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  • Giles v. Town of Elsmere

    Publication Date: 2023-01-03
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
    for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
    Case Number: N22M-02-006 EMD

    Mandamus relief seeking admission to state pension plan dismissed on statute of limitations grounds where municipal officer's alleged right to apply for admission to pension plan accrued upon hire nearly 10 years prior.

  • LCT Capital, LLC v. NGL Energy Partners LP

    Publication Date: 2023-01-03
    Practice Area: Contractual Disputes
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John L. Reed, Daniel Klusman, DLA Piper LLP, Wilmington, DE for plaintiff.
    for defendant: Steven T. Margolin, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig, LLP, New York, NY for defendants.
    Case Number: N15C-08-109 MAA CCLD

    The court granted in part and denied in part motions to exclude evidence and testimony submitted by both parties to a breach of contract case.

  • Parma VTA LLC v. Parma GE 7400, LLC

    Publication Date: 2023-01-03
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Catherine A. Gaul, Michael J. Vail, Ashby & Geddes, Wilmington, DE; Mark I. Walach, Walter Haverfield, Cleveland, OH for plaintiff.
    for defendant: John A. Sensing, Brandon R. Harper, Potter Anderson & Corroon LLP, Wilmington, DE; Eric H. Zagrans, Zagrans Law Firm LLC, Columbus, OH for defendant.
    Case Number: N22C-03-092 AML CCLD

    Breach of contract claim survived dismissal where tenancy-in-common agreement required parties to share expenses for property, and thus tenant breached this obligation by failing to contribute toward payment of mortgage used to refinance property upon acquisition.

  • Stein v. Wind Energy Holdings, Inc.

    Publication Date: 2022-12-27
    Practice Area: Creditors' and Debtors' Rights
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jeffrey S. Cianciulli, Weir Greenblatt Pierce LLP, Wilmington, DE for plaintiffs.
    for defendant: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Jonathan L. Scher, The Scher Law Firm, LLP, Carle Place, NY for defendant.
    Case Number: N21C-09-060 CEB

    Contractual fraud claims arising from corporate investments were dismissed where plaintiffs presented no evidence to show that corporate officers knew pre-contractual representations were false or that plaintiffs were unaware of the company's precarious financial situation or the right of the company to modify the parties' agreement without plaintiffs' consent.

  • Baker v. Mercedes-Benz USA, LLC

    Publication Date: 2022-12-27
    Practice Area: Products Liability
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Heather Long, Kimmel Carter Roman Peltz & O’Neill, PA, Newark, DE; David L. Kwass, Benjamin Baer, Saltz Mongeluzzi & Bendesky P.C., Philadelphia, PA for plaintiff.
    for defendant: Shari L. Milewski, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; David Killoran, Squire Patton Boggs, San Francisco, CA; Gerard Cedrone, Lavin, Cedrone, Graver, Boyd & DiSipio, Philadelphia, PA for defendants.
    Case Number: S18C-06-002 CAK

    Court declined to grant summary judgment dismissal based on alleged insufficiencies of plaintiff's expert's opinion where defendants' challenges to the expert's opinion were based primarily on factual disagreements that the jury was entitled to resolve.

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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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  • Quality Assured Inc. v. David

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Nicholas Bittner for appellant.
    for defendant: David Crumplar for appellee.
    Case Number: N22A-05-012 SKR

    Industrial Accident Board had a sufficient evidentiary basis to award additional medical expenses upon crediting claimant's treating physician's testimony that was probative to show that epidural injections were causally related to claimant's work injury and necessary to provide him with functional relief.

  • McLaughlin v. C&D Contractors

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Linda Wilson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellant.
    for defendant: David Crumplar, Jacobs & Crumplar, Wilmington, DE for appellee.
    Case Number: N22A-04-002- FJJ

    Date of diagnosis of an occupational disease, rather than the date of last exposure to the cause of the disease, was the relevant date for determining a worker's average weekly wage and the controlling maximum weekly benefit.

  • Ent. Data Oracle, Inc. v. iSpot.tv, Inc.

    Publication Date: 2022-12-20
    Practice Area: Corporate Entities
    Industry: Advertising | Software
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Garrett B. Moritz, Elizabeth M. Taylor, Ross Aronstam & Moritz LLP, Wilmington, DE; Demian A. Ordway, Timothy W. Grinsell, Victoria Roeck, Holwell Shuster & Goldberg LLP, New York, NY for plaintiff.
    for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Gavin W. Skok, Fox Rothschild LLP, Seattle, WA for defendant.
    Case Number: N22C-06-133

    The court denied a motion to dismiss a claim in Delaware under the McWane Doctrine on the basis that a separate action between the parties in California raised different issues.

  • Harper v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2022-12-20
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Justice Primos
    Attorneys: For plaintiff: Nicholas H. Rodriguez, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiffs.
    for defendant: Krista E. Shevlin, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for defendant.
    Case Number: K22C-07-005 NEP

    Uninsured motorist coverage did not apply in an accident caused by a horse-drawn buggy, since it was not a "motor vehicle" as it was not self-propelled by an internal combustion engine.

  • Gone GB Ltd. v. Intel Servs. Div., LLC

    Publication Date: 2022-12-20
    Practice Area: Contracts
    Industry: E-Commerce | Software
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Wilks, Wilks Law, LLC, Wilmington, DE; David Leichtman, Leichtman Law PLLC, New York, NY for plaintiff.
    for defendant: Matthew E. Fischer, Jonathan A. Choa, Jacqueline A. Rogers, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Vanessa Soriano Power, Stoel Rives LLP, Seattle, WA; Samantha K. Sondag, Stoel Rives LLP, Portland, OR for defendants.
    Case Number: N21C-05-198 EMD CCLD

    Quasi-contractual claims failed where there was no evidence that plaintiffs performed any services or conferred any benefit on defendants beyond those expressly identified in the parties' written contract.