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  • 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.

  • 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.

  • Law Journal Press | Digital Book

    Connecticut Landlord and Tenant Law with Forms Third Edition (2020)

    Authors: NOBLE F. ALLEN

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  • Humanigen, Inc. v. Savant Neglected Diseases, LLC

    Publication Date: 2021-10-06
    Practice Area: Contractual Disputes
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jeffrey L. Moyer, Travis S. Hunter, Katharine L. Mowery, Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE for Humanigen, Inc., Nomis Bay Ltd. and Madison Joint Venture LLC. Steven P. Wood, Travis J. Ferguson, McCarter & English, LLP, Wilmington, DE
    for defendant: Reid Skibell, Harris, St. Laurent & Wechsler LLP, New York, NY; Mazin A. Sbaiti, J. Michal Zapendowski, Sbaiti & Co. LLC, Dallas, TX for Savant Neglected Diseases, LLC.
    Case Number: D69562

    Where the parties filed cross-motions for summary judgment and both sides requested reargument, the court granted re-consideration to clarify its rulings.

  • US Dominion, Inc. v. Fox News Network, LLC

    Publication Date: 2021-09-29
    Practice Area: Discovery
    Industry: Electronics | Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davies
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Rodney Smolla, Wilmington, DE; Justin A. Nelson, Susman Godfrey LLP, Houston, TX; Stephen Shackleford, Jr., Elisha Barron, Susman Godfrey LLP, New York, NY; Davida Brook, Emily Cronin, Brittany Fowler, Susman Godfrey LLP, Los Angeles, CA; Stephen E. Morrissey, Susman Godfrey LLP, Seattle, WA; Thomas A. Clare, P.C; Megan L. Meier, Dustin A. Pusch, Daniel P. Watkins, Clare Locke LLP, Alexandria, VA for plaintiffs.
    for defendant: R. Bruce McNew, Cooch and Taylor, P.A., Wilmington, DE; Howard Kleinhendler, New York, NY for nonparties Defending the Republic, Inc. and Sidney Powell.
    Case Number: D69553

    Nonparties were not entitled to reargument, because the court's order only involved issuance of a subpoena and nonparties failed to show that the court overlooked legal precedent or misapprehended the law or facts in a way that affected the outcome of the order.

  • Sycamore Partners Mgmt., L.P. v. Endurance Am. Ins. Co.

    Publication Date: 2021-09-29
    Practice Area: Insurance Litigation
    Industry: Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: David J. Baldwin, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; John E. Failla, Nathan R. Lander, Elise A. Yablonski, Tiffany M. Woo, Proskauer Rose LLP, New York, NY for plaintiffs.
    for defendant: Elena C. Norman, Michael A. Laukaitis, II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael F. Perlis, Richard R. Johnson, Kaufman Borgeest & Ryan LLP, Woodland Hills, CA; Sebastian Quitmeyer, Kaufman Borgeest & Ryan LLP, New York, NY; Carmella P. Keener, Cooch & Taylor, P.A., Wilmington, DE; Ronald P. Schiller, Daniel J. Layden, Isabel C. Naviera López, Hangley Aronchick Segal Pudlin & Schiller, P.C., Philadelphia, PA for defendants.
    Case Number: D69552

    The court granted summary judgment in favor of plaintiffs, because defendant insurers were obligated to provide insurance coverage even though third parties provided some of the funds to pay plaintiffs' settlement.

  • Baldwin v. New Castle County

    Publication Date: 2021-09-29
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Maxine Baldwin, plaintiff pro se
    for defendant: Nicholas J. Brannick, New Castle County, New Castle, DE for defendant.
    Case Number: D69555

    Mortgagor lacked standing to challenge the payment of property tax liens after conveying the property to another party as liens ran with the property.

  • State of Delaware v. Wilkerson

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kevin A. Gardner, Derek Gay, Department of Justice, Georgetown, DE for the state.
    for defendant: James P. Murray, Assistant Public Defender, Georgetown, DE for defendant.
    Case Number: D69548

    Because a jury had acquitted defendant of a predicate crime, the court granted defendant's motion to also acquit him of the crime of endangering the welfare of a child.