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  • Tibco Software Inc. v. Mediamath, Inc.

    Publication Date: 2019-07-24
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for plaintiff.
    for defendant: Matthew P. Ward and Nicholas T. Verna, Womble Bond Dickinson (US) LLP, Wilmington, DE; Usher Winslett, Winslett Stud-nicky McCormick & Bomser LLP, New York, NY for defendant.
    Case Number: D68645

    The court concluded defendant's interpretation of a contract clause was not reasonable, because it would have relieved de-fendant from liability for its own failure to comply with the terms of the contract.

  • DiStefano v. KW Solar Sols., Inc.

    Publication Date: 2019-07-17
    Practice Area: Expert Witnesses
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Blake A. Bennett and Christopher H. Lee, Cooch and Taylor, P.A., Wilmington, DE for plaintiffs.
    for defendant: Robert D. Goldberg, Biggs and Battaglia, Wilmington, DE for defendants.
    Case Number: D68632

    Plaintiffs' expert could testify as to the presence of mold in plaintiffs' home, given the expert's training, certifications, and experience in the mold inspection industry.

  • Conduent State Healthcare, LLC v. AIG Specialty Ins. Co.

    Publication Date: 2019-07-17
    Practice Area: Insurance Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY; Jennifer C. Wasson and Carla M. Jones, Potter, Anderson & Corroon, LLP, Wilmington, DE for plaintiff.
    for defendant: John L. Reed, Matthew Denn, and Harrison S. Carpenter, DLA Piper LLP, Wilmington, DE, Robert S. Harrell, Mayer Brown LLP, Houston, TX for defendants.
    Case Number: D68631

    Defendants obligated to provide defense costs following state attorney general's issuance of a civil investigative demand to defendants' insured because the demand involved an investigation into Medicaid fraud and constituted a "demand for non-monetary relief" under the terms of defendants' policies.

  • State v. Xenidis

    Publication Date: 2019-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Matthew F. Hicks Dep't of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, The Law Office of Michael W. Modica, Wilmington, DE for defendant.
    Case Number: D68637

    In this sentencing matter, defendant was prohibited from collaterally attacking a prior conviction in another state for driving under the influence of alcohol.

  • Anderson v. General Motors, LLC

    Publication Date: 2019-07-17
    Practice Area: Labor Law
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Roland C. Anderson, pro se appellant.
    for defendant: Lori A. Brewington and Renee M. Mosley, Richards Layton & Finger, P.A., Wilmington, DE for appellee.
    Case Number: D68630

    Motion to reopen workers' compensation claim properly denied where full evidentiary record demonstrated that employer continued to deny liability for employee's claim, previously dismissed by the courts.

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  • State v. Boyd

    Publication Date: 2019-07-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Matthew C. Bloom, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Joe Hurley for defendant.
    Case Number: D68628

    The court granted a motion to suppress with regard to defendant's inculpatory statements made after the interviewer made threatening comments and posed leading questions to elicit admissions by defendant.

  • State v. Bussey

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    for defendant: Casey L. Ewart, Dep't of Justice, Dover, DE for the state.
    Case Number: D68629

    Defense counsel adopted a reasonable trial strategy, so defendant was not entitled to post-conviction relief due to ineffective-ness of counsel.

  • Smith v. State

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Frances S. Ratner, Office of Defense Services, Wilmington, DE for the defendant.
    for defendant: Jillian L. Schroeder, Dep't of Justice, Wilmington, DE for the state.
    Case Number: D68627

    The court affirmed defendant's conviction for resisting arrest where he failed to demonstrate police bias or establish that po-lice did not follow proper procedures.

  • 3M Co. v. Neology, Inc.

    Publication Date: 2019-07-10
    Practice Area: Mergers and Acquisitions
    Industry: Electronics | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Rafel Z. Zahralddin-Aravena, and Jonathan M. Stemerman, Elliott Greenleaf, P.C., Wilmington, DE; Lawrence M. Shapiro and Sybil L. Dunlop, Greene Espel PLLP, Minneapolis, MN for plaintiff
    for defendant: Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; John D. Alessio and Alex G. Brizolis, Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA; T. Brad Davy and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
    Case Number: D68622

    Implied covenant and breach of contract claims failed where claimant failed to allege a contractual gap to be filled by the implied covenant and where the contract made indemnification the parties' sole remedy.

  • West v. Access Control Related Enter., LLC

    Publication Date: 2019-06-26
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Geoffrey G. Grivner, Buchanan, Ingersoll & Rooney, PC; Ekwan E. Rhow, Sharon Mayer, and Patricia H. Jun, Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. for plaintiff
    for defendant: Justin K. Victor, Michael L. Banks, and Vishal H. Shah, Morgan, Lewis & Bockius, LLP for defendants.
    Case Number: D68608

    Implied covenant and conversion claims dismissed as duplicative of breach of contract claims where contract expressly defined expectations of the parties and where conversion of contractually-promised assets had to be brought as a contractual claim.