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  • Riad v. Brandywine Valley SPCA, Inc.

    Publication Date: 2024-07-02
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: William D. Fletcher, Jr., Dianna E. Stuart, Schmittinger & Rodriguez, P.A., Dover, DE for appellant.
    for defendant: Kevin J. Connors, Marshall Dennehey, P.C., Wilmington, DE for appellee.
    Case Number: 249, 2023

    Dog bite statute contained no language indicating the legislature's intent to exclude animal welfare organizations from the definition of an "owner."

  • Carroll v. Bennett

    Publication Date: 2024-06-18
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gregory V. Daulton, Marin & Gregory, LLC, Wilmington, DE for plaintiff.
    for defendant: Paul D. Sunshine, Martin D. Page, Reger, Rizzo & Darnall, LLP, Wilmington, DE, attorneys for defendants.
    Case Number: N22C-08-459 CEB

    Golf course operator did not owe duty to person injured by stolen golf cart where a stolen cart did not constitute "exceptional circumstances" and the operator did not have notice of the risk of theft where it had only suffered one prior theft attempt under completely different circumstances than the theft of the stolen cart at issue.

  • West v. Patterson-Schwartz & Assocs. Inc.

    Publication Date: 2024-05-27
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: David Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
    for defendant: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendants.
    Case Number: N21C-08-265 MAA

    Plaintiff's personal injury claims arising from mold exposure were untimely where plaintiff filed suit more than two years after receiving a definitive diagnosis of mold allergies.

  • Ravich v. TCW, LLC

    Publication Date: 2024-05-13
    Practice Area: Personal Injury
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Thomas A. Clare, Jered T. Ede, Clare Locke LLP, Alexandria, VA for plaintiff.
    for defendant: Rudolf Koch, Sara M. Metzler, Richards, Layton & Finger, P.A., Wilmington, DE; John C. Hueston, Alison L. Plessman, Samantha Fidler, Adam Minchew, Nicholas Kellum, Hueston Hennigan LLP, Los Angeles, CA, & New York, NY for defendant.
    Case Number: N23C-10-005 SKR

    Court dismissed defamation action arising out of employment relationship pursuant to forum selection clause in the employment agreement.

  • Brisco v. Delaware State Police

    Publication Date: 2024-04-22
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: William Brisco, Smyrna, DE, pro se plaintiff.
    for defendant: James H. McMacklin, III, Allyson G. Britton, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendant.
    Case Number: N23C-12-090 EMD

    News outlet's report that fairly summarized police arrest report was protected under the fair reporting privilege and not actionable in a defamation claim.

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    Chester County Court Rules 2024

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  • Brown v. Google.com

    Publication Date: 2024-04-22
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Lottoria N. Brown, Wilmington, DE, pro se plaintiff.
    for defendant:
    Case Number: 22-1298 (MN)

    Court dismissed complaint upon sua sponte screening after finding that generic allegations failed to state a prima facie claim.

  • Guzman-Rosario v. Charlie's Waste Serv., LLC

    Publication Date: 2024-02-19
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gilbert F. Shelsby, James J. Meehan, Shelsby & Leoni, Wilmington, DE for plaintiff.
    for defendant: Timothy J. Wilson, Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.
    Case Number: N22C-01-113 CEB

    Court granted protective order for insurance investigator's report where plaintiff failed to establish substantial need for the report or waiver based on the disclosure of photographs that were only an ancillary part of the report.

  • Barnes v. Hooper

    Publication Date: 2024-01-29
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Ross C. Karsnitz, Matthew R. Fogg, Keith Donovan, Morris James, LLP, Georgetown, DE for plaintiffs.
    for defendant: Susan List Hauke, Tybout, Redfearn & Pell, Wilmington, DE; Paul S. Sunshine, Reger Rizzo & Darnall, LLP, Wilmington, DE for defendants.
    Case Number: S23C-04-007

    Property owner owed no duty or liability to motor vehicle accident victim struck by an intoxicated motorist off-premises after owner found the motorist sleeping in his parked vehicle on the property in an apparent state of intoxication and woke him.

  • Giffing v. Appoquinimink Sch. Dist.

    Publication Date: 2024-01-01
    Practice Area: Personal Injury
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Raeann Warner, Collins, Price & Warner, Wilmington, DE for plaintiff.
    for defendant: Michael P. Stafford, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: 23-457 (MN)

    Court dismissed state law claims against school district arising from teacher's alleged sexual assaults where plaintiff failed to rebut district's assertion that those state law claims predominated over the single federal law claim asserted against the teacher.

  • Webb v. Bank of America

    Publication Date: 2023-10-23
    Practice Area: Personal Injury
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: David Q. Webb, pro se plaintiff.
    for defendant:
    Case Number: 22-670-GBW

    The court dismissed plaintiff's second amended complaint for failure to state a claim under the screening provision where he essentially asserted identical allegations as in the amended complaint and had therefore failed to remedy the deficiencies outlined by the court.