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  • Fisher v. Emory Hill Real Estate Servs., Inc.

    Publication Date: 2022-03-08
    Practice Area: Personal Injury
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69739

    Sovereign immunity barred trip and fall claim against the state where it lacked insurance to cover the claim and therefore had not waived immunity.

  • Clouser v. Marie

    Publication Date: 2022-03-01
    Practice Area: Contracts
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Jeffrey A. Clouser, Wilmington, DE, pro se plaintiff.
    for defendant: Judy M. Jones, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendant.
    Case Number: D69730

    The court held that the factual allegations in the amended complaint did not support plaintiff's contention that the parties entered into an enforceable oral contract, that the realtor misrepresented herself, or that she interfered with plaintiff's business.

  • IP Network Solutions, Inc. v. Nutanix, Inc.

    Publication Date: 2022-02-22
    Practice Area: Contractual Disputes
    Industry: E-Commerce
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Nicholas T. Verna, Womble Bond Dickinson LLP, Wilmington, DE for plaintiff.
    for defendant: Justin M Forcier, Brian M. Rostocki, Reed Smith LLP, Wilmington, DE for defendant.
    Case Number: D69719

    The court held that neither party demonstrated that its reading of the contested operable language of the relevant agreement represented the only reasonable construction as a matter of law.

  • Feenix Payment Sys. LLC v. Blum

    Publication Date: 2022-02-08
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Thomas A. Uebler, Kathleen A. Murphy, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE for plaintiffs.
    for defendant: John A. Sensing, Jesse L. Noa, Potter Anderson & Corroon, Wilmington, DE for defendant.
    Case Number: D69706

    The court held that the absolute litigation privilege barred tort defamation claims made by plaintiff but that the privilege did not bar plaintiffs' claims for violations of nondisparagement and confidentiality clauses when defendant was allegedly in-strumental in a letter being sent to plaintiffs' lenders that disclosed damaging information about plaintiffs.

  • Monzo v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2022-02-08
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Eric K. Monzo, Morris James LLP, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69708

    Motion to amend to add bad faith claim denied as futile where the parties had engaged in good faith litigation about the availability of coverage under the policy.

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  • Imhof v. Delaware Bd. of Med. Licensure & Discipline

    Publication Date: 2022-02-08
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Bruce A. Rogers, Bruce A. Rogers, P.A., Georgetown, DE for appellant.
    for defendant: Kemba Lydia-Moore, Patricia A. Davis, Deputy Attorneys General, Department of Justice, Dover, DE for appellee.
    Case Number: D69707

    The court held that there was substantial evidence for the hearing officer who denied paramedic licensure to decide that appellant engaged in crimes related to the practice of medicine and that appellant engaged in deceitful conduct that tended to bring discredit to the profession.

  • Gonzalez v. Perdue Farms, Inc.

    Publication Date: 2022-02-01
    Practice Area: Employment Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
    for defendant: Andrea C. Panico, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: D69694

    The court held that the Industrial Board's decision to accept one medical expert's testimony over contradictory testimony from a different medical expert was within the purview of the Board and would not be changed on appeal.

  • Weinstein v. Luxeyard, Inc.

    Publication Date: 2022-02-01
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Retail
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, for plaintiffs.
    for defendant: Ann M. Kashishian, Kashishian Law, LLC, Wilmington, DE; Jack J. Nichols, Jack J. Nichols, P.C., Houston, TX for defendant.
    Case Number: D69697

    The court held that the convertible debentures at issue were conditional because they contained an express condition for payment which made the agreement a contract and not a negotiable instrument.

  • Neece v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-02-01
    Practice Area: Employment Litigation
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Connie Neece, pro se appellant.
    for defendant: Victoria Groff, Victoria W. Counihan; Daniel Mulveny, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69695

    The court reversed the decision of the Unemployment Insurance Appeal Board that denied compensation to claimant because a pertinent document that was referred to in the hearing was "purposely disregarded when rendering it's opinion" and the document was excluded from the record on appeal by the Board.

  • Venator Materials PLC v. Tronox Ltd.

    Publication Date: 2022-01-25
    Practice Area: Contractual Disputes
    Industry: Chemicals and Materials | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Ross, Garrett B. Moritz, S. Michael Sirkin, Adam D. Gold, S. Reiko Rogozen, Ross Aronstam & Moritz LLP, Wilming-ton, DE for plaintiff/counterclaim defendant.
    for defendant: Patricia A. Winston, Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE, Glen Silverstein, Michael J. Tiffany, Stephanie L. Gase, Daniel A. Johnson, Leader Berkon Colao & Silverstein LLP, New York, NY for defendant/counterclaim plaintiff.
    Case Number: D69689

    The court held that one of plaintiff's motions in limine was premature as issues of relevancy and prejudice raised by plaintiff were better resolved at trial and the other motion in limine to exclude purported expert was without basis because the witness's background clearly made him an expert in the area where he planned to testify. Opposed motions in limine denied.