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  • Garcia-Rivera v. Gottcschall

    Publication Date: 2022-12-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Benjamin Schwartz, Schwartz & Schwartz, Dover, DE for plaintiff.
    for defendant: Kenneth Doss, Casarino, Christman, Shalk, Ransom & Doss, Wilmington, DE for defendant.
    Case Number: N18C-09-142 SKR

    Additur appropriate where jury verdict on retrial indicated that it did not find liability or causation even though such issues had been resolved in a prior judgment as a matter of law, so that the jury's zero-verdict could be brought up to a minimum reasonable amount of damages.

  • Fretz v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-12-20
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Fretz, pro se appellant
    for defendant: Dover, DE. Michael G. Rushe, Hudson, Jones, Jaywork & Fisher, LLC, Dover, DE; Victoria E. Groff, Department of Justice, Wilmington, DE for appellees.
    Case Number: K22A-05-003 NEP

    The court remanded a decision of the Unemployment Insurance Appeal Board denying appellant's unemployment benefits on the basis that he voluntarily left his position and therefore did not qualify for benefits under 19 Del. C. §3314(1).

  • Bako Pathology LP v. Bakotic

    Publication Date: 2022-12-13
    Practice Area: Contractual Disputes
    Industry: Biotechnology
    Court: Delaware Superior Court
    Judge: Judge Valihura
    Attorneys: For plaintiff: Mary F. Dugan, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Robert W. Capobianco, Adriana R. Midence, Kelli N. Church, Jackson Lewis P.C., Atlanta, GA for appellants.
    for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE; Salmeh K. Fodor, Kristoffer V. Sargent, KF Law, LLC, Atlanta, GA for appellees.
    Case Number: 382, 2021

    The court affirmed in part and reversed in part a cross-appeal arising out of a corporate litigation claim.

  • Grottenthaler v. SVN Med, LLC

    Publication Date: 2022-12-13
    Practice Area: Employment Litigation
    Industry: Biotechnology | Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael W. McDermott, David B. Anthony, Berger Harris LLP, Wilmington, DE; Bryan J. Wick, Jack Lilley, Wick Phillips Gould & Martin, LLP, Dallas TX for plaintiff.
    for defendant: Blake Rohrbacher, Samuel J. Gray, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Messerli, The Messerli Law Firm, Trophy Club, TX for defendant.
    Case Number: N21C-12-131 CEB

    Suit for wages and severance pay was not dismissed where employer identified no condition precedent to terminated employee's right to receive wages, and where there were outstanding issues of material fact concerning whether employer had materially breached the parties' contract, entitling employee to receive separation pay.

  • State v. Galindez

    Publication Date: 2022-12-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1712008053

    Motion for postconviction relief failed where defendant could not show that newly discovered eyewitness with testimony supporting a claim of self-defense would have altered the outcome of the trial as such testimony did not establish defendant's actual innocence, particularly where the testimony could not explain why defendant continued to use force and robbed the victim.

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Tolliver v. Qlarant Quality Solutions, Inc.

    Publication Date: 2022-12-06
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
    for defendant: Tiffany R. Hubbard, Pamela Moore, McCarter & English, LLP, Hartford, CT; Chelsea A. Botsch, McCarter & English, LLP, Wilmington, Delaware for defendants.
    Case Number: K21C-06-040 NEP

    The court found for defendant corporation in an employment litigation sounding in discrimination and defamation claims.

  • Freeman v. Carter

    Publication Date: 2022-11-29
    Practice Area: Legal Malpractice
    Industry: Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Melissa Freeman, D. Robert Freeman, appellants pro se.
    for defendant: Jeffrey M. Weiner, The Law Offices of Jeffrey M. Weiner, P.A., Wilmington, DE; Donald L. Gouge, Jr., Wilmington, DE, attorneys for appellees.
    Case Number: N21C-09-081 EMD

    Contract and indemnification claims against real estate attorney failed where there was no evidence indicating the existence of a contractual or attorney-client relationship between the attorney and sellers, as the attorney expressly advised sellers that she was representing the buyers.

  • Revolution Rentals DE, LLC v. Pomerleau

    Publication Date: 2022-11-22
    Practice Area: Civil Procedure
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Catherine Di Lorenzo, Stern & Eisenberg Mid-Atlantic, PC, Newark, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendants.
    Case Number: K21C-08-007 NEP

    Failure to timely effect a transfer of an action from justice of the peace court to superior court required dismissal of the case with prejudice pursuant to the terms of the justice of the peace court's order.

  • Estate of Barotz v. Vida Longevity Fund., L.P.

    Publication Date: 2022-11-22
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Joseph M. Kelleher, Cozen O’Connor, Philadelphia, PA for plaintiff.
    for defendant: David P. Primack, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Eric A. Biderman, James M. Westerlind, Julius A. Rousseau Arent Fox LLP, New York, NY for defendant.
    Case Number: N20C-05-144 EMD CCLD

    The court granted plaintiff estate's motion for summary judgment on the grounds that defendant corporation was not entitled to collect decedent's life insurance proceeds because under 18 Del. C. §2704, the insurance policy was void due to lack of an insurable interest.

  • Pedicone v. Thompson/Center Arms Co.

    Publication Date: 2022-11-22
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE; Michael A. Trunk, Thomas E. Bosworth, Kline & Spector, P.C., Philadelphia, PA for plaintiffs.
    for defendant: Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Anthony M. Pisciotti, Danny C. Lallis, Pisciotti Lallis Erdreich, Florham Park, NJ for defendants.
    Case Number: N17C-11-264 WCC

    Court correctly precluded plaintiffs' expert from testifying that a new weapon design was evidence of an alternative feasible design for a prior version of the weapon designed decades ago since such evidence would ignore the normal progress of technological development.