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  • Sands Fenwick, Inc. v. Alcohol Beverage Control Appeals Comm'n

    Publication Date: 2022-06-28
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Timothy G. Willard, Fuqua, Willard & Schab, P.A., Georgetown, DE for appellant.
    for defendant: Adria B. Martinelli, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D69869

    Failure to name objecting neighbors in notice of appeal from denial of variance constituted a jurisdictional defect as the neighbors were indispensable parties who had an interest in the outcome of the appeal.

  • Knight Broadband LLC v. Knight

    Publication Date: 2022-06-14
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk, IV, Potter Anderson & Corroon LLP, Wilmington, DE; William C. O’Neil, Gretchen V. Scavo, Matthew Durkin, Winston & Strawn LLP, Chicago, IL for plaintiff.
    for defendant: Melissa D. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Timothy W. Weber, Joseph P. Kenny, Weber, Crabb & Wein, P.A., St. Petersburg, FL for defendants.
    Case Number: D69852

    Fraudulent misrepresentation claims dismissed where the alleged statements constituted forward-looking plans rather than existing facts and there was no evidence showing the speaker had no intention of fulfilling those plans.

  • O'Neal v. Ruan Transp.

    Publication Date: 2022-06-14
    Practice Area: Employment Litigation
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Kenneth F. Carmine, Law Offices of Kenneth F. Carmine, P.A., Wilmington, DE for appellant.
    for defendant: Nathan V. Gin, Vance E. Davis, Wilmington, DE for appellee.
    Case Number: D69853

    Partial temporary disability benefits award reversed where IAB erred in calculating the average wages for available positions identified by the credited vocational expert.

  • Russell-Fowler v. GT Wilmington USA

    Publication Date: 2022-06-07
    Practice Area: Labor Law
    Industry: Cargo and Shipping | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Sackena Russell-Fowler, Wilmington, DE, pro se appellant.
    for defendant: Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, Delaware for appellees.
    Case Number: D69844

    Court reversed and remanded denial of unemployment benefits where division of unemployment insurance identified discrepancies in Pandemic Unemployment Assistance recipient's earnings, potentially rendering the board's decision in error as it was based on the incorrect standards.

  • Galate v. Beebe Med. Ctr., Inc.

    Publication Date: 2022-06-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert, Lorenza A. Wolhar, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Lauren C. McConnell, Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
    Case Number: D69845

    Motion to amend complaint to assert claims arising out of CT scan denied where the scan was distinct from the other treatments that formed the basis of plaintiffs' complaint, precluding application of the relation back doctrine.

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  • Emery v. Christiana Care Health Servs., Inc.

    Publication Date: 2022-06-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Onofrio de Gennaro, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE for plaintiffs.
    for defendant: Phillip M. Casale, Morris James LLP, Wilmington, DE For defendant.
    Case Number: D69843

    Continuous medical treatment doctrine applied to render plaintiffs' claims timely where plaintiffs sufficiently alleged that the course of treatment stretched from an initial act of negligence to the patient's death.

  • State v. Carter

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Daniel McBride, Deputy Attorney General, Office of the Attorney General, Wilmington, DE for plaintiff.
    for defendant: Elise Wolpert, Office of Eugene I. Maurer, Jr., P.A. Wilmington, DE for defendant.
    Case Number: D69831

    Second warrant, which cured overbroad defects from a prior warrant, was permissible under the independent source doctrine where no evidence directly or indirectly obtained from the improper first warrant was used to apply for the second warrant.

  • Young v. Christiana Care

    Publication Date: 2022-05-31
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Sykema Young, pro se appellant.
    for defendant: Emily K. Silverstein, White and Williams, LLP, Wilmington, DE; Victoria Groff, Department of Justice, Wilmington, DE for appellees.
    Case Number: D69835

    Appeal from referee's denial of unemployment benefits dismissed as untimely where applicant failed to demonstrate circumstances warranting the acceptance of her untimely appeal.

  • State v. McGuiness

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Mark A. Denney, Jr., Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE for defendant.
    Case Number: D69832

    Court sanctioned prosecution by excluding any evidence obtained from seized electronic devices from the state's case in chief where investigators took over six months to access and turn over device contents.

  • Kaur v. Boston Scientific Corp.

    Publication Date: 2022-05-24
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Robert J. Leoni, Shelby & Leoni, Wilmington, DE for plaintiffs.
    for defendant: Colleen D. Shields, Eckert, Seamans, Cherin & Mellott LLC, Wilmington, DE for defendant.
    Case Number: D69829

    Court excluded expert testimony to the extent it opined about corporate defendant's state of mind or the reasonableness of its actions or attempted to offer a legal conclusion, since such testimony would usurp the fact-finding province of the jury.