• Sun Life Assurance Co. of Canada v. Wilmington Savings Fund Soc'y

    Publication Date: 2020-01-01
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Financial Services and Banking | Insurance | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Simon E. Fraser and Thomas Francella, Cozen O’Connor, Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi and Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for defendant.

    Case Number: D68826

    Due to a former client conflict and the appearance of impropriety, disqualification of plaintiff's counsel was necessary to ensure the fairness of the litigation process.

  • State of Delaware v. Lovell

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Stephen McDonald, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, Wilmington, DE for defendant.

    Case Number: D68825

    A search warrant lacked probable cause, because it did not contain a logical nexus between the items sought and the location searched.

  • State v. Johnson

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Annemarie H. Puit, Deputy Attorney General, Department of Justice, Wilmington, DE; John S. Taylor, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.

    Case Number: D68824

    Motion to suppress evidence seized from search warrants granted where temporal scope of warrants was overly broad and where affidavits of probable cause failed to set forth specific factual allegations establishing a logical nexus between the cell phone being searched and the crime being investigated.

  • Ocimum Biosolutions (India) Ltd. v. AstraZeneca UK Ltd.

    Publication Date: 2019-12-25
    Practice Area: Contractual Disputes
    Industry: Pharmaceuticals | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Kevin S. Mann, Michael L. Vild and Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE; C. Ed-ward Polk, Jr., Polk Law PLLC, Ashburn, VA for plaintiffs.
    for defendant: Michael P. Kelly, Daniel M. Silver, Benjamin A. Smyth and Steven P. Wood, McCarter & English, LLP, Wilmington, DE; Dane H. Butswinkas of Williams & Connolly, LLP, Washington, D.C. for defendant.

    Case Number: D68819

    Certain red flags signaled the existence of information that would have led a prudent person to discover po-tential causes of action for breach of contract or trade secret violations.

  • Anthium, LLC v. Shelton

    Publication Date: 2019-12-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Catherine Di Lorenzo, Wilmington, DE for plaintiff.
    for defendant: Reginald L. Harris, self-represented litigant.

    Case Number: D68814

    Mortgagor's death did not trigger the eight-month statute of limitations under 12 Del C. §2012(a), such that the mortgage holder's action was not time-barred, but the mortgage holder was not entitled to summary judgment where it failed to show it provided notice and opportunity to cure default required under the mortgage.

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    Connecticut Business Litigation, 4th Edition

    Authors: THOMAS J. FINN, PAULA CRUZ CEDILLO

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  • State of Delaware v. Jones

    Publication Date: 2019-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kathryn J. Garrison, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.

    Case Number: D68821

    The state had a tacit understanding with a prison informant that it would assist with the reduction of the in-formant's sentence if he testified against defendant, but the state failed to disclose this to defendant.

  • 913 Market, LLC v. InvestUSA Holding Enters., LLC

    Publication Date: 2019-12-11
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendant.

    Case Number: D68798

    Plaintiff seller was entitled to judgment where defendant buyer breached a purchase and sale agreement for real property by failing to close by the contracted-for "time of the essence" closing date and the agreement unambiguously provided that plaintiff's sole and exclusive remedy was to retain defendant's earnest money deposit.

  • State of Delaware v. Pardo

    Publication Date: 2019-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Eric H. Zubrow, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.

    Case Number: D68805

    The court denied a motion for post-conviction relief, because defendant failed to demonstrate that his trial counsel was inef-fective.

  • CSDCPC 920 French, LLC v. Christina Sch. Dist.

    Publication Date: 2019-12-04
    Practice Area: Tax
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: David A. White, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: David H. Williams, Morris James LLP, Wilmington, DE for defendants.

    Case Number: D68792

    School district's decision not to grant school tax refund to entity afforded charitable tax exemption affirmed where voluntary payment of tax pending appeal meant there was no unconstitutional taking and where statutory scheme governing refund did not violate due process.

  • TIBCO Software, Inc. v. nThrive Revenue Sys., LLC

    Publication Date: 2019-12-04
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher, LLP, Newark, DE for plaintiff.
    for defendant: Chad S.C. Stover, Barnes & Thornburg, LLP, Wilmington, DE for defendant.

    Case Number: D68796

    A factual dispute existed regarding whether a party was an agent or otherwise had authority to terminate an agreement. Motion for summary judgment denied.