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  • 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.

  • 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.

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • 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.

  • Parkway Gravel, Inc. v. C&M Constr. Co., LLC

    Publication Date: 2022-05-03
    Practice Area: Landlord Tenant Law
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jeffrey M. Weiner, Wilmington, DE for plaintiff.
    for defendant: Christofer C. Johnson, The Johnson Firm LLC, Wilmington, DE for defendant.
    Case Number: D69801

    The court found that plaintiff proved through verified evidence and admissions deemed admitted that defendant defaulted on its lease.

  • Thompson v. Fernbach, LLC

    Publication Date: 2022-05-03
    Practice Area: Employment Litigation
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Conner
    Attorneys: For plaintiff: James M. Thompson, Dagsboro, DE, pro se plaintiff.
    for defendant: Michele M. Subers, Patrick G. Rock, Heckler & Frabizzio, P.A. for defendants.
    Case Number: D69804

    The court found that plaintiff's complaint for retaliatory termination was barred by the statute of limitations.

  • Lugaro v. Guercio

    Publication Date: 2022-05-03
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: James M. Stiller, Jr., Schwartz & Schwartz, Attorneys At Law, P.A., Dover, DE for plaintiff.
    for defendant: Arthur D. Kuhl, Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69802

    Summary judgment in motor vehicle accident case denied where the evidence created genuine issues of material fact as to defendant's speed prior to the accident and the visibility of both parties to each other leading up to the collision, such that plaintiff could not yet be found indisputably more negligent than defendant.

  • Donofrio v. Peninsula Healthcare Servs., LLC

    Publication Date: 2022-04-26
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Benjamin A. Schwartz, Schwartz and Schwartz, Dover, DE for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White LLC, Wilmington DE for defendants.
    Case Number: D69796

    Long-term care facility admission agreement had valid arbitration clause where patient possessed contractual capacity to execute the agreement.