Filter This View

  • Verbitski v. Diamond State Port Corp.

    Publication Date: 2019-04-24
    Practice Area: Landlord Tenant Law | Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE for plaintiff.
    for defendant: David Primack, McElroy Deutsch Mulvaney & Carpenter LLP, Wilmington, DE for defendant. Mark Sposato, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE for third-party defendant.
    Case Number: D68540

    A landlord was not entitled to indemnity in this personal injury matter, because the employer who leased the property was entitled to the protection of the workers' compensation exclusivity doctrine.

  • Stump v. Town of Middleton

    Publication Date: 2019-04-24
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: John S. Malik, Law Office of John S. Malik, Wilmington, DE for plaintiff.
    for defendant: Rae M. Mims, Delaware Dep't of Justice, Dover, DE for the Criminal Justice Council. Scott G. Wilcox, Moore & Rutt, Wilmington, DE for defendants Branner, Iglio and Town of Middleton.
    Case Number: D68538

    The court declined to issue a writ of mandamus to require a hearing where a party had already pursued the extent of the grievance procedure allowed under a collective bargaining agreement.

  • Atl. Bldg. Assocs. v. Trujillo

    Publication Date: 2019-04-17
    Practice Area: Administrative Law | Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell for appellant.
    for defendant: Arthur M. Krawitz and Tara E. Bustard, Doroshow, Pasquale, Krawitz & Bhaya for appellee.
    Case Number: D68526

    The Industrial Accident Board's ruling was remanded for it to clarify whether its extensive review, of a prime contractor's efforts to verify that a subcontractor's workers' compensation insurance extended to Delaware, was conducted under a due diligence standard rather than a strict liability standard.

  • B.W. Elec., Inc. v. Gilliam-Johnson

    Publication Date: 2019-04-17
    Practice Area: Administrative Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff: Daniel F. McAllister, Baird Mandalas Brockstedt, LLC, Wilmington, DE for petitioner.
    for defendant: Oliver J. Cleary, Dep't of Justice, Wilmington, DE for respondents.
    Case Number: D68529

    An agency's determination was arbitrary and unreasonable, because it was not based on sufficient factual findings.

  • Buhrman v. Courtyard by Marriott, Inc.

    Publication Date: 2019-04-17
    Practice Area: Contracts | Damages
    Industry: Hospitality and Lodging | Insurance
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Paul D. Sunshine, Reger, Rizzo, & Darnall, LLP; Eileen M. Ford, Marks, O'Neill, O'Brien, Doherty, & Kelly, P.C., attorneys for defendants
    for defendant: N/A
    Case Number: D68528

    Indemnification for party's own negligence was triggered under the co-defendants' agreement by plaintiff's complaint asserting similar allegations of negligence against both sets of defendants.

  • Law Journal Press | Digital Book

    New Jersey Law of Personal Injury: With the Model Jury Charges 2024

    Authors: James Hely, Donald A. Digioia

    View this Book

    View more book results for the query "*"

  • Thompson v. Cape Henlopen Sch. Dist.

    Publication Date: 2019-04-10
    Practice Area: Personal Injury
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Thomas J. Roman and Emily P. Laursen, Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Newark, DE for plaintiff.
    for defendant: Douglas T. Walsh, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for defendants.
    Case Number: D68525

    In this case involving an injury to a student, the teacher and school district were entitled to immunity where the acts at issue were discretionary and no gross negligence was involved.

  • Sun Life Assurance Co. of Canada v. Group One Thousand One, LLC

    Publication Date: 2019-04-10
    Practice Area: Contractual Disputes
    Industry: Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Raymond J. DiCamillo, Travis S. Hunter and Renee M. Mosley, Richards, Layton & Finger, P.A., Wilmington, DE; Daniel M. Abuhoff and Matthew D. Forbes, Debevoise & Plimpton LLP, New York, NY for plaintiff.
    for defendant: Robert S. Saunders, Matthew P. Majarian and Daniel S. Atlas, Skadden, Arps, Slate, Meagher & Flown LLP, Wilmington, DE for defendant.
    Case Number: D68524

    A forum selection clause in the parties' stock purchase agreement could not confer jurisdiction on the chancery court where it was not otherwise available.

  • Summers v. Cabela's Wholesale, Inc.

    Publication Date: 2019-04-10
    Practice Area: Wrongful Death
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE; Jonathan E. Lowy and Erin C. Davis, Brady Center to Prevent Gun Violence, Washington, DC for plaintiff.
    for defendant: Francis G.X. Pileggi, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; James B. Vogts, Swanson, Martin & Bell LLP, Chicago, IL for defendant.
    Case Number: D68523

    Defendant was entitled to dismissal of negligence claims where it complied with all statutory requirements for the sale of a firearm.

  • Lyons Ins. Agency, Inc. v. Kirtley

    Publication Date: 2019-04-10
    Practice Area: Business Torts | Employment Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre and Janine L. Faben, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Oderah C. Nwaeze and Mackenzie M. Wrobel, Duane Morris LLP, Wilmington, DE for defendants.
    Case Number: D68521

    Issues of fact precluded the parties' motions for dismissal and judgment on the pleadings in this employment litigation.

  • State of Delaware v. Nastatos

    Publication Date: 2019-04-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Renee Hrivnak, Department of Justice, Wilmington, DE for the state
    for defendant: Christopher S. Koyste, Christopher S. Koyste LLC, Wilmington, DE for defendant.
    Case Number: D68522

    Defendant failed to establish any prejudice due to the alleged ineffectiveness of his counsel.