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Publication Date: 2023-08-28
Practice Area: Personal Injury
Industry: Construction | Real Estate | Retail
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: James P. Hall, Phillips, McLaughlin & Hall, P.A. Wilmington, DE, attorney for plaintiff.
for defendant: Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE; Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
Case Number: N21C-08-110 PRW
Court denied summary judgment to shopping center owner in premises liability action where there were genuine issues of material fact regarding whether agreement with maintenance company constituted owner relinquishing possession and actual control of the premises.
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.
Publication Date: 2023-04-18
Practice Area: Personal Injury
Industry: Federal Government | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE; Brian E. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren P. Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Burney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansku, Winston & Strawn LLP, New York, NY for defendants.
Case Number: 23-247 (MN)
Court substituted the federal government for a defendant member of Congress when the underlying events occurred within the scope of the congressman's duties, which required dismissal of the claims for plaintiff's failure to exhaust his administrative remedies under the Federal Tort Claims Act.
Publication Date: 2023-03-07
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Sean Gambogi, Kimmel, Carter, Roam, Peltz & O’Neill, P.A., Wilmington, DE for plaintiff.
for defendant: Kevin Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendant.
Case Number: N17C-12-265 DJB
Motion for new trial based on spoliated video footage denied where the footage would not have captured evidence relevant to plaintiff's slip and fall claim.
Publication Date: 2023-01-17
Practice Area: Personal Injury
Industry:
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: William D. Fletcher, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff;
for defendant: Miranda D. Clifton, Heckler & Frabizzio, P.A., Wilmington, DE for defendant.
Case Number: K19C-09-035 JJC
The court granted plaintiff's motion for a new trial in a personal injury matter on the grounds that the jury had found that plaintiff had at least suffered some harm but nevertheless awarded a zero-dollar verdict.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2022-11-01
Practice Area: Personal Injury
Industry: Education
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: N21C-07-045 EMD
College was not liable under theories of negligence or fraud for phishing scheme that was enacted through hacking the college's email system, where student who fell victim to the scheme failed to identify any legal duty owed by the college or any fraudulent act committed by college officials.
Publication Date: 2022-09-13
Practice Area: Personal Injury
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Periann Doko, Kent & McBride, P.C., Wilmington, DE for plaintiffs.
for defendant: Susan List Hauske, Tybout, Redfearn & Pell, Wilmington, De for defendants.
Case Number: N21C-09-118 WCC
Court granted defendants' motion to dismiss claim arising out of a personal injury suit where plaintiffs attempted to file a consortium claim although they had previously signed a release and indemnity agreement in exchange for $5,000.
Publication Date: 2022-08-30
Practice Area: Personal Injury
Industry: Education | Legal Services
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE for appellant.
for defendant: Rodney A. Smolla, Wilmington, DE; Douglas D. Herrmann, Troutman Pepper Hamilton Saunders LLP, Wilmington, DE for appellee.
Case Number: D69939
Defamation | Tortious Interference with Contract | Loss of Employment | First Amendment Defense
Publication Date: 2022-07-05
Practice Area: Personal Injury
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Rodney Smolla, Wilmington, DE; Thomas A. Clare, Megan L. Meier, Dustin A. Pusch, Daniel P. Watkins, Clare Locke LLP, Alexandria, VA; Justin A. Nelson, Brittany Fowler, Susman Godfrey LLP, Houston, TX; Stephen Shackelford, Jr., Elisha Barron, Susman Godfrey LLP, New York, NY; Davida Brook, Susman Godfrey LLP, Los Angeles, CA; Stephen E. Morrissey, Susman Godfrey LLP, Seattle, WA for plaintiffs.
for defendant: John L. Reed, Ronald N. Brown, III, DLA Piper LLP (US), Wilmington, DE; Eric M. George, Katherine A. Petti, Ellis George Cipollone O’Brien Annaguey LLP, Los Angeles, CA for defendants.
Case Number: D69873
Parent corporation could be held directly liable for defamation per se by subsidiary news outlet where parent company executives were alleged to be intimately involved in the outlet's operations and to have not believed the veracity or validity of the defamatory news broadcasts and articles.
Publication Date: 2022-04-19
Practice Area: Personal Injury
Industry: Accounting | Real Estate
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Scott E. Chambers, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiffs.
for defendant: David L. Baumberger, Nancy Chrissinger Cobb, Chrissinger & Baumberger, Wilmington, DE; Kenneth M. Doss, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.
Case Number: D69785
Lessee, which contractually did not have responsibility for exterior maintenance of the property, still owed a duty to warn its business invitees of hazardous conditions on the property exterior.
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