• Bumpus v. USAC Ross LLC

    Publication Date: 2023-12-18
    Practice Area: Wrongful Death
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hendrick, Bove & Hendrick, Wilmington, DE; Joseph P. Musacchio, Anthony Tarricone, Kreindler & Kreindler, LLP; Kathryn E. Barnet, Morgan & Morgan, Douglas P. Desjardins, Pangia Law Group for plaintiff.
    for defendant: Jeffrey L. Moyer, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan Nussbaum, Thompson Hine, LLP for defendants.

    Case Number: N22C-09-008 JRJ

    Court declined to apply choice of law provision in asset purchase agreement where chosen state bore no substantial relationship to the transactions or the parties to the transaction.

  • Quinn v. Avco Corp.

    Publication Date: 2023-11-27
    Practice Area: Wrongful Death
    Industry: Aerospace | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff: Cynthia M. Devers, Devers Miska Law, Bala Cynwyd, PA for appellants.
    for defendant: Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE; John S. Bagby, Jr., Bagby & Associates, LLC, Paoli, PA for appellee.

    Case Number: 22-1596

    District court correctly applied General Aviation Revitalization Act's statute of repose to product liability wrongful death claims, where federal regulations limited rebuilding and selling of aircraft parts to aviation manufacturers and thus claims arising from rebuilding of aircraft engine part were claims against a "manufacturer."

  • Morra v. 700 Marvel Rd. Operations, LLC

    Publication Date: 2023-09-04
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
    for defendant: Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney, P.C., Wilmington, DE for defendants.

    Case Number: N22C-03-213 CEB

    PREP Act immunity did not apply to complaint alleging ordinary negligence by a nursing home in failing to take steps to prevent the spread of COVID-19 to residents.

  • 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.

  • Olsen v. Fisher-Price, Inc.

    Publication Date: 2023-01-17
    Practice Area: Wrongful Death
    Industry: Consumer Products | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Robert Leoni, Shelsby & Leoni, P.A., Wilmington, DE; Alan M. Feldman, Daniel J. Mann, Edward S. Goldis, Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, LLP, Philadelphia, PA for plaintiffs.
    for defendant: Liza Zwally Brown, Corrine R. Moini, Greenberg Traurig, LLP, Wilmington, DE for defendants.

    Case Number: N21C-02-097 WCC

    Although Missouri law did not allow application of the discovery rule to toll or extend the statute of limitations on wrongful death claims, defendants could be equitably estopped from asserting a statute of limitations defense if they engaged in intentional concealment of evidence of the dangerous nature of their product.

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  • McRedmond v. HCR Healthcare, LLC

    Publication Date: 2023-01-10
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Patrick Christopher Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
    for defendant: Geoffrey Graham Grivner, Kody Macgyver Sparks, Buchanan Ingersoll & Rooney PC, Wilmington, DE; Joshua T. Calo, David L. Gordon, Buchanan Ingersoll & Rooney PC, Princeton, NJ for defendants.

    Case Number: 22-692-CFC

    Execution of agreement upon subsequent admission to nursing home facility superseded arbitration agreements signed on a prior admission where the second agreement conflicted with the terms of the prior arbitration agreement.

  • White v. Golding

    Publication Date: 2022-11-29
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1833-SRF

    Americans with Disabilities Act could apply to police encounter resulting in fatal shooting of suspect where police were advised that suspect suffered from multiple mental health conditions and thus could be considered to have a mental disability.

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

    Publication Date: 2022-02-01
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Michael Patrick Minuti, McCann & Wall LLC, Wilmington, DE; Neil Raymond Lapinski, Phillip Anthony Giordano, Gordon, Fournaris & Mamivlarella, Wilmington, DE for plaintiffs.
    for defendant: Stephen J. Milewski, Roopa Sabesan, White & Williams, Wilmington, DE for defendant.

    Case Number: D69698

    The court held that plaintiff's lawsuit which alleged wrongful death of nursing home residents who died from COVID-19 did not possess the prerequisites for federal jurisdiction and was not preempted by the federal statute called Public Readiness and Emergency Preparedness Act.

  • Johnson-Krumm v. City of Seaford

    Publication Date: 2021-05-12
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Rosemary J. Piergiovanni, Farnan LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel A. Griffith, Kaan Ekiner, Whiteford, Taylor & Preston LLC, Wilmington, DE for defendants.

    Case Number: D69390

    Police had no constitutional duty to save a suspect in handcuffs who escaped the physical grasp of officers and tried to escape via a river where he drowned.

  • Soares v. Continental Motors, Inc.

    Publication Date: 2020-08-19
    Practice Area: Wrongful Death
    Industry: Aerospace
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Philip T. Edwards, Murphy & Landon, Wilmington, DE for plaintiff.
    for defendant: Andrea S. Brooks, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE; Sherri R. Ginger and Timothy A. Heisterhagen, Armbrecht Jackson LLP, Mobile, AL for defendants.

    Case Number: D69092

    The federal district court remanded this wrongful death action to state court because defendants failed to establish the fraudulent joinder of a party.