• In Re: Proton Pump Inhibitors Prod. Liab. Litig.

    Publication Date: 2023-08-28
    Practice Area: Products Liability
    Industry: Manufacturing | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Martin Bienstock, Bienstock PLLC, Washington, D.C. for plaintiff.
    for defendant: James J. Freebery, Daniel J. Brown, Makenzie Windfelder, Hayley J. Reese, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE; Arthur E. Brown, William Hoffman, Matthew Douglas, Arnold & Porter Kaye Scholer LLP, New York, NY; Amy K. Fisher, Katherine D. Althoff, Carolyn E. Riggs, Ice Miller LLP, Indianapolis, IN; Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Sherry Knutson, Tucker Ellis LLP, Chicago, IL; Craig A. Thompson, Venable LLP, Baltimore, MD for defendants.

    Case Number: N17C-07-001 PPI

    Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie

  • AuditBOT, Inc. v. Mariyappan

    Publication Date: 2023-08-28
    Practice Area: Contracts
    Industry: Consulting | Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Anthony N. Delcollo, Thomas H. Kramer, Offit Kurman, P.A., Wilmington, DE for plaintiff.
    for defendant: Daniel F. McAllister, McAllister Firm LLC, Wilmington, DE for defendant.

    Case Number: N19C-08-199 MMJ CCLD

    Court dismissed breach of settlement lawsuit where there was no evidence that defendant breached his representations and warranties in the settlement, which was the sole exclusion to the broad release of claims that included future claims or claims based on heretofore unknown facts.

  • Bajwa v. Millcreek Shopping Ctr. LLC

    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.

  • REO Trust 2017-RPL1 v. Short Sale, LLC

    Publication Date: 2023-08-14
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Janet Charlton, Michael Pak, McCabe, Weisberg & Conway, LLC, Wilmington, DE for plaintiffs.
    for defendant: Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville DE for defendant.

    Case Number: N20L-10-029 DJB

    Although mortgagor should have been noticed in second foreclosure action filed against purchaser at first sheriff's sale, the mortgagor's failure to participate in prior foreclosure action and purchaser being placed on constructive notice of potential mortgage liens on the property meant no interested party was prejudiced by the defect.

  • New Wood Res. LLC v. Baldwin

    Publication Date: 2023-08-14
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
    for defendant: Sean J. Bellew, Bellew LLC, Wilmington, DE; Chris L. Gilbert, Gilbert PC, Dallas, TX for defendant.

    Case Number: N20C-10-231- SKR CCLD

    Ruling that under Delaware law a person is presumed to act in good faith unless evidence is presented to the contrary, the court ruled that defendant had not demonstrated that plaintiff was motivated by bad faith and had, thus, breached the implied covenant of good faith and fair dealing under the terms of their contract. Plaintiff's motion for summary judgment granted.

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  • Blue Valley, LLC v. Klein

    Publication Date: 2023-08-14
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: John Harris, Esquire, Harry Shenton IV, Berger Harris LLP, Wilmington, DE for plaintiff.
    for defendant: John Klein, Tampa, FL, pro se defendant.

    Case Number: N20C-03-300 SKR CCLD

    The court ruled that it did not need to reach an offensive collateral estoppel analysis because plaintiff had carried its burden of proof for summary judgment on the merits demonstrating a breach of the indemnification agreement at issue.

  • SARN SD3, LLC v. Czechoslovak Group A.S.

    Publication Date: 2023-08-07
    Practice Area: Contractual Disputes
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Mackenzie M. Wrobel, Coleen W. Will, Duane Morris LLP, Wilmington, DE; Ryan E. Borneman, Duane Morris LLP, Philadelphia, PA for plaintiff.
    for defendant: Philip Trainer, Jr., Tiffany Geyer Lydon, Ashby & Geddes, Wilmington, DE; Kenneth J. Pfaehler, Dentons US LLP, Washington, DC for defendant.

    Case Number: N17C-12-185 EMD CCLD

    Post-judgment interest did not begin accruing in a case where the court had not granted a final appealable judgment on a partial summary judgment motion.

  • Reylek v. Albence

    Publication Date: 2023-08-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, pro se petitioner.
    for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for Respondent.

    Case Number: K22M-07-010 NEP

    The court dismissed petitioner's request for a writ of mandamus to compel state officials to only employ valid and legally certified voting system/machines but deferred ruling on whether an actual controversy existed to support a declaratory judgment.

  • Biegler v. Underwriting Serv. Mgmt. Co., LLC

    Publication Date: 2023-07-31
    Practice Area: Business Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.

    Case Number: N23C-01-180 FWW

    Negligence and tortious interference claims against insurer brought by insurance agent failed where insurer lacked specific knowledge of the business relationship between the agent and the agent's client and would not have reason to know they would be liable for damage arising from the client's termination of the agent's services following the insurer's policy cancellation.

  • Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. FedEx Corp.

    Publication Date: 2023-07-31
    Practice Area: Insurance Litigation
    Industry: Cargo and Shipping | Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert Cahall, McCormick & Priore, P.C., Newark, DE; Daniel McNeel Lane, Jr., Kelly A. Potter, Norton Rose Fulbright US LLP, San Antonio, TX; Mina Matin, Lisa Schapria, Norton Rose Fulbright US LLP, New York, NY for plaintiff.
    for defendant: Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Carolyn M. Branthoover, Jessica L.G. Moran, K&L Gates LLP, Pittsburgh, PA; Richard M. Beck, Sally E. Veghte, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; James P. Ruggeri, Edward B. Parks, II, Sean T. Kelly, Ruggeri Parks Weinberg LLP, Washington, DC; Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE for defendants.

    Case Number: N22C-08-488 EMD CCLD

    Court stayed action under comity where another jurisdiction determined to proceed with parallel action despite that case being second-filed since that action had connections to the jurisdiction, and staying the present action would avoid duplicative litigation or inconsistent results.