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Publication Date: 2023-01-24
Practice Area: Labor Law
Industry: Legal Services
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Walter J. O’Brien, Weber Gallagher Simpson Stapleon Fires & Newby LLP, New Castle, DE for appellant.
for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
Case Number: N22A-03-006 FWW
Industrial Accident Board had sufficient evidence to find causal connection between work injury and new physical symptoms where medical expert credibly testified that new symptoms were a consequence of the surgery to treat the work injury.
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.
Publication Date: 2023-01-17
Practice Area: Contracts
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Zurn
Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Joseph Delich, Alex Potter, Kevin Goode, Freedman Nordmand Friedland LLP, New York, NY; Kyle Roche, Kyle Roche, P.A., New York, NY for plaintiffs.
for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. Speed, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Cantor Fitzgerald, New York, NY for defendant.
Case Number: 9436-VCZ
The court granted in part and denied in part parties' cross-motions for summary judgment regarding the appropriateness of penalties arising out of a partnership's restrictive covenants.
Publication Date: 2023-01-17
Practice Area: Business Torts
Industry: Financial Services and Banking | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Daniel C. Mulveny, Oliver Cleary, Deputy Attorneys General, State of Delaware Dep’t of Justice, Wilmington, DE; Bruce E. Jameson, Samuel L. Closic, Mary S. Thomas, Prickett, Jones & Elliott, P.A., Wilmington, DE; David Brackett, Benjamin E. Fox, John E. Floyd, Bondurant, Mixson & Elmore, LLP, Atlanta, GA for plaintiffs.
for defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Joshua A. Goldberg, Jane Metcalf, Clinton W. Morrison, Christina Sedca-Acosta, Patterson Belknap Webb & Tyler LLP; Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Eric W. Sitarchuk, Ezra D. Church, Ryan P. McCarthy, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendants.
Case Number: N18C-29-240 PRW CCLD
Qui tam relator's counsel's failure to set up ethical screens or disclose his knowledge of defendant's attorney-client materials requires disqualification and shifting of costs onto counsel.
Publication Date: 2023-01-17
Practice Area: Personal Injury
Industry:
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: William D. Fletcher, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff;
for defendant: Miranda D. Clifton, Heckler & Frabizzio, P.A., Wilmington, DE for defendant.
Case Number: K19C-09-035 JJC
The court granted plaintiff's motion for a new trial in a personal injury matter on the grounds that the jury had found that plaintiff had at least suffered some harm but nevertheless awarded a zero-dollar verdict.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-01-17
Practice Area: Damages
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Esq. P.A., Wilmington, DE for plaintiff.
for defendant: Michael C. Heyden, Jr., Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendant.
Case Number: N21C-07-011 CEB
Technician negligence that led to fuel oil spill in home did not rise to the level of wanton disregard or malice to support an award of punitive damages.
Publication Date: 2023-01-10
Practice Area: Labor Law
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
Case Number: S21C-02-003 CAK
Former employee failed to prove entitlement to commissions where his agreement conditioned commission on employer's receipt of payment from customers, but employer violated the Wage Payment and Collection Act by not timely paying earned commissions in accordance with the parties' practice.
Publication Date: 2023-01-10
Practice Area: Fee Disputes
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Bradley Eaby, Deputy Attorney General, Department of Justice, Wilmington, DE for petitioner.
for defendant: Richard L. Abbott, Abbot Law Firm, Hockessin, DE for defendant.
Case Number: S21C-03-017 FJJ
The court granted a motion for attorney fees in part and denied in part finding that defendant LLC was owed fees following a condemnation trial where the court's valuation of the property was higher than that initially offered by the State.
Publication Date: 2023-01-03
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Catherine A. Gaul, Michael J. Vail, Ashby & Geddes, Wilmington, DE; Mark I. Walach, Walter Haverfield, Cleveland, OH for plaintiff.
for defendant: John A. Sensing, Brandon R. Harper, Potter Anderson & Corroon LLP, Wilmington, DE; Eric H. Zagrans, Zagrans Law Firm LLC, Columbus, OH for defendant.
Case Number: N22C-03-092 AML CCLD
Breach of contract claim survived dismissal where tenancy-in-common agreement required parties to share expenses for property, and thus tenant breached this obligation by failing to contribute toward payment of mortgage used to refinance property upon acquisition.
Publication Date: 2023-01-03
Practice Area: Labor Law
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
Mandamus relief seeking admission to state pension plan dismissed on statute of limitations grounds where municipal officer's alleged right to apply for admission to pension plan accrued upon hire nearly 10 years prior.
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