• 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.

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  • 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.

  • Chapman v. AstraZeneca Pharm. LP

    Publication Date: 2022-10-18
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: N17C-04-320 PPI

    Medical expert testimony excluded where opinion was based on possibility rather than stated in terms of a reasonable degree of medical certainty.

  • Crown Castle Fiber LLC v. City of Wilmington

    Publication Date: 2022-10-18
    Practice Area: Telecommunications
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Geoffrey G. Griver, Buchanan Ingersoll & Rooney, PC, Wilmington, DE; Shawn N. Gallagher, Buchanan Ingersoll & Rooney, PC, Philadelphia, PA for plaintiff.
    for defendant: Gary W. Lipkin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Charles A. Zdebski, Eckert Seamans Cherin & Mellott, LLC, Washington, DC; Bradley S. Eaby, Deputy Attorney General, State of Delaware Department of Justice, Dover, DE for defendants.

    Case Number: N21C-08-126 PRW

    Court denied wireless infrastructure company summary judgment in action challenging city-mandated franchise agreements for node installation, where there were outstanding issues of material fact regarding whether the franchise agreements were exempted from the preemptive effect of the Federal Telecommunications Act.

  • Osborn-Gustavason v. Waite

    Publication Date: 2022-10-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for plaintiff.
    for defendant: Peter Schaeffer, Avenue Law, Dover, DE for defendant.

    Case Number: K22C-01-009 DJB

    Court denied a motion to dismiss filed by defendant real estate agent seeking to dismiss claims filed by plaintiff clients claiming defendant failed to inform them of defects in in the home prior to purchasing the property.

  • Wilson v. Gingerich Concrete & Masonry

    Publication Date: 2022-10-18
    Practice Area: Administrative Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Valihura
    Attorneys: For plaintiff: Walt Schmittinger, Gary Junge, Schmittinger & Rodriguez, Dover, DE for appellant.
    for defendant: H. Garrett Baker, Ezzufon, Austin & Mondell, Wilmington, DE for appellee.

    Case Number: K21A-06-002

    Court affirmed the decision of the Industrial Accident Board and the Superior Court denying compensation for a surgery arising out of a workers' compensation claim.