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  • Festival Fun Parks, LLC v. MS Leisure Co.

    Publication Date: 2024-01-08
    Practice Area: Mergers and Acquisitions
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Ian M. Ross, Sidley Austin LLP, Miami, FL for plaintiff.
    for defendant: Lisa Zwally Brown, Brian T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
    Case Number: N23C-03-304 EMD CCLD

    Although affirmative defenses of credits for excess payments or set-off were insufficiently pled, they were enough to put plaintiff on notice that defendants were contesting the amounts due, thereby precluding judgment on the pleadings.

  • Patton v. Quality Enter. LLC

    Publication Date: 2024-01-01
    Practice Area: Labor Law
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Anthony N. Delcollo, Michael K. DeSantis, Apla V. Batia, Offit Kurman, P.A., Wilmington, DE for defendant.
    Case Number: N23C-08-316 EMD

    Court declined to dismiss disability discrimination claim where diabetes might qualify as a disability as defined by the ADA and employer was on notice of worker's need for accommodations for his diabetes.

  • Bergmann v. SH Parent, Inc.

    Publication Date: 2023-12-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Consumer Products | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Samuel T. Hirzel, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
    for defendant: Jesse L. Noa, Potter, Anderson & Corroon LLP, Wilmington, DE for defendants.
    Case Number: N22J-00660

    Court denied motion to compel discovery in aid of execution where claimant was merely seeking merits-based discovery for another action for injunctive relief.

  • Bumpus v. USAC Ross LLC

    Publication Date: 2023-12-18
    Practice Area: Wrongful Death
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hendrick, Bove & Hendrick, Wilmington, DE; Joseph P. Musacchio, Anthony Tarricone, Kreindler & Kreindler, LLP; Kathryn E. Barnet, Morgan & Morgan, Douglas P. Desjardins, Pangia Law Group for plaintiff.
    for defendant: Jeffrey L. Moyer, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan Nussbaum, Thompson Hine, LLP for defendants.
    Case Number: N22C-09-008 JRJ

    Court declined to apply choice of law provision in asset purchase agreement where chosen state bore no substantial relationship to the transactions or the parties to the transaction.

  • Weller v. Morris James LLP

    Publication Date: 2023-12-11
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: William W. Weller, Middletown, DE, appellant pro se.
    for defendant: Jennifer C. Jauffret, Richards, Layton & Finger, P.A., Wilmington, DE; Victoria W. Counihan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellees.
    Case Number: N23A-03-007 FWW

    Unemployment benefits claim was properly denied where worker received one year's worth of wages as a final payment upon separation from employment, meaning that the worker was not economically insecure and in need of unemployment compensation.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Boatright v. State Farm Ins. Co.

    Publication Date: 2023-12-11
    Practice Area: Discovery
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joel H. Fredricks, Gary S. Nitsche, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiffs.
    for defendant: Jospeh J. Bellew, Gordon Rees Scully Mansukhani, LLP Wilmington, DE for defendants.
    Case Number: N20C-11-022 CEB

    Court denied motion to compel production of insurance company file where plaintiffs failed to show a likelihood that the file contained discoverable information or prove that the apparent inadvertent commingling of documents between the file and an already-produced file waived any confidentiality in the first.

  • Taylor v. Killen

    Publication Date: 2023-12-04
    Practice Area: Products Liability
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Joel H. Fredricks, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiff.
    for defendant: Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE; Joseph J. Bellew, Joseph E. Brenner, Gordon Rees Scully Mansukhani LLP, Wilmington, DE for defendants.
    Case Number: N22C-03-068 CLS

    Service upon foreign corporation was ineffective where service upon its domestic subsidiary could not impute notice of the action and mailing service of process to the foreign corporation did not comply with the requirements of the Hague Convention.

  • Faucett v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-12-04
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Raykia Faucett, pro se appellant.
    for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.
    Case Number: N23A-06-010 PAW

    Unemployment Insurance Appeal Board did not abuse its discretion in declining appeal and finding appeal from disqualification decision untimely where there was no evidence to rebut the presumption of receipt of the decision letter.

  • NSI-MI Holdings, LLC v. AMETEK, Inc.

    Publication Date: 2023-11-27
    Practice Area: Mergers and Acquisitions
    Industry: Manufacturing | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Katharine L. Mowery, Dorronda Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; David W. Long-Daniels, M. Allyson Lumpkin, Ansley K. Fantaski, Squire Patton Boggs (US) LLP, Atlanta, GA for plaintiff.
    for defendant: Joanna J. Cline, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Michael S. Hino, Troutman Pepper Hamilton Sanders LLP, Berwyn, PA for defendant.
    Case Number: N22C-08-489

    Court ordered escrow released where company had failed to state a valid claim for indemnification as it had not identified any extant loss that it had incurred or paid for.

  • Bayer CropScience LP v. Corteva, Inc.

    Publication Date: 2023-11-20
    Practice Area: Patent Litigation
    Industry: Agriculture | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Rodger D. Smith, Ryan D. Stottman, Rachel R. Tunney, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Deborah E. Fishman, David Denuyl, Arnold & Porter Kaye Scholer LLP, Palo Alto, CA; David R. Marsh, Arnold & Porter Kaye Scholer LLP, Washington, DC; Aaron Stiefel, Neda Dadpey, Michael Mazzullo, Arnold & Porter Kaye Schholer LLP, New York, NY for plaintiffs.
    for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE; Michael D. Flibbert, Pier D. DeRoo, Kassandra M. Officer, Rachael D. Dippold, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC for defendants.
    Case Number: N22C-07-168 SKR CCLD

    Court declined to strike patent invalidity defense raised by licensee where it could continue to accrue royalty obligations under the terms of the license agreement despite the patents having expired and other parties who may have licensed or infringed upon the patent would also benefit from a finding of invalidity.