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  • Holben v. Pepsi Bottling Ventures, LLC

    Publication Date: 2019-11-20
    Practice Area: Fee Disputes
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE, for appellant.
    for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE, attorney for appellee.
    Case Number: D68774

    The Industrial Accident Board erred in awarding attorneys' fees that exceeded 30 percent of the amount on an "issue" in which a claimant obtained a recovery greater than that offered by the employer prior to hearing.

  • Webster v. Brosman

    Publication Date: 2019-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Samuel D. Pratcher, III, Pratcher Krayer LLC, Wilmington, DE; Willie E. Gary and Larry A. Strauss, Gary, Williams, Parenti, Watson & Gary, PLLC, Stuart, FL for plaintiff.
    for defendant: David J. Ferry, Jr., Thomas R. Riggs and James Gaspero, Jr., Wilmington, DE of Ferry Joseph PA for defendants.
    Case Number: D68780

    Plaintiff's fraud and conversion claims against defendants were time-barred, and the court lacked subject mat-ter jurisdiction over the claim for an accounting.

  • State of Delaware v. Thomas

    Publication Date: 2019-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jordan A. Braunsberg of the Dept’ of Justice for the state.
    for defendant: Damion Thomas, pro se defendant.
    Case Number: D68778

    Changes in the law which allowed a court to impose concurrent rather that consecutive sentences for certain crimes were not retroactively effective.

  • Hamilton v. MPB Corp.

    Publication Date: 2019-11-13
    Practice Area: Personal Injury
    Industry: Manufacturing | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jason D. Warren, Shelsby & Leoni, P.A., Wilmington, DE; Keith L. Maynard, Spohrer & Dodd, P.L., Jacksonville, FL for plain-tiffs.
    for defendant: Christian J. Singewald and Christopher S. Marques, White and Williams LLP, Wilmington, DE for defendant.
    Case Number: D68770

    Plaintiffs exercised due diligence in discovering the identity of a defendant, so the amended complaint related back to the time of original filing.

  • Falciani v. Zinszer

    Publication Date: 2019-11-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Douglas A. Shachtman, The Shachtman Law Firm, Wilmington, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald J. Gouge Jr., LLC, Wilmington, DE for defendant.
    Case Number: D68768

    Parties had valid oral contract for sale of land when purchaser made partial payment, and purchaser breached when sellers were in position to complete the sale, and after a reasonable time for settlement, made time of the essence by setting a hard date for closing.

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  • Stella v. Roberts

    Publication Date: 2019-11-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: R. Eric Hacker and Robert G. Gibbs, Georgetown, DE for plaintiff.
    for defendant: Scott Wilcox and Ryan Adams, Georgetown, DE for defendant.
    Case Number: D68765

    Defendant failed to demonstrate excusable neglect, and plaintiff was entitled to summary judgment on his ejectment claim.

  • Donovan Smith MHP, LLC v. Donovan Smith HOA

    Publication Date: 2019-10-30
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Seth L. Thompson, Parkowski Guerke & Swayze, P.A., Wilmington, DE for appellant.
    for defendant: Dmitry Pilipis, Community Legal Aid Society, Inc., Wilmington, DE for appellee.
    Case Number: D68750

    Although the arbitrator erred in concluding that proposed rent increases were not "directly related" to operation, maintenance, or improvement of a mobile home park when park owner presented evidence of new expenses, the arbitrator had sufficient evidence to find the increase did not comply with statutory law where there was insufficient evidence to find the lots were below market.

  • Gluhic-Popovic v. American Med. Sys.

    Publication Date: 2019-10-30
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni, Stanton, DE; Jeffrey Brinen, Kutner Brinen, P.C., Denver CO; Shanin Specter and Lee B. Balefsky, Kline & Specter, P.C., Philadelphia, PA for plaintiff.
    for defendant: Brian M. Rostocki, Stephen J. McConnell and Justin M. Forcier, Reed Smith LLP, Wilmington, DE for defendants.
    Case Number: D68753

    Plaintiff had standing to file this products liability case even though she was a debtor in a Chapter 13 bankruptcy proceeding.

  • 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.