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  • Sun Life Assurance Co. of Canada v. Wilmington Sav. Fund Soc'y

    Publication Date: 2020-04-20
    Practice Area: Law Firm Client Relationships
    Industry: Financial Services and Banking | Insurance | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Simon E. Fraser and Thomas Francella, Cozen O’Connor, Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi and Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for defendant.
    Case Number: D68955

    A law firm's prior representation presented a conflict that could not be waived. Motion for reargument denied.

  • Weinstein v. Luxeyard, Inc.

    Publication Date: 2020-04-08
    Practice Area: Contractual Disputes
    Industry: E-Commerce | Retail
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE for plaintiff.
    for defendant: Ann M. Kashishian, Kashishian Law, LLC, Wilmington, DE for defendant.
    Case Number: D68941

    The court denied defendant's motions to amend its answer based on undue delay, prejudice and bad faith.

  • Rehoboth Bay Homeowners' Ass'n v. Hometown Rehoboth Bay, LLC

    Publication Date: 2020-04-01
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Olga K. Beskrone, Community Legal Aid Society, Inc., Wilmington, DE for appellant homeowners.
    for defendant: Michael P. Morton, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee landowner.
    Case Number: D68929

    The court affirmed an arbitrator's decision regarding a rent increase under the Rent Justification Act, because it was supported by substantial evidence of expenses directly related to capital improvements involving a manufactured home community.

  • Monzo v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2020-04-01
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Dana Spring Monzo and Eric J. Monzo, pro se plaintiffs.
    for defendant: Louis J. Rizzo, Jr. and Paul D. Sunshine, Reger Rizzo & Darnall LLP for defendant.
    Case Number: D68927

    Homeowners not entitled to insurance coverage for property damage caused by a rainstorm where "scouring" and "debris from trees" found by the parties' engineers to have caused the damage fell within the homeowners' policy's exclusions for "earth movement" and "water-borne material."

  • State of Delaware v. Smith

    Publication Date: 2020-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Amanda J. DiLiberto, Deputy Attorney General, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    Case Number: D68932

    Defendant was not entitled to post-conviction relief, because trial counsel did not act improperly in cross-examining a witness instead of moving to strike, requesting a curative instruction, or moving for a mistrial.

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  • Schweitzer v. LCR Capital Partners, LLC

    Publication Date: 2020-03-25
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Sean A. Meluney and Matthew D. Beebe, Benesch Friedlander Coplan & Aronoff, LLP, Wilmington, DE; Scott R. Matthews, Windels Marx Lane & Mittendorf, LLP, New York, NY for plaintiff.
    for defendant: James M. Yoch, Jr. and Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Lindsay Neinast, Littler Mendelson PC, Washington, DC for defendant.
    Case Number: D68925

    The court lacked personal jurisdiction over a non-resident company manager, and it granted motions to dismiss as to indemni-fication and defamation claims. However, plaintiff adequately stated a wage claim.

  • Erosion Control Specialists, Inc. v. Hyetts Corner, LLC

    Publication Date: 2020-03-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: G. Kevin Fasic, Offit Kurman, P.A., Wilmington, DE for plaintiff.
    for defendant: Richard L. Abbott, Abbott Law Firm, LLC, Hockessin, DE for defendant.
    Case Number: D68921

    A landscaping contractor was not entitled to a mechanic's lien or to recovery under the Building Construction Payments Act, because it performed no work on any structure. Motion to dismiss granted.

  • Delaware Technical & Cmty. Coll. v. Binns

    Publication Date: 2020-03-25
    Practice Area: Labor Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Elizabeth O. Groller for appellant.
    for defendant: Gary W. Aber, Gary W. Aber, P.A. for appellee.
    Case Number: D68920

    Terminated employee entitled to unemployment benefits where his termination was without just cause as he was not put on notice regarding his conduct and his conduct was not sufficiently egregious to warrant termination in the absence of prior warning.

  • Powell v. AmGuard Ins. Co.

    Publication Date: 2020-03-18
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John S. Spadaro of John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE; John D. Balaguer, White & Williams, LLP, Wilmington, DE; Ed-ward M. Koch, White & Williams, LLP, Philadelphia, PA for defendant.
    Case Number: D68914

    The jury's verdict of $500,000 in punitive damages shocked the conscience because it was so disproportionate to the compen-satory damages. The court granted defendant's motion for a new trial on the issues of both liability and damages, because plain-tiff's counsel made inflammatory remarks during closing argument which likely prejudiced the jury.

  • State of Delaware v. Wisher

    Publication Date: 2020-03-18
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Erika Flaschner and Jillian Schroeder, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Cathy Johnson and Charles Tate, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D68916

    The court denied a juvenile's motion to transfer charges to family court, because the juvenile engaged in conduct that was in-creasingly violent, and he had not meaningfully responded to past attempts at rehabilitation.