• 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.

  • 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.

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  • 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.

  • Killian v. The Int'l Soc'y of Interdisciplinary Eng'rs LLC

    Publication Date: 2023-01-31
    Practice Area: Labor Law
    Industry: Education | Non-Profit | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE: David Wechsler, Daniel Grossman, Harris St. Lauren & Wechsler LLP, New York, NY for plaintiff.
    for defendant: Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Steven Suflas, Ballard Spahr LLP, Salt Lake City, UT; Joseph J. Bailey, Ballard Spahr, Philadelphia, PA for defendants.

    Case Number: N22C-05-11 EMD

    Court declined to dismiss breach of employment contract and wage claims as the parties had a genuine factual dispute over the basis for the termination of employee's employment contract, which could control whether employee was entitled to severance pay required by the agreement.

  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-01-31
    Practice Area: Contracts
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Conolly Gallagher LLP for plaintiff.
    for defendant: Paul A. Logan, Post & Schell, P.C. for defendants.

    Case Number: N21C-12-039 PAW

    Declaratory judgment seeking clarification of scope of obligations under continuing cooperation provision of parties' settlement agreement did not constitute breach of release provision entitling released party to indemnification.

  • Elzufon, Austin, Tarlov & Mondell, P.A. v. Lewis

    Publication Date: 2023-01-24
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Walter J. O’Brien, Weber Gallagher Simpson Stapleon Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.

    Case Number: N22A-03-006 FWW

    Industrial Accident Board had sufficient evidence to find causal connection between work injury and new physical symptoms where medical expert credibly testified that new symptoms were a consequence of the surgery to treat the work injury.

  • Olsen v. Fisher-Price, Inc.

    Publication Date: 2023-01-17
    Practice Area: Wrongful Death
    Industry: Consumer Products | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Robert Leoni, Shelsby & Leoni, P.A., Wilmington, DE; Alan M. Feldman, Daniel J. Mann, Edward S. Goldis, Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, LLP, Philadelphia, PA for plaintiffs.
    for defendant: Liza Zwally Brown, Corrine R. Moini, Greenberg Traurig, LLP, Wilmington, DE for defendants.

    Case Number: N21C-02-097 WCC

    Although Missouri law did not allow application of the discovery rule to toll or extend the statute of limitations on wrongful death claims, defendants could be equitably estopped from asserting a statute of limitations defense if they engaged in intentional concealment of evidence of the dangerous nature of their product.