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  • Wagner v. J & B Contractors, LLC

    Publication Date: 2021-09-15
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for petitioners.
    for defendant: John E. Tracey, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for respondent.
    Case Number: D69541

    County board of adjustment correctly concluded that respondent was seeking an area variance, not a use variance.

  • Cobb v. Delaware Thoroughbred Racing Comm'n

    Publication Date: 2021-09-01
    Practice Area: Administrative Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Andrew G. Ahern, III, Joseph W. Benson, P.A., Wilmington, DE for appellant.
    for defendant: Andrew Kerber, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69519

    Court declined to stay suspension of horse trainer's license where jurisdictional challenge to agency sanction failed to raise a substantial issue warranting a stay.

  • Dewey Beach Enter., Inc. v. Drass Ins. Agency, Inc.

    Publication Date: 2021-06-02
    Practice Area: Insurance Law
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
    for defendant: Susan List Hauske, Tybout, Redfearn & Pell, Wilmington, DE; Kimberly M. Jones, Christian M. Gunneson, Wood, Smith Henning & Berman, LLP, Tampa, FL for defendant.
    Case Number: D69415

    Insurers were not entitled to dismiss or stay action seeking declaration of coverage for triggering loss under insurers' policy based solely on insurers' claim of continuing to investigate the claim.

  • Washington v. Perrine

    Publication Date: 2021-05-12
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Bayard J. Snyder, Snyder & Associates, P.A., Wilmington, DE for plaintiff.
    for defendant: Matthew E. O’Byrne, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendant.
    Case Number: D69397

    Defendant property owner did not have a duty to repair defects in a sidewalk abutting her property, so the court granted defendant's motion for summary judgment.

  • Galarza v. Olmstead

    Publication Date: 2021-05-05
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for plaintiffs.
    for defendant: Amy M. Taylor, Heckler & Frabizzio, Wilmington, DE; Ronald M. Ransom, Casarino Christman Shalk Ran-som & Doss, P.A., Wilmington, DE for defendants.
    Case Number: D69385

    Where a driver had been excluded from coverage under a policy, injured family members could not recover under the uninsured motorist provisions of the policy.

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  • State of Delaware v. Ferguson

    Publication Date: 2021-03-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: James J. Kriner, Diana A. Dunn, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Andrew J. Meyer, Alanna R. Farber, Office of Defense Serv., Wilmington, DE for defendant.
    Case Number: D69331

    Defendant's vague comment about having an attorney present during questioning by police did not invoke her right to counsel, and statements by a law enforcement officer were not intended to undermine defend-ant's rights.

  • Palmer v. Christiana Care Health Serv., Inc.

    Publication Date: 2021-03-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
    for defendant: Richard Galperin, Joshua Meyeroff, Ryan T. Keating, Phillip M. Casale, Morris James LLP, Wilmington, DE; Dawn C. Doherty, Michael F. Duggan, Joseph E. Brenner, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE for defendants.
    Case Number: D69323

    Plaintiff in this medical malpractice case was not entitled to peer review documents regarding the outcome of a specific medical procedure, but the court permitted limited discovery involving a defendant facility's credentialing of a doctor.

  • Vleugels v. Samuels

    Publication Date: 2020-12-23
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Emily P. Laursen, Kimmel Carter Roman Peltz & O’Neill, P.A., Newark, DE for plaintiff.
    for defendant: Susan L. Hauske, Tybout Redfearn & Pell, Wilmington, DE for defendant.
    Case Number: D69236

    Counsel for defendant opted to participate in litigation knowing that service had not yet been effectuated, so this waived any issues regarding defective service.

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

    Publication Date: 2020-10-28
    Practice Area: Landlord Tenant Law
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson, LLP, Wilmington, DE for plaintiff.
    for defendant: Elizabeth Sloan, Brittany M. Giusani, Ballard Spahr, Wilmington, DE; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D69172

    A genuine issue of material fact existed as to whether property damage resulted from tenant's failure to make repairs or because of landlord's failure to replace a mechanical system.

  • State of Delaware v. Pinkston

    Publication Date: 2020-10-28
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Mark A. Denney, Jr., John S. Taylor, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.
    Case Number: D69170

    Defendant's trial counsel was not ineffective in failing to request a jury instruction for a lesser-included offense.