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Publication Date: 2020-11-25
Practice Area: Contracts
Industry: Chemicals and Materials
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; William S. Hatfield, Camille V. Otero, Esquire, Jennifer A. Hradil, Joshua Elias, Gibbons P.C., Newark, NJ for plaintiffs.
for defendant: William M. Lafferty, John P. DiTomo, Thomas P. Will, Miranda N. Gilbert, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Andrew J. Rossman, Jonathan B. Oblak, Tyler G. Whitmer, Nicholas Hoy, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for defendants.
Case Number: D69198
Where the parties' contract contained no language clearly demonstrating that the parties intended to allow for fee-shifting in first-party claims, plaintiff's claim for indemnification of legal fees and costs against contractual counterparty failed.
Publication Date: 2020-11-25
Practice Area: Contracts
Industry: Construction | State and Local Government
Court: Delaware Superior Court
Judge: Judge Streett
Attorneys: For plaintiff: Paul A. Logan for plaintiff.
for defendant: Max B. Walton for defendant.
Case Number: D69199
Motion for sanctions and contractual indemnification denied where there was no evidence of vexatious or harassing litigation conduct and moving party failed to follow contractual obligation to submit a demand for indemnification.
Publication Date: 2020-11-25
Practice Area: Occupational Safety and Health
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Scerba, LLC, Wilmington, DE for claimant.
for defendant: Paul V. Tatlow, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for employer.
Case Number: D69204
The Industrial Accident Board erred in requiring a claimant to prove an ongoing condition to recover per-manent impairment benefits, so the court reversed and remanded.
Publication Date: 2020-11-18
Practice Area: Labor Law
Industry: E-Commerce
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff: Craig T. Eliassen, Schmittinger and Rodriguez, P.A. for appellant.
for defendant: John J. Ellis, James T. Betts, Heckler & Frabizzio P.A. for appellee.
Case Number: D69191
Industrial Accident Board erred in finding worker's present pain to be aggravation of preexisting injuries rather than due to a work-related injury where worker's testimony that he had no pain and sought no treatment for over two decades prior to his work accident went uncontradicted and IAB cited to no other record evidence to reject that uncontradicted testimony as not credible.
Publication Date: 2020-11-18
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff:
for defendant:
Case Number: D69197
In the interest of justice, the court concluded that defendant was entitled to the appointment of counsel to assist her in connection with her motion for postconviction relief.
Law Journal Press | Digital Book
Authors: Hon. William A. Dreier, Robert E. Bartkus
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Publication Date: 2020-11-18
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: James P. Hall, Phillips Goldman McLaughlin & Hall P.A., Wilmington, DE for plaintiff.
for defendant: Gregory S. McKee, Katherine J. Sullivan, Wharton Levin Ehrmantrout & Klein, P.A., Wilmington, DE for de-fendants.
Case Number: D69194
Plaintiff's settlement agreement in a separate personal injury proceeding against another entity did not preclude her malpractice claims against defendants.
Publication Date: 2020-11-18
Practice Area: Occupational Safety and Health
Industry: Transportation
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: A. Dale Bowers, Law Office of A. Dale Bowers P.A., Wilmington, DE for plaintiff.
for defendant: Maria R. Granuado Gesty, Burns White LLC, Wilmington, DE for defendant.
Case Number: D69195
Factual issues regarding the parties' intent with respect to the scope of a release agreement precluded summary judgment.
Publication Date: 2020-11-04
Practice Area: Contractual Disputes
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Thomas E. Hanson, Jr., Barnes & Thornburg LLP, Wilmington, DE for plaintiff.
for defendant: Victoria K. Petrone, Brian V. DeMott, Baird Mandalas Brockstedt LLC, Wilmington, DE for defendant.
Case Number: D69178
A complaint and its accompanying documents together enabled the calculation of a sum certain for damag-es, so plaintiff was entitled to a default judgment in that amount.
Publication Date: 2020-11-04
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Amanda Nyman, Delaware Dep’t of Justice, Georgetown, DE for the state.
for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.
Case Number: D69181
The court denied defendant's motion for post-conviction relief because he failed to establish ineffective assistance of his trial counsel.
Publication Date: 2020-10-28
Practice Area: Landlord Tenant Law
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson, LLP, Wilmington, DE for plaintiff.
for defendant: Elizabeth Sloan, Brittany M. Giusani, Ballard Spahr, Wilmington, DE; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
Case Number: D69172
A genuine issue of material fact existed as to whether property damage resulted from tenant's failure to make repairs or because of landlord's failure to replace a mechanical system.
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