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  • Consolidated, LLC v. GFP Cement Contractors, LLC

    Publication Date: 2023-05-30
    Practice Area: Contracts
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Kevin S. Mann, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiff.
    for defendant: Krista M. Reale, Tara D. McManamy, Margolis Edelstein, Wilmington, DE for defendant.
    Case Number: N22C-06-084 CEB

    Subcontractor had express contractual obligation to indemnify general contractor pursuant to the parties' contract after the subcontractor's subcontracted materials supplier damaged the site owner's property and the site owner obtained financial recovery from the general contractor.

  • Suter v. Taylor

    Publication Date: 2023-05-02
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for plaintiffs.
    for defendant: Sarah A. Fruehauf, Deputy Attorney General, Wilmington, DE for defendant.
    Case Number: N22C-06-092 CEB

    State was not required to prove reasonable efforts by Insurance Coverage Determination Committee before moving to dismiss trip and fall case on grounds of sovereign immunity.

  • GuideOne Nat'l v. Albert, LLC

    Publication Date: 2023-02-14
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging | Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lisa C. McLaughlin, Todd L. Goodman, Phillips Mclaughlin & Hall, P.A., Wilmington, DE for plaintiff.
    for defendant: Brian T. McNelis, Young & McNellis, Dover, DE for defendant.
    Case Number: N21C-06-006 CEB

    The court granted defendant's motion for summary judgment finding that plaintiff insurer could not bring a subrogation claim against defendant renter whose rent payments contributed to the apartment complex's insurance premium.

  • Hansen v. Brandywine Nursing & Rehab. Ctr., Inc.

    Publication Date: 2023-02-07
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Madeline R. Silverman, Gordon Fournaris & Mammarella, P.A., Wilmington, DE; Michael P. Minuti, McCan Dillon Jaffe & Lamb, LLC, Wilmington, DE for plaintiffs.
    for defendant: Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendant.
    Case Number: N21C-03-233 CEB

    Public Readiness and Emergency Preparedness Act of 2005 did not afford immunity to nursing homes for residents' COVID-19 deaths allegedly caused by negligent infection control procedures.

  • Marcolini v. Horizon Serv., Inc.

    Publication Date: 2023-01-17
    Practice Area: Damages
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Esq. P.A., Wilmington, DE for plaintiff.
    for defendant: Michael C. Heyden, Jr., Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendant.
    Case Number: N21C-07-011 CEB

    Technician negligence that led to fuel oil spill in home did not rise to the level of wanton disregard or malice to support an award of punitive damages.

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  • Stein v. Wind Energy Holdings, Inc.

    Publication Date: 2022-12-27
    Practice Area: Creditors' and Debtors' Rights
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jeffrey S. Cianciulli, Weir Greenblatt Pierce LLP, Wilmington, DE for plaintiffs.
    for defendant: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Jonathan L. Scher, The Scher Law Firm, LLP, Carle Place, NY for defendant.
    Case Number: N21C-09-060 CEB

    Contractual fraud claims arising from corporate investments were dismissed where plaintiffs presented no evidence to show that corporate officers knew pre-contractual representations were false or that plaintiffs were unaware of the company's precarious financial situation or the right of the company to modify the parties' agreement without plaintiffs' consent.

  • Grottenthaler v. SVN Med, LLC

    Publication Date: 2022-12-13
    Practice Area: Employment Litigation
    Industry: Biotechnology | Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael W. McDermott, David B. Anthony, Berger Harris LLP, Wilmington, DE; Bryan J. Wick, Jack Lilley, Wick Phillips Gould & Martin, LLP, Dallas TX for plaintiff.
    for defendant: Blake Rohrbacher, Samuel J. Gray, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Messerli, The Messerli Law Firm, Trophy Club, TX for defendant.
    Case Number: N21C-12-131 CEB

    Suit for wages and severance pay was not dismissed where employer identified no condition precedent to terminated employee's right to receive wages, and where there were outstanding issues of material fact concerning whether employer had materially breached the parties' contract, entitling employee to receive separation pay.

  • Torrent Pharma Inc. v. Priority Healthcare Distrib., Inc.

    Publication Date: 2022-08-23
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Manufacturing | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson LLP, Wilmington, DE; Kevin G. O’Donovan, Palmer Biezup & Henderson LLP, Philadelphia, PA for plaintiff.
    for defendant: Elizabeth A. Sloan, Brittany M. Guisini, Ballard Spahr, LLP, Wilmington, DE; Matthew D. Knepper, Tanya Maerz, Husch Blackwell, LLP, St. Louis, MO; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE. for defendants.
    Case Number: D69926

    Court granted in part and denied in part summary judgment motions in a case arising out of product destruction at a warehouse.

  • State v. MacColl

    Publication Date: 2022-07-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Mark A. Denney, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Eugene J. Maurer, Jr., Eugene J. Maurer, Jr., P.A., Wilmington, DE for defendant.
    Case Number: D69893

    Former police officer could not rely on protections for statements to internal affairs investigators afforded by Garrity v. New Jersey, where the police officer was alleged to have made false statements and the Fifth Amendment only protected against self-incrimination through truthful statements.

  • Abdullah v. Allstate Prop. & Cas. Ins. Co.

    Publication Date: 2022-04-26
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Tyler Sacchetta, Sacchetta & Baldino, Wilmington, DE for plaintiff.
    for defendant: Arthur D. Kuhl, Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69795

    The court found that the prevailing party, when an underinsured motorist claim resulted in a plaintiff's verdict but at an amount less than the damages paid by the tortfeasor, was the defendant insurance company who issued the UIM policy.