• Strobert Tree Servs., Inc v. Kenneth Lilly Fasteners, Inc.

    Publication Date: 2018-10-31
    Practice Area: Contracts | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: George T, Lees, III, Logan & Petrone, LLC, New Castle, DE, attorney for plaintiff
    for defendant: David Baumberger, Chrissinger & Baumberger, Wilmington, DE, attorney for defendant.

    Case Number: D68335

    Plaintiff's expert's opinion that defendant's product was defective was stricken where the expert failed to conduct testing on defendant's actual product.

  • Talley-Siders v. Mayhorn

    Publication Date: 2018-10-31
    Practice Area: Deals and Transactions | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Donald L. Gouge, Jr. for plaintiffs.
    for defendant: N/A

    Case Number: D68340

    The trial court's decision in favor of sellers was supported by substantial evidence, and buyer failed to establish the elements of fraud.

  • Patel v. Sunvest Realty Corp.

    Publication Date: 2018-10-31
    Practice Area: Business Torts | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, attorney for plaintiffs
    for defendant: Eric J. Monzo and Brenna A. Dolphin, Morris James, LLP, Wilmington, DE; Raymond W. Cobb, O'Hagan Meyer, LLC, Wilmington, DE, attorneys for defendants.

    Case Number: D68336

    Vicarious liability claims against real estate brokerage for individual broker's fraud could be maintained where the broker worked from the brokerage's office and used that position and the brokerage's name and reputation to perpetuate the alleged fraud.

  • Giles & Ransome v. Kalix

    Publication Date: 2018-10-31
    Practice Area: Labor Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: H. Garrett Baker, Elzufon Austin & Mondell, P.A., Wilmington, DE, attorney for appellant
    for defendant: Donald E. Marston and James R. Donovan, Doroshow Pasquale Krawitz & Bhaya, Bear, DE, attorneys for appellee.

    Case Number: D68334

    Industrial Accident Board's decision ordering employer to reimburse injured employee for full cost of medical marijuana supported by credible evidence where board credited employee's testimony that high initial consumption was due to experimentation to find correct dosage and active ingredients.

  • Foreman v. Two Farms, Inc.

    Publication Date: 2018-10-24
    Practice Area: Premises Liability
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Michael P. Minuit and Timothy A. Dillon, McCann & Wall, LLC, Wilmington, DE, attorneys for plaintiff
    for defendant: Michael J. Logullo, Rawle & Henderson, LLP, Wilmington, DE, and Jeffrey L. Oster, Rawle & Hender-son, LLP, Philadelphia, PA, attorneys for defendants.

    Case Number: D68330

    In this premises liability case, plaintiff was entitled to an adverse inference instruction where defendants failed to preserve the only copy of a surveillance video.

  • Law Journal Press | Digital Book

    New Jersey Real Estate Brokerage Law 2024

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  • Delaware State Sportsmen's Ass'n v. Garvin

    Publication Date: 2018-10-24
    Practice Area: Constitutional Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Francis G. X. Pileggi, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Jamie L. Inferrera, Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, PA, attorneys for plaintiffs
    for defendant: Ralph K. Durstein, III and Devera B. Scott, Deputy Attorneys General, Delaware Department of Justice, Dover, DE, attorneys for defendants.

    Case Number: D68328

    Regulations on firearm possession in state parks were partially unconstitutional where they infringed upon right to open carry for self-defense and gave law enforcement unfettered discretion to require identification and permits without reasonable suspicion of criminal activity.

  • Bank of New York Mellon v. Shrewsbury

    Publication Date: 2018-10-24
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Melanie J. Thompson, Orlans PC, Wilmington, DE, attorney for plaintiff
    for defendant: Cynthia L. Carroll, Cynthia L. Carroll, P.A., Newark, DE, attorney for defendant.

    Case Number: D68326

    Mortgagor's motion for summary judgment denied where debtor raised genuine issues of material fact as to the authenticity of the note in mortgagor's possession, without which mortgagor would lack standing to enforce.

  • State of Delaware v. McElderry

    Publication Date: 2018-10-24
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Rebecca Song, Deputy Attorney General, Department of Justice, Wilmington, DE, for the state
    for defendant: James O. Turner, Jr., Assistant Public Defender, Office of Defense Services, Wilmington, DE, for de-fendant.

    Case Number: D68333

    Police officers had a sufficiently reasonable suspicion of criminal activity, which justified the seizure of evi-dence.

  • Page v. Fucci

    Publication Date: 2018-10-17
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Adam R. Elgart for plaintiffs
    for defendant: Thomas J. Marcoz for defendants.

    Case Number: D68323

    Plaintiff in this medical malpractice case was entitled to the discovery of notes written by two doctors and their practice manager prior to the filing of this case and before any of the parties were represented by counsel.

  • State of Delaware v. Love

    Publication Date: 2018-10-17
    Practice Area: Criminal Law | Social Media
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68325

    An administrative search was supported by a reasonable suspicion on the part of law enforcement, and de-fendant voluntarily chose to make a post-arrest statement.