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  • Schmidt v. The Washington Newspaper Publ'g Co., LLC

    Publication Date: 2019-10-16
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Bartholomew J. Dalton, Dalton & Assoc., PA, Wilmington, DE; Andrea L. Lewis, Searcey, Denney, Scarola Barnhart & Ship-ley, PA, West Palm Beach, FL for plaintiff.
    for defendant: Joseph J. Bellew, White and Williams LLP, Wilmington, DE; Todd R. Ehrenreich and David L. Luck of Lewis, Brisbois, Bisgaard & Smith, Miami, FL for defendant.
    Case Number: D68740

    Plaintiff's defamation claims were timely filed in accordance with Delaware's savings statute, but Delaware was not a proper forum for this dispute, so the court granted defendant's motion to dismiss.

  • State of Delaware ex. rel. French v. CVS Health Corp.

    Publication Date: 2019-10-09
    Practice Area: Civil Procedure
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Bruce E. Jameson and Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; Justin S. Brooks and Elizabeth H. Shofner, Guttman & Buschner & Brooks, PLLC, Wilmington, DE for plaintiff-relator.
    for defendant: Kenneth J. Nachbar, Michael Houghton, Matthew R. Clark and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ethan D. Miller, Jason D. Popp and Gavin Reinke. Alston & Bird LLP for CVS Health Corporation. Stephen E. Jenkins, Catherine Gaul, F. Troupe Mickler, IV, Ashby & Geddes, Wilmington, DE for Card Compliant and CardFact defend-ants. Brian E. Farnan , Farnan LLP, Wilmington, DE for Vacation Properties United Ltd. and The Factoring Co.
    Case Number: D68731

    The court dismissed this qui tam action involving an allegedly fraudulent scheme for depriving the state of money it was enti-tled to from unused gift cards.

  • State of Delaware v. Kent

    Publication Date: 2019-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Amanda J. DiLiberto, Department of Justice, Wilmington, DE for the state.
    for defendant: John S. Edinger, Jr. , Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D68732

    Defendant was not entitled to an acquittal for the lesser-included offense of attempted rape, because the state presented evi-dence that defendant took a substantial step in completing that crime.

  • Powell v. AmGuard Ins Co.

    Publication Date: 2019-10-02
    Practice Area: Insurance Litigation
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John S. Spadaro ,John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE for defendant.
    Case Number: D68724

    The court denied an insurer's motion for summary judgment, because factual issues existed regarding whether the insurer act-ed recklessly and in bad faith.

  • Collab9, LLC v. En Point Tech. Sales, LLC

    Publication Date: 2019-10-02
    Practice Area: Mergers and Acquisitions
    Industry: Consulting | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, and Christopher P. Quinn, Friedlander & Gorris, P.A., and Richard D. Robins and Gary Ganchrow, Parker, Milliken, Clark, O’Hara & Samualian, APC for plaintiff.
    for defendant: Karen A. Jacobs, Susan W. Waesco, and Alexandra M. Cumming, Morris, Nichols, Arsht & Tunnell LLP, and Jason R. Scherr, Joseph Bias, and Clara Kollm, Morgan, Lewis & Bockius, LLP, and David M. Stein and Sara Kelly-Kilgore, Greenberg Gross LLP for defendants.
    Case Number: D68719

    Implied covenant and good faith and fair dealing claim and fraud claim dismissed where allegations in support of both claims were duplicative of plaintiff's breach of contract claim.

  • Law Journal Press | Digital Book

    Merit Systems Protection Board: Rights and Remedies

    Authors: Robert G. Vaughn

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  • Bailey v. Mountaire Farms

    Publication Date: 2019-10-02
    Practice Area: Labor Law
    Industry: Agriculture
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David T. Bailey, Seaford, DE, pro se appellant.
    for defendant: Barry M. Willoughby and Lauren E.M. Russell, Rodney Square, Wilmington, DE, and Daniel C. Mulveny and Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: D68718

    Employee had not voluntarily resigned with good cause attributable to work where there was no evidence alternative position was outside employee's medical restrictions and where employee failed to give employer opportunity to address employee's physical or medical limitations before resigning.

  • Stephenson v. Big Oaks Trailer Park, Inc.

    Publication Date: 2019-09-25
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Michael I. Silverman and Adrienne M. McDonald, Wilmington, DE for defendants.
    Case Number: D68715

    Although plaintiffs failed to comply with the court's scheduling order when they failed to provide expert witness reports within the time allowed, the court concluded that defendant was not prejudiced.

  • Green v. GEICO Gen. Ins. Co.

    Publication Date: 2019-09-11
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Richard H. Cross, Jr. and Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
    for defendant: Paul A. Bradley and Stephanie A. Fox, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE, George M. Church and Laura A. Cellucci, Miles & Stockbridge P.C., Baltimore, MD, Meloney Perry, Perry Law, P.C., Dallas, TX, Wilmington, DE for defendant.
    Case Number: D68696

    Class certification granted where plaintiffs' claims that insurer illegally used computer models to deny PIP claims constituted a common contention that could be resolved through class action.

  • Lesniczak v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2019-09-11
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Frederick S. Freibott and Dennis Mason, II, The Freibott Law Firm, P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffery A. Young, Young and McNelis, Dover, DE for defendant.
    Case Number: D68698

    An insurer's obligation under Delaware's personal injury protection law did not extend to a situation where the insured stepped in an open drain while washing his vehicle.

  • Pumphrey v. Allen Harim Foods

    Publication Date: 2019-09-11
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Timothy D. Pumphrey, Lincoln, DE, pro se appellant.
    for defendant: Daniel C. Mulveny and Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68700

    The Unemployment Insurance Appeals Board properly affirmed a referee's decision, because the claimant failed to timely file his appeal. Affirmed.