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  • Optical Air Data Sys., LLC v. L-3 Commc'ns Corp.

    Publication Date: 2019-02-06
    Practice Area: Business Torts | Contracts
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68448

    Breach by premature termination claims not dismissed where there were genuine issues of material fact as to whether plaintiff had entered agreements that precluded it from entering its agreements with defendant and had fraudulently induced defendant to enter the agreements.

  • Toedtman v. Turnpoint Med. Devices, Inc.

    Publication Date: 2019-02-06
    Practice Area: Contracts | Employment Litigation
    Industry: Consulting | Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas & Kittila, LLP, Wilmington, DE for plain-tiff.
    for defendant: Sharon Oras Morgan and Courtney A. Emerson Fox Rothschild LLP, Wilmington, DE for defendant.
    Case Number: D68452

    Plaintiff established the right to recover severance pay under the parties' employment agreement and based on promissory estoppel.

  • Smith v. Liberty Mut. Ins. Co.

    Publication Date: 2019-01-30
    Practice Area: Insurance Law
    Industry: Education | Insurance
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Lisa C. McLaughlin for plaintiff
    for defendant: Daniel A. Griffith for defendant
    Case Number: D68445

    A school district's insurer had a duty to defend a teacher in an action by a former student for the teacher's sexual misconduct, because the underlying complaint included claims that fell within the policy. Ambiguity existed with regard to a policy exclusion, so the court resolved the ambiguity against the insurer.

  • Ritchie Multi-Strategy Global, LLC v. Huizenga Managers Fund, LLC

    Publication Date: 2019-01-30
    Practice Area: Contractual Disputes
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: John A. Sensing and Ryan C. Cicoski for plaintiff.
    for defendant: Steven L. Caponi and Matthew B. Goeller, K&L Gates, LLP; Christopher J. Barber, Williams Montgom-ery & John Ltd. for defendant.
    Case Number: D68443

    A stay of this Delaware proceeding was appropriate where an action in another state involving the same parties and operative facts was not yet final.

  • BRP HOLD OX, LLC v. Chilian

    Publication Date: 2019-01-30
    Practice Area: Business Torts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: K. Tyler O'Connell, Morris James LLP, Wilmington, DE for plaintiffs.
    for defendant: David P. Primack and David W. Giattino, McElroy Deutsch Mulvaney & Carpenter, LLP, Wilmington, DE for defendant.
    Case Number: D68438

    Application for interlocutory appeal denied where court's application of absolute privilege was not in conflict with prior jurisprudence as alleged falsity of claim of breach of contract was not product of firsthand knowledge, and costs of interlocutory review would likely outweigh benefits.

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    Georgia Business Litigation 2024

    Authors: Robert C. Port

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  • Carter v. Principe

    Publication Date: 2019-01-30
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Leroy A. Tice, Leroy A. Tice, P.A. for plaintiff.
    for defendant: Joshua H. Meyeroff, Morris James LLP for defendant.
    Case Number: D68439

    Joint tortfeasor, allegedly liable under theory of vicarious liability, was not released under settlement between claimant and other joint tortfeasor where neither were explicitly named nor released under settlement.

  • Taplin v. Schuitemaker

    Publication Date: 2019-01-23
    Practice Area: Contracts
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, Dover, DE for appellant.
    for defendant: Paul G. Enterline, Georgetown, DE for appellee.
    Case Number: D68432

    Trial court erroneously denied motion to amend pleadings to add quasi-contractual claims where defendant's acquiescence to introduction of evidence in support of those claims and argument on those claims in defendant's own pleadings demonstrated implied consent to trying the claims and a lack of surprise by amendment.

  • Agostini v. Blenheim at Augustine Creek, LLC

    Publication Date: 2019-01-23
    Practice Area: Contractual Disputes | Expert Witnesses | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Dean R. Roland, Cooch and Taylor P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Wilmington, DE for defendant.
    Case Number: D68430

    Jury waiver was enforceable where the heart of plaintiffs' claims went to their request to be made whole under the operative contract and the waiver language was sufficiently conspicuous to place readers on notice they were waiving the right to jury trial.

  • Brown v. City of Wilmington

    Publication Date: 2019-01-23
    Practice Area: Health Care Law | Labor Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Gary S. Nitsche and Rachel D. Allen, Weik, Nitsche & Dougherty, LLC, Wilmington, DE, for plaintiffs.
    for defendant: Lauren A. Cirrinicione and Kelley M. Huff, Murphy & Landon, Wilmington, DE for defendant.
    Case Number: D68431

    Retired firefighters' claims for denial of health insurance benefits pursuant to municipal personnel policy denied where employer had not made specific determination that their disabilities arose from hot pursuit or emergency situation and where policy could not apply retroactively to firefighters who retired prior to policy adoption.

  • Ways v. State of Delaware

    Publication Date: 2019-01-02
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Vaughn
    Attorneys: For plaintiff: Abby Adams, Deputy Attorney General, Georgetown, DE for the state
    for defendant: Jerome M. Capone, Assistant Public Defender, Georgetown, DE for defendant.
    Case Number: D68413

    Motion to suppress was properly denied where police would have inevitably discovered drugs through legitimate means, and criminal defendant was not entitled to acquittal.