020-04-29
    Practice Area: Environmental Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt and Stephen A. Spence, Baird Mandalas Brockstedt, Lewes, DE for plaintiff.
    for defendant: Devera B. Scott and William J. Kassab, Department of Justice, Dover, DE for non-party movant.
    Case Number: D68960

    Plaintiffs alleging injury from environmental violations were entitled to subpoena records from the Delaware Department of Natural Resources relating to its settlements with the defendants in plaintiffs' injury action.

  • Brandywood Civic Ass'n v. Cohan

    Publication Date: 2020-04-29
    Practice Area: Transportation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiffs.
    for defendant: Ann C. Cordo, Esquire, Deputy Attorney General, State of Delaware, Department of Justice, Wilmington, DE for defendants.
    Case Number: D68958

    Dismissal of declaratory judgment and mandamus action granted where funding program for DelDOT to complete road and transportation projects was a blend of legislative and executive powers and therefore did not violate separation of powers, and where plaintiffs failed to specify the relief sought through writ of mandamus.

  • Firmenich Inc. v. Natural Flavors, Inc.

    Publication Date: 2020-04-22
    Practice Area: Mergers and Acquisitions
    Industry: Chemicals and Materials | Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Alizia R. Karetnick, Ballard Spahr LLP, Philadelphia, PA; Brittany M. Giusini and Elizabeth A. Sloan, Ballard Spahr LLP, Wilmington, DE for plaintiff.
    for defendant: Lisa Zwally Brown, Steven T. Margolin, and Samuel Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Jason Kislin, and Matthew F. Bruno, Greenberg Traurig, LLP, Florham Park, NJ for defendants Natural Flavors, Inc., Harris Stein, Herbert Stein and Jason Stein. Jeffrey W. Lorell, Nino A. Coviello, and Alex C. Banzhaf, Saiber, LLC, Florham Park, NJ, Paul Cottrell, and Melissa L. Rhoads, Tighe & Cottrell, P.A., Wilmington, DE for defendants Jocelyn Manship and Julie Weisman.
    Case Number: D68951

    Duplicative damages bar did not preclude plaintiff from pursuing breach of contract and fraudulent inducement claims in the alternative where plaintiff's claim for rescission damages sufficiently distinguished its legal theories to allow them to proceed in parallel.

  • Oshatola v. Stipe

    Publication Date: 2020-04-22
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
    for defendant: Jessica L. Tyler, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants Stipe and AmSpec LLC. Sean A. Dolan, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendant Progressive Direct Ins. Co.
    Case Number: D68953

    Plaintiffs' amended complaint was not timely-filed, so it did not relate back to date the original complaint was filed. The court granted a defendant's motion to dismiss due to the expiration of the statute of limitations.