• Estate of Barotz v. Vida Longevity Fund., L.P.

    Publication Date: 2022-11-22
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Joseph M. Kelleher, Cozen O’Connor, Philadelphia, PA for plaintiff.
    for defendant: David P. Primack, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Eric A. Biderman, James M. Westerlind, Julius A. Rousseau Arent Fox LLP, New York, NY for defendant.

    Case Number: N20C-05-144 EMD CCLD

    The court granted plaintiff estate's motion for summary judgment on the grounds that defendant corporation was not entitled to collect decedent's life insurance proceeds because under 18 Del. C. §2704, the insurance policy was void due to lack of an insurable interest.

  • Pedicone v. Thompson/Center Arms Co.

    Publication Date: 2022-11-22
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE; Michael A. Trunk, Thomas E. Bosworth, Kline & Spector, P.C., Philadelphia, PA for plaintiffs.
    for defendant: Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Anthony M. Pisciotti, Danny C. Lallis, Pisciotti Lallis Erdreich, Florham Park, NJ for defendants.

    Case Number: N17C-11-264 WCC

    Court correctly precluded plaintiffs' expert from testifying that a new weapon design was evidence of an alternative feasible design for a prior version of the weapon designed decades ago since such evidence would ignore the normal progress of technological development.

  • AmeriMark Interactive, LLC v. AmeriMark Holdings, LLC

    Publication Date: 2022-11-15
    Practice Area: Mergers and Acquisitions
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Andrew L. Cole, Jack M. Dougherty, Cole Schotz, P.C., Wilmington, DE; Steven L. Klepper, Brendan P. Barry, Cole Schotz, P.C., Hackensack, NJ for plaintiff.
    for defendant: Patricia R. Urban, Megan I. Brison, Pinckney, Weidinger, Urgan & Joyce LLC, Wilmington, DE; Eric B. Fisher, Sarah Dowd, Binder & Schwartz LLP, New York, NY; Anna E. Currier, James G. Gorman III, Blank Rome LLP, Wilmington, DE; Jason A. Snyderman, Charles A. Fitzpatrick, Blank Rome LLP, Philadelphia, PA; Shawna J. Henry, Blank Rome, Pittsburgh, PA for defendants.

    Case Number: N21C-12-175 MMJ CCLD

    Anti-reliance/non-recourse provisions of purchase agreement did not bar fraud claims against non-signatories where plaintiff sufficiently alleged that those parties were complicit in the contracting party's misrepresentations.

  • Kirby v. The Kent County Bd. of Adjustment

    Publication Date: 2022-11-08
    Practice Area: Administrative Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: John W. Paradee, Stephen A. Spence, Brian V. Demott, Mackenzie M. Peet, Baird Mandalas Brockstedt, LLC, Dover, DE for appellant.
    for defendant: Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, Dover, DE; Craig T. Eliassen, Schmittinger & Rodriguez, P.A., Dover, DE for appellee.

    Case Number: K22A-02-003 NEP

    Court reversed the decision of the county's zoning board finding that their denial of an application to construct an "accessory cottage," was inconsistent with the plain and unambiguous meaning of the zoning code. Although the zoning board argued that the application should be denied because it would require the construction of a new building rather than an addition to an already existing outbuilding, the court noted that this was inconsistent with the code which made no mention of whether an outbuilding could be constructed to qualif

  • SARRAF 2018 Family Trust v. RP Holdco LLC

    Publication Date: 2022-11-01
    Practice Area: Contractual Disputes
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David B. Stratton, James H. Levine, Troutman, Pepper, Hamilton, Sanders, LLP, Wilmington, DE for plaintiffs.
    for defendant: S. Michael Sirkin, Anthony M. Calvano, Ross Aronstam & Moritz, LLP, Wilmington, DE; Evan I. Cohen, Finn Dixon & Herling LLP, Stamford, CT for defendants.

    Case Number: N21C-02-006

    Court denied motion for summary judgment by LLC trust beneficiary to enforce a "payout" on the terms of the trust with defendant corporation.

  • Wu v. Delaware Tech. Cmty. Coll.

    Publication Date: 2022-11-01
    Practice Area: Personal Injury
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: N21C-07-045 EMD

    College was not liable under theories of negligence or fraud for phishing scheme that was enacted through hacking the college's email system, where student who fell victim to the scheme failed to identify any legal duty owed by the college or any fraudulent act committed by college officials.

  • Craft v. Simpler

    Publication Date: 2022-11-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: James M. Stiller, Jr., Schwartz & Schwartz, Dover, DE for petitioner.
    for defendant: Bradley S. Eaby, Deputy Attorney General, Department of Justice, Dover, DE for respondent.

    Case Number: K20M-10-034 NEP

    DMV probable cause determination constituted a "conviction" for purposes of imposing a CDL suspension where a "conviction" did not necessarily require proof beyond a reasonable doubt and the intent behind license suspension was to ensure protection of the public rather than to impose criminal punishment.

  • Goldstein v. BGC Holdings, L.P.

    Publication Date: 2022-10-25
    Practice Area: Corporate Entities
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: William R. Firth, III, Cohen Seglias Pallas Greenhall & Furman, P.C., Wilmington, DE; Michael J. Maloney, Felicello Law, P.C. New York, NY.
    for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chavez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Nirav S. Shah, Cantor Fitzgerald, L.P., New York, NY for defendant.

    Case Number: N21C-12-069 MAA

    The court dismissed plaintiffs' partnership interest redemption claims when filed outside the limitations period as plaintiffs' claims accrued following defendants' denial of plaintiffs' exercise of their redemption rights.

  • Davis v. Town of S. Bethany Beach

    Publication Date: 2022-10-25
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Eric G. Mooney, Eric G. Mooney, P.A., Georgetown, DE; Tasha Marie Stevens-Gueh, Andrew & Stevens-Gueh, LLC, Georgetown, DE for plaintiff.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Montchanin, DE for defendant.

    Case Number: S20C-06-018 CAK

    Promissory estoppel claim for denial of retirement benefits not dismissed where former employee sufficiently pled that prior versions of employer's personnel manual and employer's conduct created a promise that employee would be entitled to benefits despite subsequent amendments to eligibility requirements.

  • State of Delaware v. Concrete Tech. Resurfacing & Design, Inc.

    Publication Date: 2022-10-25
    Practice Area: Discovery
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Michael Clarke, Deputy Attorney General, Consumer Protection Unit, Delaware Department of Justice, Wilmington, DE for plaintiff.
    for defendant: John V. Work, Law Office of John V. Work, Wilmington, DE for defendants.

    Case Number: N19C-05-323 FWW

    The court granted plaintiff's requests for sanctions based on a failure to produce discoverable materials and spoliation of discoverable information.