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  • Galate v. Beebe Med. Ctr., Inc.

    Publication Date: 2022-06-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert, Lorenza A. Wolhar, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Lauren C. McConnell, Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
    Case Number: D69845

    Motion to amend complaint to assert claims arising out of CT scan denied where the scan was distinct from the other treatments that formed the basis of plaintiffs' complaint, precluding application of the relation back doctrine.

  • Emery v. Christiana Care Health Servs., Inc.

    Publication Date: 2022-06-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Onofrio de Gennaro, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE for plaintiffs.
    for defendant: Phillip M. Casale, Morris James LLP, Wilmington, DE For defendant.
    Case Number: D69843

    Continuous medical treatment doctrine applied to render plaintiffs' claims timely where plaintiffs sufficiently alleged that the course of treatment stretched from an initial act of negligence to the patient's death.

  • Young v. Christiana Care

    Publication Date: 2022-05-31
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Sykema Young, pro se appellant.
    for defendant: Emily K. Silverstein, White and Williams, LLP, Wilmington, DE; Victoria Groff, Department of Justice, Wilmington, DE for appellees.
    Case Number: D69835

    Appeal from referee's denial of unemployment benefits dismissed as untimely where applicant failed to demonstrate circumstances warranting the acceptance of her untimely appeal.

  • State v. Carter

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Daniel McBride, Deputy Attorney General, Office of the Attorney General, Wilmington, DE for plaintiff.
    for defendant: Elise Wolpert, Office of Eugene I. Maurer, Jr., P.A. Wilmington, DE for defendant.
    Case Number: D69831

    Second warrant, which cured overbroad defects from a prior warrant, was permissible under the independent source doctrine where no evidence directly or indirectly obtained from the improper first warrant was used to apply for the second warrant.

  • State v. McGuiness

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Mark A. Denney, Jr., Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE for defendant.
    Case Number: D69832

    Court sanctioned prosecution by excluding any evidence obtained from seized electronic devices from the state's case in chief where investigators took over six months to access and turn over device contents.

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  • Kaur v. Boston Scientific Corp.

    Publication Date: 2022-05-24
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Robert J. Leoni, Shelby & Leoni, Wilmington, DE for plaintiffs.
    for defendant: Colleen D. Shields, Eckert, Seamans, Cherin & Mellott LLC, Wilmington, DE for defendant.
    Case Number: D69829

    Court excluded expert testimony to the extent it opined about corporate defendant's state of mind or the reasonableness of its actions or attempted to offer a legal conclusion, since such testimony would usurp the fact-finding province of the jury.

  • Greentech Consultancy Co., WLL v. Hilco IP Servs., LLC

    Publication Date: 2022-05-24
    Practice Area: Contracts
    Industry: Consulting
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Jr., Halloran Farkas & Kittila LLP, Wilmington, DEs for plaintiff
    for defendant: Richard L. Renck, Duane Morris LLP, Wilmington, DE for defendant.
    Case Number: D69825

    Implied contractual obligation in preliminary agreement to negotiate a final agreement in good faith was an enforceable contractual obligation, but summary judgment was inappropriate where there was a genuine issue of material fact as to whether defendant acted in bad faith during the negotiations.

  • ADGS, LLC v. Emery Silfurtun, Inc.

    Publication Date: 2022-05-24
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Christian J. Singewald, Kelly E. Rowe, White and Williams LLP, Wilmington, DE for plaintiff.
    for defendant: Blake Rohrbacher, Kelly E. Farnan, Valerie A. Caras, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
    Case Number: D69824

    Claims dismissed for lack of personal jurisdiction where no act or injury took place in Delaware, such that the court could not exercise jurisdiction over foreign entities under either a conduct-based or successor liability theory.

  • Horizon Serv., Inc. v. Henry

    Publication Date: 2022-05-17
    Practice Area: Labor Law
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Elissa A. Greenberg, Elzufon Austin & Mondell, PA for plaintiff.
    for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel Carter Roman Peltz & O’Neill, PA; William A. Crawford, Franklin & Prokopik for defendants.
    Case Number: D69815

    Employer's workers' compensation insurer was not entitled to assert a lien on any underinsured motorist coverage recovery obtained by an injured worker from the employer's auto insurer, where the Workers' Compensation Act only permitted reimbursement from a third-party tortfeasor or their insurer.

  • State v. Smith

    Publication Date: 2022-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Michael H. Tipton, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D69820

    Court did not err in finding aggravating factors that supported sentence, where evidence and colloquy testimony demonstrated that defendant had approached the victim and shot the victim in the back.