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  • Richards v. Copes-Vulcan, Inc.

    Publication Date: 2019-08-07
    Practice Area: Toxic Torts
    Industry: Automotive | Chemicals and Materials
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Adam Balick and Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE; Bartholemew J. Dalton, Ipek K. Medord, Andrew C. Dalton and Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for plaintiffs.
    for defendant: Jason A. Cincilla, Amaryah K. Bocchino, Ryan W. Browning and Tye C. Bell, Manning Gross + Massenburg LLP, Wilmington, DE for defendant The Goodyear Tire & Rubber Co. Paul A. Bradley and Antionette D. Hubbard, Maron Marvel Bradley An-derson & Tardy LLC, Wilmington, DE for defendant Copes-Vulcan, Inc. Christian J. Singewald and Rochelle L. Gumapac, White and Williams LLP, Wilmington, DE; Jessica L. Ellsworth, Hogan Lovells US LLP, Washington, DC for defendant Ford Motor Co.
    Case Number: D68659

    In this asbestos exposure case, the report of plaintiffs' expert relying solely on cumulative exposure was insufficient, because plaintiffs were required to show that exposure from each defendant's product was a substantial factor in causing injury.

  • Brown v. State

    Publication Date: 2019-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Roderick Brown, appellant pro se
    for defendant: Kathryn J. Garrison, Department of Justice, Dover, DE for appellee
    Case Number: D68654

    Forfeiture of vehicles reversed where state's evidence undercut its theory that defendant used the vehicles as stores of the proceeds of his drug dealing.

  • CompoSecure, LLC v. CardUX, LLC

    Publication Date: 2019-08-07
    Practice Area: Contracts | Fee Disputes
    Industry: Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren, and David M. DeVito, Kaufman, Coren & Ress, P.C., Philadelphia, PA for appellants
    for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin, Ballard Spahr LLP, Philadelphia, PA for appellees
    Case Number: D68656

    Sales agreement was not subject to restricted activities provision of party's LLC agreement where only required payments fell under the scope of the provision and commission payments in sales agreement were not required since party retained unilateral ability to decide whether to make the payment.

  • Baker v. State

    Publication Date: 2019-07-31
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicole M. Walker, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: John Williams, Deputy Attorney General, Dover, DE for appellee.
    Case Number: D68646

    Adjudication of delinquency for rape reversed where family court made evidentiary errors including admission of hearsay evidence and propensity evidence.

  • Stoner v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Kevin P. Tray, Wilmington, DE for Arthur Stoner.
    Case Number: D68643

    A family court's adjudication of delinquency for robbery was not supported by specific findings.

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

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  • Taylor v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Andrew J. Vella, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D68644

    The trial court erred in accepting a plea of guilty but mentally ill where defendant expressed that he wished to withdraw his plea.

  • Longford-Myers v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Martin B. O'Connor, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D68641

    When a criminal defendant was sentenced for multiple convictions and one of sentences was subject to modification due to il-legality, the court did not have authority to modify the other lawful sentences.

  • State v. Gates

    Publication Date: 2019-07-17
    Practice Area: Administrative Law | Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for the state.
    for defendant: Walt F. Schmittinger and Candace E. Holmes, Schmittinger and Rodriguez, P.A., Dover, DE for claimant.
    Case Number: D68636

    The Industrial Accident Board applied the correct legal standard in determining that a claimant was within the course and scope of his employment at the time he was injured in a motor vehicle accident, and the board's decision was supported by sub-stantial evidence.

  • The City of Lewes v. Nepa

    Publication Date: 2019-07-03
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Glenn C. Mandalas and Daniel F. McAllister, Baird Mandalas Brockstedt, LLC, Dover, DE for the City of Lewes.
    for defendant: Michael J. Hoffman, Tarabicos Grosso, LLP, New Castle, DE for the Board of Adjustment. Kyle F. Dunkle and Mark F. Dunkle, Parkowski Guerke and Swayze, P.A., Dover, DE for Ernest and Deborah Nepa.
    Case Number: D68621

    A state statute regarding municipal variances set minimum standards, and a city could enact stricter variance requirements.

  • Henry v. Cincinnati Ins. Co.

    Publication Date: 2019-06-26
    Practice Area: Insurance Litigation
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Jonathan B. O'Neill and Jennifer D. Donnelly, Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Christiana, DE for plaintiff Henry.
    for defendant: Francis J. Jones, Jr. and Wilson A. Gualpa, Morris James LLP, Georgetown, DE for plaintiff Fritz. Krista E. Shevlin and William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
    Case Number: D68610

    The exclusivity provision of the Workers' Compensation Act did not prevent an employee who received workers' compensation benefits from also receiving underinsured motorist benefits under an employer's automobile liability policy which was purchased from a third-party insurance company.