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  • State v. Washington

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Carolyn S. Hake, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for the DE.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D69617

    The court found defendant's claims to support a new trial were barred as untimely under Rule 61(i)(1), as a successive motion under Rule 61(i)(2), and, in part, by procedural default under Rule 61(i)(3) because the evidence failed to satisfy the new evidence of actual innocence standard of Rule 61.

  • State v. Thomas

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Office of the Attorney General, Wilmington, DE, for the State.
    for defendant: Christopher Koyste, Bellefonte, DE for defendant.
    Case Number: D69616

    The court held that defendant was not entitled to post-conviction relief under Superior Court Criminal Rule 61 where certain perjured testimony by a supposed eyewitness did not prejudice defendant's conviction, where there was no prej-udicial prosecutorial misconduct and where the issue of a Brady violation was moot.

  • State v. Broomer

    Publication Date: 2021-11-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Samuel L. Guy, Wilmington, DE for defendant.
    Case Number: D69064

    Counsel was not ineffective for failing to pursue a Brady claim arising from the criminal conduct of a state expert, where the expert was not arrested until after defendant's conviction and there was no evidence the prosecution had any knowledge of the expert's ongoing misconduct at the time of defendant's trial.

  • Lennox Indus., Inc. v. Alliance Compressors LLC

    Publication Date: 2021-11-09
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Legrow
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Alexandra M. Ewing, Richards, Layton, & Finger, P.A., Wilmington, DE; Eric B. Halper, N. Cyris Bayar, McKool Smith P.C., New York, NY for plaintiffs.
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, Morris, Nichols, Arsht, & Tunnell LLP, Wilmington, DE; James F. Bennett, John D. Comerford, Down Bennett LLP, St. Louis, MO for defendant.
    Case Number: D69602

    The court held that the terms of the agreement between the parties was unambiguous such that plaintiff could not impose a new interpretation.

  • Harris v. Citigroup Global Mark

    Publication Date: 2021-11-09
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Donald E. Marston, Doroshow, Pasquale, Krawitz & Bhaya, Newark, DE for appellant.
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, Wilmington, DE for appellee.
    Case Number: D69601

    The Industrial Accident Board's denial of claimant's request for continuance was not unreasonable or capricious where claimant's need for time to find a new medical expert did not constitute good cause.

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  • Hammer v. Howard

    Publication Date: 2021-11-09
    Practice Area: Contracts
    Industry: Advertising | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Nancy Hammer, pro se appellant.
    for defendant: R. Eric Hacker, Morris James LLP, Wilmington, DE for appellees.
    Case Number: D69600

    The court held that plaintiff was barred from suing defendant, her former employer, a second time for unpaid sales commissions because res judicata applied where the parties in the first and second suit were in privity with each other and the cause of action in each suit arose out of the same transaction, i.e., payment of post-termination commissions according to the contractual agreements.

  • Intermec IP Corp. v. TransCore, LP

    Publication Date: 2021-11-02
    Practice Area: Contracts
    Industry: Electronics | Manufacturing | Software
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates, LLP, Wilmington, DE; Michael S. Nelson, Jessica L.G. Moran, K&L Gates LLP, Pittsburgh, PA for plaintiffs.
    for defendant: Jason A. Cincilla, Howard P. Goldberg, Tye C. Bell, Manning Gross + Massenburg LLP, Wilmington, DE; Stephen E. Baskin, Peter Schmidt, King & Spalding LLP, Washington, DC for defendants.
    Case Number: D69592

    Proposed amendment of declaratory judgment claim was futile where it sought declaration of rights and obligations that would be resolved by an existing breach of contract claim, or sought legal declarations to which defendant had already conceded.

  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2021-10-27
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69583

    The court held that because the title insurance policy did not cover consequential damages, plaintiffs would not be able to present evidence on lost wages, carrying costs, lost opportunity costs or lost earnings allegedly incurred because of survey mis-takes.

  • Smith v. Unemployment Ins. Appeal Bd.

    Publication Date: 2021-10-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kathleen L. Smith, Millsboro, DE, appellant pro se.
    for defendant: Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D69580

    Overpayment liability determination for unemployment compensation affirmed where claimant had failed to take an appeal from a prior determination that claimant was ineligible for benefits.

  • Blue Cube Spinco LLC v. The Dow Chem. Co.

    Publication Date: 2021-10-13
    Practice Area: Contractual Disputes
    Industry: Chemicals and Materials | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David E. Ross, Adam D. Gold, Anthony M. Calvano, Ross Aronstam & Mortitz LLP, Wilmington, DE; Craig C. Martin, Matthew J. Thomas, Skyler J. Silvertrust, Chloe Holt, Willkie Farr & Gallagher LLP, Chicago, IL; Shaimaa M. Hussein, Willkie Farr & Gallagher LLP, New York, NY for plaintiff.
    for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Joseph B. Schmit, Richard Weingarten, Phillips Lytle LLP, New York, NY for defendant.
    Case Number: D69567

    Plaintiff adequately stated a claim for breach of contract where it alleged that defendant's actions regarding the real property sold to plaintiff arguably caused plaintiff to suffer quantifiable losses, thereby triggering a duty to indemnify plaintiff.