Filter This View

  • Hastings v. Watson

    Publication Date: 2019-12-04
    Practice Area: Regulation
    Industry: Construction | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Ronald E. Hastings, Ponte Vedra Beach, FL, pro se plaintiff.
    for defendant: Michael R. Smith, Seaford, DE for defendants.
    Case Number: D68793

    Although plaintiff alleged sufficient facts to support his fraud claims, the court held those claims were barred by the doctrines of res judicata and collateral estoppel. Motion to dismiss granted.

  • Allmaras v. Bd. of Adjustment of Sussex County

    Publication Date: 2019-11-27
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Joseph J. Rolla, Lewes, DE, Janice Allmaras, Lewes, DE, Robert Viscount, Lewes, DE, pro se petitioners
    for defendant: James P. Sharp, Moore & Rutt, P.A., Georgetown, DE for respondent.
    Case Number: D68782

    Petitioners were not entitled to use relation-back doctrine to bring amended land use complaint naming the landowner as a respondent within the 30-day deadline for appeal of the land use decision where the court rule required there be a mistake as to the identity of the correct party and there was no mistake in the present case over the landowner's identity.

  • Chaverri v. Dole Food Co.

    Publication Date: 2019-11-27
    Practice Area: Products Liability
    Industry: Agriculture | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Andrew C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Scott M. Hendler, Hendler Flores, PLLC, Austin, TX for plaintiff.
    for defendant: Somers S. Price, Jr., Potter, Anderson & Corroon LLP, Wilmington, DE; Andrea Neuman and Thomas Manakides, Gibson, Dunn & Crutcher, New York, NY; Adam Orlacchio and Brandon McCune, Blank Rome LLP, Wilmington, DE; Donald E. Reid, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael L. Brem, Shirrmeister, Diaz-Arrastia, Brem, LLP, Houston, TX; Timothy Jay Houseal, Jennifer M. Kinkus, and William E. Gamgort, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; John C. Phillips, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Kelly E. Farnan and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; James Semple, Cooch & Taylor, P.A., Wilmington, DE for defendant.
    Case Number: D68783

    Motion to vacate due to intervening legal decisions denied where plaintiffs unreasonably delayed filing their motion and where decisions cited in support of motion were non-controlling law.

  • Iavarone v. Eagle Eye Home Inspections, LLC

    Publication Date: 2019-11-20
    Practice Area: Damages
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Christopher H. Lee, Blake Bennett, and Dean Roland, Cooch & Taylor, P.A., Wilmington, DE for plaintiff.
    for defendant: Justin Callaway, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendant.
    Case Number: D68775

    Contractual limitation of liability provision that merely limited contractor's liability to cost of services, rather than excluding all liability, was enforceable since it provided certainty to potential damages.

  • Naisha v. Gilead Sciences, Inc.

    Publication Date: 2019-11-20
    Practice Area: Civil Rights
    Industry: Biotechnology
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Vanessa L. Naisha, pro se plaintiff
    for defendant: Smyrna, DE. Brian C. Ralston and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE for defendant.
    Case Number: D68776

    Pro se plaintiff not entitled to appointment of counsel for her civil case where there was no evidence plaintiff's access to the courts would be restricted absent appointed counsel and where plaintiff's diminished chance of success did not outweigh the government's interests.

  • Law Journal Press | Digital Book

    New Jersey Local Government Deskbook 2024

    Authors: Thomas P. Scrivo, Steven H. Sholk, Gibbons P.C.

    View this Book

    View more book results for the query "*"

  • Winshall v. Viacom Int'l Inc.

    Publication Date: 2019-11-20
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68781

    The indemnification provision in the parties' merger agreement did not apply to attorney fees in first-party claims, so the court denied plaintiff's request for an award of attorney fees and expenses.

  • Holben v. Pepsi Bottling Ventures, LLC

    Publication Date: 2019-11-20
    Practice Area: Fee Disputes
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE, for appellant.
    for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE, attorney for appellee.
    Case Number: D68774

    The Industrial Accident Board erred in awarding attorneys' fees that exceeded 30 percent of the amount on an "issue" in which a claimant obtained a recovery greater than that offered by the employer prior to hearing.

  • Webster v. Brosman

    Publication Date: 2019-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Samuel D. Pratcher, III, Pratcher Krayer LLC, Wilmington, DE; Willie E. Gary and Larry A. Strauss, Gary, Williams, Parenti, Watson & Gary, PLLC, Stuart, FL for plaintiff.
    for defendant: David J. Ferry, Jr., Thomas R. Riggs and James Gaspero, Jr., Wilmington, DE of Ferry Joseph PA for defendants.
    Case Number: D68780

    Plaintiff's fraud and conversion claims against defendants were time-barred, and the court lacked subject mat-ter jurisdiction over the claim for an accounting.

  • State of Delaware v. Thomas

    Publication Date: 2019-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jordan A. Braunsberg of the Dept’ of Justice for the state.
    for defendant: Damion Thomas, pro se defendant.
    Case Number: D68778

    Changes in the law which allowed a court to impose concurrent rather that consecutive sentences for certain crimes were not retroactively effective.

  • Hamilton v. MPB Corp.

    Publication Date: 2019-11-13
    Practice Area: Personal Injury
    Industry: Manufacturing | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jason D. Warren, Shelsby & Leoni, P.A., Wilmington, DE; Keith L. Maynard, Spohrer & Dodd, P.L., Jacksonville, FL for plain-tiffs.
    for defendant: Christian J. Singewald and Christopher S. Marques, White and Williams LLP, Wilmington, DE for defendant.
    Case Number: D68770

    Plaintiffs exercised due diligence in discovering the identity of a defendant, so the amended complaint related back to the time of original filing.