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Publication Date: 2023-10-09
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
Case Number: N22M-02-006 EMD
Concluding that plaintiff did not have a present right to join the state pension plan, the court ruled that it could not issue a writ of mandamus. Moreover, the petition for a writ of mandamus to allow plaintiff to participate in the state pension plan was barred by the three-year statute of limitations as no claim as to a present right to mandamus was presented.
Publication Date: 2023-10-02
Practice Area: Insurance Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Kenneth H. Frnechman, Michelle R. Migdon, Orrie A. Levy, Samantha Smith, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for plaintiffs.
for defendant: Kurt M. Heyman, Aaron M. Nelson, Kelly E. Rowe, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE: Scott B. Schreiber, Arthur Luk, William C. Perdue, Samuel I. Ferenc, Matthew Bemis, Arnold & Porter Kay Scholer LLP, Washington, D.C.; John C. Phillips, David A. Biilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Douglas M. Mangel, Michelle Beecy, Clyde & Co LLP, Washington, D.C.; Geoffrey W. Heineman, Jung H. Park, Ropers Majeski, PC, New York, NY; Robert J. Katzenstein, Julie M. O’Dell, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Matthew Beato, Jason Chronic, Jessica N. Gallinaro, Wiley Rein LLP, Washington, D.C.; Karen H. Ventrell, CNA Corporate Litigation, Washington, D.C.; Scott A. Schechter, Matthew Mawby, Kaufman Borgeest & Ryan LLP, Valhalla, NY; John G. Day, Bruce E. Jameson, Prickett, Jones & Elliott, P.A., Wilmington, DE; Alexis J. Rogoski, Edward C. Carleton, Skarzynski Marick & Black LLC, New York, NY; John L. Reed, DLA Piper (US), Wilmington, DE; Steven J. Brodie, Carlton Fields, P.A., Miami, FL; Charles W. Stotter, Carlton Fields, P.A., New York, NY for defendants.
Case Number: N22C-05-057 EMD CCLD
Claim reserves and underwriting exclusions to professional liability insurance policy did not apply to underlying lawsuits by long-term care insurance policyholders alleging misrepresentations in the marketing and sale arising from the failure to disclose planned or expected premium increases.
Publication Date: 2023-09-25
Practice Area: Landlord Tenant Law
Industry:
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Andrew D. Cordo, Kaitlin E. Maloney, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for plaintiff.
for defendant: Katherine L. Mowery, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Mark T. Josephs, Brian H. Oates, Matt M. Johnson, Jackson Walker, LLP, Dallas, TX for defendant.
Case Number: N23C-01-178 MAA CCLD
Court denied landlord summary judgment on tenant's breach of lease agreement where the lease obligated the parties to continue with a revise-or-consent procedure to resolve improvement costs over the tenant allowance, and there was evidence that the tenant was continuing with the procedure until the landlord refused to proceed with revisions and terminated the lease.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.
Case Number: # 1512017983
Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.
Publication Date: 2023-09-18
Practice Area: Employment Litigation
Industry: Health Care | Legal Services
Court: Delaware Superior Court
Judge: District Judge Wharton
Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
Case Number: N20C-08-186 FWW
Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.
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Authors: Janet K. Colaneri
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Publication Date: 2023-09-11
Practice Area: Civil Rights
Industry: Non-Profit | State and Local Government
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Scott D. Cousins, Cousins Law LLC, Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney at Law, Wilmington, DE for plaintiffs.
for defendant: Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.
Case Number: N23C-01-123 MAA
Plaintiffs' lawsuit challenging past COVID-19-related restrictions on houses of worship was dismissed where governor was entitled to qualified immunity as it was unclear at the time the restrictions were implemented that such restrictions were unconstitutional and where the lawsuit was not justiciable since there was no longer an active case or controversy.
Publication Date: 2023-09-04
Practice Area: Contracts
Industry: Manufacturing | Retail | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Krista M. Reale, Margolis Edelstein, Wilmington, DE; Herbert W. Mondros, Rigrodsky Law, P.A. Wilmington, DE for plaintiff.
for defendant: K. Tyler O’Connell, Barnaby Grzaslewicz, Samuel E. Bashman, Morris James LLP, Wilmington, DE; Eric C. Liebeler, Kevin Kitchen, Connor Shaull, Stinson LLP, Minneapolis, MN for defendants.
Case Number: N20C-10-121-EMD
Concluding that the facts alleged for the breach of contract claim in the original complaint were similar to those pled in the claim for tortious interference in the amended complaint, the court denied defendant's motion to dismiss finding that defendant was provided sufficient notice of the tortious interference claim to relate back to the original complaint.
Publication Date: 2023-09-04
Practice Area: Contractual Disputes
Industry: E-Commerce | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: David Wilks, D. Charles Vavala III, Wilks Law LLC, Wilmington, DE for plaintiffs.
for defendant: Karen Jacobs, Alexandra Cumings, Stephanie Rudolph, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendants.
Case Number: N23C-01-229 SKR CCLD
The court granted defendant's motion to stay Delaware proceedings in deference to an earlier-filed pending case in federal district court in California finding that the parties and issues presented were substantially identical, the California court could provide prompt and complete justice, and allowing the California and Delaware actions to proceed simultaneously would risk waste of judicial resources and inconsistent resolution of the issues.
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.
Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Counsel: Kevin M. Capuzzi, Benesch, Friedlander, Coplan & Aronoff, LLP, Wilmington, DE for plaintiff.
for defendant: Paul D. Brown, Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; F. Maximilian Czernin, Peter R. Morrison, Squire Patton Boggs, LLP, Cincinnati, OH for defendant.
Case Number: N22C-12-143 MAA CCLD
Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within
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