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  • Ferrari v. Helmsman Mgmt. Servs., LLC

    Publication Date: 2020-07-08
    Practice Area: Labor Law
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Timothy J. O’Driscoll and Frederick P. Marczyk, Faegre, Drinker, Biddle & Reathe, LLP, Philadelphia, PA; Joseph C. Schoell, Faeger, Drinker, Biddle & Reathe, LLP, Wilmington, DE for defendant.
    Case Number: D69040

    Injured worker could assert bad faith delay and denial claims against third-party administrator of workers' compensation benefits where TPA voluntarily assumed control over the provision of the worker's benefits.

  • Dominica v. The Greenery at Rodney Square, Inc.

    Publication Date: 2020-07-08
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Timothy A. Dillon, McCann & Wall, LLC, Wilmington, DE for plaintiff.
    for defendant: Colin M. Shalk, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Mary A. Jacobson, New Castle County Government Center, New Castle, DE for defendants.
    Case Number: D69039

    County was entitled to immunity from slip-and-fall accident, pursuant to County and Municipal Tort Claims Act, where accident took place at a historic site used primarily for public outdoor recreation.

  • Ricketts v. Myers

    Publication Date: 2020-07-01
    Practice Area: Personal Injury
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Edward C. Gill of Law Office, Edward C. Gill, P.A., Georgetown, DE for plaintiff.
    for defendant: Shae Chasanov, Swartz Campbell LLC, Wilmington, DE for defendant.
    Case Number: D69035

    The objective evidence indicated that the parties entered into a binding settlement regarding injuries sustained by plaintiff in a motor vehicle accident.

  • Laws v. Handy

    Publication Date: 2020-07-01
    Practice Area: Wrongful Death
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Brian E. Lutness, Silverman, McDonald & Friedman, Wilmington, DE; Amman S. Wasfi,The Killino Firm, P.C., Philadelphia, PA for plaintiffs.
    for defendant: Valorie Handy, pro se defendant.
    Case Number: D69033

    A defendant's conviction for criminally negligent homicide did not establish the elements of civil negligence.

  • Harvey Hanna Assoc. v. Sheehan

    Publication Date: 2020-06-24
    Practice Area: Administrative Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell, Wilmington, DE for employer.
    for defendant: Frederick S. Freibott, The Freibott Law Firm, P.A, Wilmington, DE for claimant.
    Case Number: D69026

    Substantial evidence supported the Industrial Accident Board's decision that an injured worker was entitled to additional compensation because he suffered a recurrence of total disability.

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    Authors: George J. Kenny, Frank A. Lattal

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  • GEA Sys. N. Am. LLC v. Golden State Food Corp.

    Publication Date: 2020-06-24
    Practice Area: Contractual Disputes
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Ross, Bradley R. Aronstam and R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; E. Hutchinson Robbins, Jr. and Megan B. Burnet, Miles & Stockbridge P.C., Baltimore, MD for plaintiff.
    for defendant: Patricia L. Enerio and Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Randy K. Jones and Ann-Marie Dao, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., San Diego, CA for defendant Golden State Foods Corp. Brian M. Rostocki, Benjamin Chapple and Justin M. Forcier, Reed Smith LLP, Wilmington, DE for third-party defendant Allianz Global Risks U.S. Ins. Co.
    Case Number: D69025

    In this breach of contract action, defendant adequately alleged a negligence counterclaim, but the court dismissed the remaining counterclaims.

  • Bradford v. Beebe Med. Ctr.

    Publication Date: 2020-06-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Thomas Michael Bradford, Washington, DC, pro se plaintiff
    for defendant: Bradley J. Goewert and Catherine M. Cramer, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Beebe Medical Center. John D. Balaguer and Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants Haldar and Cathcart.
    Case Number: D69023

    Defendant hospital dismissed from medical malpractice action where complaint was filed outside statute of limitations and plaintiff's notice of investigation to extend limitations window failed to identify hospital as a potential defendant.

  • AssuredPartners of Virginia, LLC v. Sheehan

    Publication Date: 2020-06-17
    Practice Area: Contracts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Gregory P. Williams, Blake Rohrbacher, Matthew D. Perri, and Kevin M. Regan, Richards, Layton & Finger, P.A., Wilmington, DE; Joseph G. Santoro and Roger W. Feicht, Gunster, West Palm Beach, FL, for plaintiff.
    for defendant: Martin S. Lessner, Lauren Dunkle Fortunato, and Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for defendants.
    Case Number: D69014

    Breach of asset purchase agreement claims allowed to proceed where plaintiff alleged defendant sellers breached agreement by making unauthorized post-closing payments to certain defendants and by failing to disclose pre-closing liabilities.

  • State of Delaware v. Williamson

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David Hume, IV and John W. Donahue, IV, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Thomas A. Pedersen and Michael R. Abram for defendant.
    Case Number: D69020

    The court denied defendant's motion to dismiss the murder charges against him, and it granted the state's motion to involuntarily medicate defendant to restore his competency to stand trial.

  • State of Delaware v. Reed

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Caroline Brittingham and Nichole Gannett, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: N/A
    Case Number: D69019

    The court denied defendant's motions to withdraw his guilty plea and for post-conviction relief, because his sentence was just under the circumstances.