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  • Trincia v. Dick's Sporting Goods

    Publication Date: 2024-03-26
    Practice Area: Labor Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Emily Laursen Raisis, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
    for defendant: Maria Paris Newill, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: N23A-03-006 MMJ

    Industrial Accident Board did not err in denying claimant's motion to strike portions of employer's expert's testimony based on newly obtained medical records where claimant knew about her prior medical records and thus employer was not at fault for the fact that claimant's expert did not possess those records to offer testimony.

  • McDaniel-Wesche v. Sun Behavioral Health

    Publication Date: 2024-03-18
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
    for defendant: Nicholas E. Bittner, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: S23A-03-002 CAK

    Industrial Accident Board properly denied claim of permanent impairment based on credibility determination, as claimant failed to seek prompt diagnostic testing or treatment following a work incident and did not disclose an intervening motor vehicle accident to her medical providers and evaluators, and employer's medical expert credibly testified as to the lack of permanent impairment.

  • Bowers v. Delaware Real Estate Comm'n

    Publication Date: 2024-03-11
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: William J. Rhodunda, Jr., Nicholas G. Kondraschow, Rhodunda, Williams & Kondraschow for appellant.
    for defendant: A. Zachary Naylor, Delaware Department of Justice for appellee.
    Case Number: N23A-04-002 PAW

    Court remanded revocation of real estate license where commission concededly deprived licensee of due process by denying him the opportunity to speak and prohibiting his counsel from reading his prepared statement, after allowing the state to provide statements and comments.

  • Payne v. Samsung Elec. Am., Inc.

    Publication Date: 2024-03-04
    Practice Area: Products Liability
    Industry: Electronics | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiff.
    for defendant: Donald M. Ransom, Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Christopher T. Logullo, Cobb & Logullo, Wilmington, DE for defendants.
    Case Number: N23C-03-193 FWW

    Court dismissed case where plaintiff was on inquiry notice that retaining or using product constituted agreement to binding arbitration with manufacturer, with the arbitration agreement delegating questions of arbitrability to the arbitrator.

  • Trott v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Lugg
    Attorneys: For plaintiff: Michael Mongeluzzi, Joseph DeAngelo, Barrett DeAngelo, LLC, West Chester, PA; Linda Malkin, Kimmel Carter Roman Peltz & O’Neil, P.A., Wilmington, DE for plaintiff.
    for defendant: Joseph Drnec, Phillip Casale, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Bradley Goewert, Thomas Marcoz, Marshall Dennehey, P.C., Wilmington, DE for defendants.
    Case Number: N20C-09-182 SPL

    Although expert testimony established nurses' deviation from the applicable standards of care, they were entitled to summary judgment when plaintiff's experts could not opine with reasonable medical certainty that their deviation proximately caused plaintiff's injury.

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  • Lucia v. Bridge Senior Living

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joshua J. Inkell, Daniel P. Hagelberg, Hudson, Castle & Inkell, LLC, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE; Francis J. Deasey, Matthew J. Junk, Deasey Mahoney & Valentini, Ltd., Philadelphia, PA for defendants.
    Case Number: N22C-08-118 DJB

    Healthcare power of attorney granting attorney-in-fact authority to contract for healthcare services on behalf of the principal was sufficient to confer authority for attorney-in-fact to sign arbitration agreement as part of principal's admission paperwork for skilled nursing facility.

  • RGIS Int'l Transition Holdco, LLC v. Retail Serv. WIS Co.

    Publication Date: 2024-02-26
    Practice Area: Mergers and Acquisitions
    Industry: Consulting | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Christopher P. Simon, David G. Holmes, Cross & Simon, LLC, Wilmington, DE; Jed M. Schwartz, Christopher Almon, Michael T. Frieda, Milbank LLP, New York, NY for plaintiffs.
    for defendant: Steven T. Margolin, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.
    Case Number: N21C-12-077

    Conspiracy and aiding and abetting fraud claims against corporate officers failed where there were no allegations that officers acted out of some personal motivation rather than in their officer roles, precluding an exception to the rule that a corporation cannot conspire with its officers.

  • Buck v. Viking Holding Mgmt. Co. LLC

    Publication Date: 2024-02-26
    Practice Area: Contractual Disputes
    Industry: Accounting | Consulting | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE; Lawrence P. Schaefer, Bert Black, Mack H. Reed, Timothy S. Christensen, Anne C. Bolgert, Schaeffer Halleeen, LLC, Minneapolis, MN for plaintiff.
    for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper, LLP, Wilmington, DE for defendant.
    Case Number: N20C-08-249 MAA CCLD

    Court denied parties' cross-motions for summary judgment where finding cause for termination was a condition precedent to employer's option to repurchase employee's equity at original cost and where there were genuine issues of material fact as to whether cause existed.

  • Alexion Pharm., Inc. v. Endurance Assurance Corp.

    Publication Date: 2024-02-26
    Practice Area: Insurance Law
    Industry: Insurance | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel M. Silver, Benjamin A. Smith, McCarter & English, LLP, Wilmington, DE; Robin L. Cohen, Cynthia M. Jordano, David J. Matulewicz-Crowley, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for plaintiff.
    for defendant: Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE; Jeanette L. Dixon, Manning & Kass, Ellrod, Ramriez, Trester LLP, New York, NY; John C. Phillips, Jr., David A. Bilson, Phillips McLaughlin & Hall, Wilmington, DE; James Sandnes, Sarah F. Voytryas, Skarzynski Marick & Black, LLP, New York, NY; Bruce W. McCullough, Bodel Bové, LLC, Wilmington, DE; Ronald P. Schiller, Thomas N. Brown, Daniel J. Layden, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA; R. Grant Dick, Cooch and Taylor, P.A., Wilmington, DE; Courtney E. Scott, Tressler LLP, New York, NY for defendants.
    Case Number: N22C-10-340

    Court found that coverage exclusion in defendants' insurance tower for insured's securities action was not triggered where prior SEC subpoena was, at best, tangentially related to the action as the subpoena and the action focused on two different types of alleged improper conduct.

  • Mid-Sussex Rescue Squad v. Hearne

    Publication Date: 2024-02-26
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Kimberly A. Harrison, Tybout, Redfearn & Pell, Wilmington, DE for appellant.
    for defendant: Ross C. Karsnitz, Morris James, LLP, Georgetown, DE for appellee.
    Case Number: S23A-06-002 RHR

    Industrial Accident Board correctly calculated divisor for determining average weekly wage by excluding a claimant's paid time off taken during weeks that they worked, as workers' compensation laws required exclusion of benefit time, including sick and vacation leave, from the calculation of a claimant's AWW.