• Duncan v. STTCPL, LLC

    Publication Date: 2020-03-04
    Practice Area: Environmental Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Mark F. Dunkle, Elio Battista, and Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendants Service Energy, LLC and STTCPL, LLC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Coastal Pump and Tank, Inc.

    Case Number: D68896

    Gas station owner was bound to environmental contamination settlement agreement where owner failed to present evidence that any new contamination arose as a result of tenant's activities.

  • State of Delaware v. Smith

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Matthew Frawley, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.

    Case Number: D68901

    The court denied a juvenile defendant's motion to transfer his case to family court.

  • State of Delaware v. Purnell

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68900

    The court summarily dismissed defendant's motion for post-conviction relief because it was untimely.

  • State of Delaware v. Purnell

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68900

    The court summarily dismissed defendant's motion for post-conviction relief because it was untimely.

  • Wilmington-5190 Brandywine Parkway, LLC. V. Acadia Brandywine Holdings, LLC

    Publication Date: 2020-02-26
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Michael J. Barrie, Stephen M. Ferguson and William M. Alleman, Jr., Benesch, Friedlander, Coplan & Aronoff LLP, Wilming-ton, DE; Helen Gavaris, Loeb & Loeb LLP, New York, NY for plaintiff.
    for defendant: Andrew D. Cordo, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Adam C. Silverstein and Rebecca E. Algie, Otterbourg P.C., New York, NY for defendants.

    Case Number: D68893

    Defendants' actions triggered the full recourse provisions under the loan and guaranty agreements. Plaintiff's claims were not barred by the statute of limitations.

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    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

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

    Publication Date: 2020-02-19
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE for plaintiff.
    for defendant: Scott E. Chambers and Gary E. Junge, Schmittinger & Rodrigue P.A., Dover, DE for defendant.

    Case Number: D68884

    Where a passenger sustained injuries in a single vehicle accident that were in excess of the bodily injury and personal injury protection limits, the driver's underinsured motorist coverage applied as well.

  • State of Delaware v. Mareno

    Publication Date: 2020-02-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Christian D. Wright, 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: D68876

    A criminal defendant was not entitled to relief for ineffective assistance of counsel because he had accepted a plea agreement and the sentence was within the range contemplated by the agreement.

  • Delaware Dep't of Natural Res. & Envt'l Control v. Delaware Solid Waste Auth.

    Publication Date: 2020-02-12
    Practice Area: Administrative Law | Environmental Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Kassab, Deputy Attorney General, Department of Justice for appellant.
    for defendant: Michael W. Teichman, Elio Battista, and Kyle F. Dunkle, Parkowski Guerke & Swayze, P.A.; Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner PA for appellees.

    Case Number: D68871

    Environmental Appeals Board erred in overturning Department of Natural Resources and Environmental Control secretary's violation and penalty assessments for permitting violations by imposing a mens rea requirement when conditions were subject to strict liability

  • 1313 Owner LLC v. New Castle County Office of Fin., Assessment Div.

    Publication Date: 2020-02-12
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Thomas P. McGonigle and Sawyer M. Traver for appellant.
    for defendant: Adam Singer and Nicholas J. Brannick for appellees.

    Case Number: D68870

    Property tax board erred in failing to consider subject commercial property's high vacancy rate and the effect it had on the property's valuation.

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

    Publication Date: 2020-02-05
    Practice Area: Insurance Law
    Industry: Energy | Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Brenton W. Vincent, Steven G. Trubac, and Bryan Cave Leighton, Paisner LLP, Chicago, IL; David J. Baldwin, Carla M. Jones, and Tracey E. Timlin, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiffs.
    for defendant: Louis A. Bove, Bodell Bove, LLC, Philadelphia, PA; Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE for defendant Zurich American Insurance Co. Neel Lane, Norton Rose Fulbright US LLP, San Antonio, TX; Samantha Miller, Norton Rose Fulbright US LLP, Washington, DC; Thomas G. Macauley, Wilmington, DE for defendant Beazley Insurance Co.

    Case Number: D68864

    Run-off exclusion in insurance policy released insurer from duty to advance defense costs for litigation arising from wrongful acts and interrelated transactions that fell within the scope of the exclusion.