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  • 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.

  • 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.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • 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.

  • CoVenture Burt Credit Opportunities GP, LLC v. Coleman

    Publication Date: 2023-11-13
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Lisa Zwally Brown, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Gabriel Aizenberg, Scott Mendeloff, Aaron S. Klein, Greenberg Traurig, LLP, Chicago IL for plaintiff.
    for defendant: Richard I.G. Jones, Jr., Michael W. McDermott, Berger Harris LLP, Wilmington, DE; Steven R. Campbell, Scott M. O’Brien, Alston & Bird LLP, New York, NY for defendant.
    Case Number: N22C-07-197 MMJ CCLD

    Court dismissed fraud claims against corporate controller where alleged fraudulent behavior merely constituted a breach of the controller's contractual obligations.

  • Strobert Tree Serv., Inc. v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-11-13
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Victoria K. Petrone, Brian v. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Wilmington, DE for appellant.
    for defendant: Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE for appellee Unemployment Ins. Appeal Bd; George Shaw, appellee pro se.
    Case Number: S23A-05-001 RHR

    Unemployment Insurance Appeal Board correctly upheld referee's decision overturning denial of unemployment benefits claim where employer only presented hearsay evidence to prove that employee was terminated for willful or wanton misconduct and UIAB could not base a decision solely on hearsay.

  • The Estate of Thomas G. Stone, Jr. v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2023-11-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC., Dover, DE for plaintiff.
    for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmentraut & Klein, P.A., Wilmington, DE for defendant.
    Case Number: K22C-03-017 JJC

    The court applied the "sham affidavit doctrine," finding that plaintiff's expert's affidavit submitted with its opposition to defendant's motion for summary judgment contradicted the expert's prior deposition testimony and was submitted for the sole purpose of defeating an otherwise appropriate summary judgment motion and that no adequate explanation of the contradiction was provided.