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

    Publication Date: 2023-07-24
    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

    Insurance agent's professional negligence claims against insurance provider arising from the agent's termination by his client failed where agent could not allege a duty of care by the provider, which had no reason to know that the agent's continued retention by his client would be conditioned on the provider's performance under the insurance policy.

  • Ridgewood Manor MHC, LLC v. Ridgewood Manor HOA

    Publication Date: 2023-07-17
    Practice Area: Real Estate
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: David C. Zerbato, Moton, Valihura & Zerbato, LLC, Greenville, DE for appellant.
    for defendant: Anthony V. Panicola, Olga K. Beskrone, Colten L. Fleu, Community Legal Aid Society, Inc., Dover, DE for appellee.

    Case Number: K21A-10-002 RLG

    Arbitrator erred by considering and carving out a manufactured home community owner's acquisition costs in denying the owner's request for an above-inflation rent increase, where the analytical framework merely required the arbitrator to consider the statutory factors after finding the owner had made capital expenditures that directly related to the community maintenance and improvement.

  • Eley v. PNC Bank Branch of Lewes DE

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
    for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.

    Case Number: S23C-04-003 CAK

    Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.

  • Waters v. Delaware Moving & Storage, Inc.

    Publication Date: 2023-07-10
    Practice Area: Contracts
    Industry: Cargo and Shipping | Construction
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
    for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE; Lisa M. Grubb, Marhsall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.

    Case Number: N21C-05-130 MAA

    Replacement cost value provision in moving contract limiting company's liability for damage or loss was valid and enforceable where it met statutory requirements, as the law did not require an accurate valuation of property where customer had opportunity to negotiate or state a value.

  • Hunsucker v. Scott Paper Co.

    Publication Date: 2023-07-03
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Billy Hunsucker, pro se appellant.
    for defendant: John W. Morgan, Heckler & Frabizzio, Wilmington, DE for appellee.

    Case Number: K22A-11-001 RLG

    IAB did not abuse discretion in ordering reduction of claimant's opioid dosage where it credited the testimony of employer's medical expert that claimant's dosage was unsafe due to his treating physician's lack of documentation, and where his treating physician also conceded the dangers of high dosage.

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  • LCT Capital, LLC v. NGL Energy Partners LP

    Publication Date: 2023-07-03
    Practice Area: Contracts
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John L. Reed, Daniel P. Klusman, Peter H. Kyle, DLA Piper, LLP, Wilmington, DE; Michael D. Hynes, Emma Kramer Jones, DLA Piper, New York, NY; Benjamin D. Schuman, Ellen E. Dew, DLA Piper, LLP, Baltimore, MD for plaintiff.
    for defendant: Steven T. Margolin, Lisa Z. Brown, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig LLP, New York, NY for defendants.

    Case Number: N15C-08-109 JJC CCLD

    Court declined to award prevailing plaintiff reimbursement of special discovery master and mediation fees where such fees fell within the category of pre-trial costs that each party was expected to bear on its own, as there was no evidence that defendant acted in bad faith or engaged in litigation misconduct.

  • Bovell v. Harrison

    Publication Date: 2023-07-03
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiffs.
    for defendant: Steven F. Mones, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.

    Case Number: N22C-04-205 CEB

    Res judicata barred motor vehicle accident claim when plaintiff chose to prosecute her property damage claim in the Justice of the Peace court, although her adult son's claims could proceed where he was not a named plaintiff in the JP court case and there was no evidence that he had consented to his mother's representation or was incapable of presenting his claims on his own or with counsel.

  • Washington v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-06-27
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lavern C. Washington, pro se appellant.
    for defendant: Victoria E. Groff, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.

    Case Number: N22A-03-004 CEB

    Court affirmed unemployment benefits disqualification where evidence clearly showed claimant knowingly underreported income, as his claim that he was instructed to do so by DOL employees lacked credibility.

  • State v. Holmes

    Publication Date: 2023-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel B. McBride, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Robert M. Gamburg, Gamburg & Benedetto LLC, Philadelphia, PA; Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.

    Case Number: 2203012514

    Search warrant was supported by probable cause where police obtained various articulable facts indicating that an apartment and storage unit were used by defendant for stashing drugs, with that suspicion confirmed by a non-Fourth Amendment canine sniff.

  • Schafer v. Kent County Dep't of Planning Serv.

    Publication Date: 2023-06-13
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, J. Garrett Miller, Baird, Mandalas, Brockstedt, Federico & Cardea, LLC, Dover, DE for petitioners.
    for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston, LLC, Wilmington, DE; Richard A. Forsten, Pamela J. Scott, Gary W. Lipkin, Saul, Ewing, Arnstein & Lehr, LLP, Wilmington, DE for respondents.

    Case Number: K22C-11-014 JJC

    Although court lacked statutory authority to hear appeal from administrative decision of county staff since the statute only permitted appeals of decisions by the county's governing board, landowners could challenge the legality of a minor subdivision approval through a writ of certiorari.