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  • Grabowski v. J.J. White, Inc.

    Publication Date: 2018-12-12
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and Katherine L. Hemming, Gary S. Nitsche, P.A., Wilmington, DE for appellant.
    for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: D68384

    The Industrial Accident Board was justified in finding a course of opioid prescription treatment was not reasonable or necessary where it failed to resolve claimant's pain and instead resulted in drug dependency.

  • Desai v. State

    Publication Date: 2018-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Michael W. Modica, attorney for appellant
    for defendant: Jillian L. Schroeder, attorney for defendant.
    Case Number: D68376

    State trooper was qualified witness to admit breathalyzer calibration logbook under business records exception where trooper had personal knowledge of state chemist's practice of completing logbook right after conduct calibration test.

  • Ford v. Taylor

    Publication Date: 2018-11-28
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Stephen A. Hampton and Anthony V. Panicola, Grady and Hampton, LLC, Dover, DE for plaintiff
    for defendant: Theodore J. Segletes, III, Law Offices of Chrissinger & Baumberger, Wilmington, DE for defendant.
    Case Number: D68368

    Defendant's motion for summary judgment on plaintiffs' claim for punitive damages from a motor vehicle accident denied where circumstances leading to defendant's collision with plaintiffs' vehicle could allow a jury to find defendant acted with conscious indifference and willful disregard of plaintiffs' rights.

  • State of Delaware v. Gates

    Publication Date: 2018-11-28
    Practice Area: Administrative Law | Labor Law
    Industry: Recruitment and Staffing | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger of Schmittinger and Rodriquez, Dover, DE for claimant
    for defendant: John J. Klusman, Jr. of Tybout, Redfearn and Pell, Wilmington, DE for the state.
    Case Number: D68370

    An employee was acting within the scope of his employment when he responded to the employer's instruction to return to work, so he was entitled to recovery under the Worker's Compensation Act for injuries sustained in an automobile accident.

  • SARN Energy LLC v. Tatra Defence Vehicle A.S.

    Publication Date: 2018-11-21
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Consulting | Defense | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Oderah C. Nwaeze and Ryan E. Borneman of Duane Morris LLP, Wilmington, DE, attorneys for plaintiff.
    for defendant: Philip Trainer, Jr. and Hayley Lenahan of Ashby & Geddess, Wilmington, DE; Kenneth J. Pfaehler of Dentons US LLP, Washington, DC, attorneys for defendant.
    Case Number: D68363

    Defendant adequately alleged its breach of contract counterclaims, but it failed to state a viable claim for fraud and matters relating to alter ego liability had to be filed in another court.

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    Reinsurance Law: An Analytic Approach

    Authors: Steven C. Schwartz

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  • Franco v. Acme Markets, Inc.

    Publication Date: 2018-11-21
    Practice Area: Premises Liability
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and William Stewart, III of Gary S. Nitsche, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Michael J. Logullo of Rawle & Henderson, LLP, Wilmington, DE, attorney for defendant.
    Case Number: D68360

    Defendant's motion to dismiss denied where plaintiffs filed an amended complaint adding defendant as a party within 120 days of the expiration of the applicable statute of limitations and therefore could assert their claims against defendant under the relation back doctrine.

  • Patrone v. Commerce Assoc. LP

    Publication Date: 2018-11-14
    Practice Area: Discovery | Dispute Resolution | Personal Injury
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68355

    The court severed claims that were covered by an arbitration clause, but it denied a motion to dismiss on the remaining claims because discovery was necessary for the resolution of certain factual issues.

  • BRP Hold Ox, LLC v. Chilian

    Publication Date: 2018-11-14
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Scott T. Earle of Zarwin Baum DeVito Kaplan Schaer Toddy P.C., Wilmington, DE for plaintiffs
    for defendant: Christopher Viceconte of Gibbons P.C., Wilmington, DE formerly for defendant.
    Case Number: D68353

    A defendant failed to sufficiently allege counterclaims for tortious interference, malicious prosecution, abuse of process, or declaratory relief.

  • The GWO Litig. Trust v. Sprint Solutions, Inc.

    Publication Date: 2018-11-07
    Practice Area: Business Torts | Trade Secrets
    Industry: Retail | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Richard M. Beck, Sean M. Brennecke, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; John D. Byars, Joseph C. Smith, Jr., Bartlit Beck Herman Palenchar & Scott LLP, Chicago, IL, attorneys for plaintiff
    for defendant: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; David I. Swan, Brian A. Kahn, McGuire Woods LLP, Charlotte, NC, attorneys for defendant and third-party plaintiff.
    Case Number: D68347

    Plaintiff adequately stated claims for trade secret violations and interference with prospective business rela-tions, but its conversion and unfair competition claims were duplicative of the contract claims.

  • State of Delaware v. Byard

    Publication Date: 2018-11-07
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi, Erik C. Towne, Department of Justice, Wilmington, DE, attorneys for the state
    for defendant: Michael W. Modica, Wilmongton, DE, attorney for defendant.
    Case Number: D68349

    Where the state elicited testimony tending to show that defendant avoided cooperating with a police investiga-tion, he was entitled to a new trial.