• US Dominion, Inc. v. Fox News Network

    Publication Date: 2023-02-21
    Practice Area: Litigation
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: N21C-03-257 EMD

    The court applied N.Y. C.P.L.R. §76-a to a defamation dispute regarding New York's anti-SLAPP statute, relying on precedent holding that where the procedural rules of the "foreign state" are so "inseparably interwoven" with the substantive rights as to render a modification of the foregoing rule necessary, the foreign state's laws may apply.

  • Zenith Energy Terminals Joliet Holdings LLC v. CenterPoint Props. Trust

    Publication Date: 2023-02-21
    Practice Area: Contracts
    Industry: Cargo and Shipping | Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Patrick J. Lamb, J’Aimee Crockett, ElevateNext Law, Chicago, IL for plaintiffs.
    for defendant: F. Troupe Mickler IV, Randal J. Teti, Ashby & Geddes, P.A., Wilmington, DE; James D. Dasso, Jennifer S. Park, and Mason D. Roberts, Foley & Lardner LLP, Chicago, IL for defendant.

    Case Number: N19C-10-054 EMD CCLD

    Court declined to enter summary judgment on breach of contract claim where the parties' evidence created genuine issues of material fact regarding whether defendant had used reasonable best efforts to complete the project.

  • Medlink Health Solutions, LLC v. JL Kaya, Inc.

    Publication Date: 2023-02-21
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Legal Services | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Aman Kaushik Sharma, The Sharma Law Firm, LLC, Wilmington, DE for plaintiffs.
    for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Ari S. Casper, Ralph S. Tyler, The Casper Firm, LLC, Baltimore, MD for defendants.

    Case Number: N22C-09-799 FJJ

    Court could exercise personal jurisdiction over parties who had been afforded certain rights and benefits under a settlement agreement, even though they were not signatories to the settlement.

  • 250 Executive, LLC v. Christina Sch. Dist.

    Publication Date: 2023-02-14
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for petitioner.
    for defendant: James H. McMackin, III, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendants.

    Case Number: N22C-03-190 FWW

    Taxing entity improperly exercised discretion to deny refund request where taxpayer had undisputedly overpaid its property taxes due to the county's erroneous assessments.

  • BDO USA, LLP v. EverGlade Global, Inc.

    Publication Date: 2023-02-14
    Practice Area: Business Torts
    Industry: Accounting | Consulting
    Court: Delaware Superior Court
    Judge: Judge McCormick
    Attorneys: For plaintiff: Ethan Townsend, Kevin M. Regan, Ashley R. Altschuler, McDermott Will & Emery LLP, Wilmington, DE; Michael J. Sheehan, McDermott Will & Emery LLP, Chicago, IL; Russell Hayman, McDermott Will & Emery LLP, Los Angeles, CA; Sarah E. Walters, McDermott Will & Emery LLP, Boston, MA for plaintiff.
    for defendant: Julia B. Klein, Klein LLC, Wilmington, DE; Lita Beth Wright, Amini LLC, New York NY for defendant.

    Case Number: N22C-12-063 KSM CCLD

    Court granted default judgment as a sanction for the destruction of evidence that apparently would prove defendant's liability.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • GuideOne Nat'l v. Albert, LLC

    Publication Date: 2023-02-14
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging | Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lisa C. McLaughlin, Todd L. Goodman, Phillips Mclaughlin & Hall, P.A., Wilmington, DE for plaintiff.
    for defendant: Brian T. McNelis, Young & McNellis, Dover, DE for defendant.

    Case Number: N21C-06-006 CEB

    The court granted defendant's motion for summary judgment finding that plaintiff insurer could not bring a subrogation claim against defendant renter whose rent payments contributed to the apartment complex's insurance premium.

  • Hansen v. Brandywine Nursing & Rehab. Ctr., Inc.

    Publication Date: 2023-02-07
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Madeline R. Silverman, Gordon Fournaris & Mammarella, P.A., Wilmington, DE; Michael P. Minuti, McCan Dillon Jaffe & Lamb, LLC, Wilmington, DE for plaintiffs.
    for defendant: Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendant.

    Case Number: N21C-03-233 CEB

    Public Readiness and Emergency Preparedness Act of 2005 did not afford immunity to nursing homes for residents' COVID-19 deaths allegedly caused by negligent infection control procedures.

  • Alatus Aerosystems v. Triumph Aerostructures, LLC

    Publication Date: 2023-02-07
    Practice Area: Contractual Disputes
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Joelle E. Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE; Michael D. O’Mara, Joseph T. Kelleher, Stradley Ronon Stevens & Young, LLP, Philadelphia, PA for defendants/counterclaim plaintiffs.
    for defendant: Catherine A. Gaul, Ashby & Geddes, P.A., Wilmington, DE; Shireen A. Barday, Nathan C. Strauss, Kim P. Kirschenbaum, Gibson, Dunn & Crutcher, LLP, New York, NY for counterclaim defendants.

    Case Number: N20C-12-038-EMD [CCLD]

    The court granted the motion to dismiss on the grounds that defendant was merely considered an "affiliate" and therefore did not qualify as a "seller" within the meaning of Section 8.2(b) of the purchase agreement.

  • PVP Aston, LLC v. U.S. Bank Nat'l Ass'n

    Publication Date: 2023-02-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Michael L. Vild, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
    for defendant: Robert A. Penza, Christina B. Vavala, Polsinelli PC, Wilmington, DE: Llynn K. White, Polsinelli PC, St. Louis, MO; John A. Sensing, Carson R. Bartlett, Potter Anderson & Corroon LLP, Wilmington, DE; Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendants.

    Case Number: N22C-03-103 AML CCLD

    Plaintiffs were not entitled to declaratory judgment on their breach of contract and quiet title claims where their proffered interpretation of their contracts with their lenders and mortgage insurers were unreasonable as it would effectively absolve plaintiffs from their obligation to make their final balloon loan payment.

  • Payne v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-01-31
    Practice Area: Labor Law
    Industry: Health Care | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Richard T. Wilson, Joe Klusman, Legal Services Corporation of Delaware, Inc., Wilmington, DE for appellant.
    for defendant: Victoria Counihan, Deputy Attorney General, Victoria Goff, Assistant Attorney General, Department of Justice, Wilmington, DE; Ingleside Homes, Inc. Wilmington, DE for appellees.

    Case Number: N22A-09-002 FWW

    Employer's failure to appear before the Unemployment Insurance Appeal Board or to obtain legal counsel required reversal of decision affirming appeal referee's determination that employee was discharged for good cause and thereby disqualified from unemployment compensation benefits.