• Harris v. Innovate Biopharmaceuticals, Inc.

    Publication Date: 2019-10-30
    Practice Area: Contractual Disputes
    Industry: Consulting | Investments and Investment Advisory | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: David W. deBruin, Gawthrop Greenwood, PC, Wilmington, DE; Jarod Bona and Steven Levitsky, Bona Law PC , New York, NY for plaintiffs.
    for defendant: Catherine A. Gaul, Ashby & Geddes, Wilmington, DE for defendant.

    Case Number: D68754

    In this dispute involving a stock option agreement, defendant complied with all of its obligations, so the court granted de-fendant's motion to dismiss all of plaintiffs' claims.

  • Saez v. Nephrology Assoc., P.A.

    Publication Date: 2019-10-30
    Practice Area: Employment Litigation
    Industry: Health Care | Recruitment and Staffing
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr, Wilmington, DE for plaintiff.
    for defendant: Alan D. Albert, O’Hagan Meyer PLLC, Wilmington, DE for defendant.

    Case Number: D68757

    An employer had the right to direct, control and supervise a doctor's work under the terms of an employment agreement.

  • Dunfee v. KGL Holdings Riverfront, LLC

    Publication Date: 2019-05-15
    Practice Area: Wrongful Death
    Industry: Financial Services and Banking | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Gary S. Nitsche, William R. Stewart, III, and Rachel D. Allen, Weik Nitsche & Dougherty, LLC, Wilmington, DE; Joseph J. Rhoades, Rhoades & Morrow, LLC, Wilmington, DE; Martin C. Meltzer, Law Office of Martin C. Meltzer, Wilmington, DE for plaintiffs.
    for defendant: Catherine A. Gaul and Aaron P. Sayers, Ashby Geddes, P.A., Wilmington, DE; Mary E. Sherlock and Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, Wilmington, DE; Elizabeth C. Grabey, McGivney, Kluger & Cook, P.C., Wilmington, DE; Christina M. Belitz, Polsinelli PC, Wilmington, DE; Michael J. Logullo, Rawle & Henderson, LLP, Wilmington, DE; Johan A. Elzufon, Elzufon Austin & Mondell, P.A., Wilmington, DE; Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE for defendants.

    Case Number: D68559

    Wrongful death claim not dismissed where plaintiffs could impose liability on defendants who conducted assessment of apartment complex's boiler system when the building's owner allegedly relied upon the assessment to not undertake repairs or replacement of the boiler.

  • Thompson v. Cape Henlopen Sch. Dist.

    Publication Date: 2019-04-10
    Practice Area: Personal Injury
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Thomas J. Roman and Emily P. Laursen, Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Newark, DE for plaintiff.
    for defendant: Douglas T. Walsh, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for defendants.

    Case Number: D68525

    In this case involving an injury to a student, the teacher and school district were entitled to immunity where the acts at issue were discretionary and no gross negligence was involved.

  • Gutierrez v. Jamestown Painting

    Publication Date: 2019-03-13
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Heather A. Long, Kimmel, Carter, Roman, Peltz & O'Neill P.A., Newark, DE for appellant.
    for defendant: Nathan V. Gin, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellee.

    Case Number: D68487

    Denial of additional compensation and termination of workers' compensation benefits affirmed where the IAB credited the testimony of an independent medical examiner over employee's own treating physicians where the examiner demonstrated a more comprehensive understanding of employee's prior medical history in support of the examiner's opinion on the lack of causation between employee's reported pain and his work accident.

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  • Toedtman v. Turnpoint Med. Devices, Inc.

    Publication Date: 2019-02-06
    Practice Area: Contracts | Employment Litigation
    Industry: Consulting | Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas & Kittila, LLP, Wilmington, DE for plain-tiff.
    for defendant: Sharon Oras Morgan and Courtney A. Emerson Fox Rothschild LLP, Wilmington, DE for defendant.

    Case Number: D68452

    Plaintiff established the right to recover severance pay under the parties' employment agreement and based on promissory estoppel.

  • Abdul-Akbar v. DHSS Hearing Office

    Publication Date: 2018-09-26
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Debro Abdul-Akbar, Wilmington, DE, appellant pro se
    for defendant: Geoffrey G. Grivner, Buchanan, Ingersoll & Rooney, PC, Wilmington, DE, attorney for appellee.

    Case Number: D68294

    Appeal dismissed where filed outside the 30-day deadline for appeals and where appellant failed to demonstrate any good cause for extending the deadline.

  • State of Delaware v. Premier Healthcare Inc.

    Publication Date: 2018-06-27
    Practice Area: Business Torts | Health Care Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Kate S. Keller and Laura N. Najemy for plaintiff
    for defendant: Maria R. Granaudo for defendant.

    Case Number: D68195

    The state adequately alleged claims for Medicaid fraud against a nursing home, its owner and administrators.

  • Davis v. HealthSouth

    Publication Date: 2018-06-20
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Heather A. Long for appellant Davis
    for defendant: Morgan A. Sack for appellee HealthSouth.

    Case Number: D68185

    The Industrial Accident Board was free to choose between conflicting medical opinions, and its decision was supported by substantial evidence.

  • Change Capital Partners Fund I, LLC v. Volt Elec. Sys., LLC

    Publication Date: 2018-04-18
    Practice Area: Civil Procedure | Contracts
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Kate Harmon, Rafael X. Zahralddin, and Shelley A. Kinsella, Elliot Greenleaf, P.C., Wilmington, DE, attorneys for plaintiff
    for defendant: Marc S. Casarino, White and Williams LLP, Wilmington, DE, attorney for defendants.

    Case Number: D68110

    Contractual choice-of-law provision upheld where proposed default states did not have connection to underlying transaction nor did they have fundamental public policy contrary to chosen states law.