• Flowshare, LLC v. GeoResults, Inc.

    Publication Date: 2018-08-08
    Practice Area: Contracts
    Industry: Consulting
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; John E. Petite and John C. Dranke, Greensfelder, Hemker and Gale P.C., St. Louis, MO, attorneys for plaintiffs
    for defendant: Jeffrey L. Moyer, Travis S. Hunter, Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE; Stephen P. Fuller, CKR LAW, LLP, Johns Creek, GA, attorneys for defendants.

    Case Number: D68239

    Fraud claim survived motion to dismiss where contractual integration clause missing explicit anti-reliance on representations provision failed to bar such claim arising from promises made during contract negotiations that induced party to execute agreement.

  • Wilgus v. Bayhealth Med. Ctr.

    Publication Date: 2018-08-08
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Daniel C. Herr for plaintiff
    for defendant: Samuel Moultrie and Johnine P. Barnes for defendant.

    Case Number: D68245

    Employee was not required to provide proof of an ongoing disability in this action against her former employer for failing to provide a reasonable accommodation.

  • Sadler v. Johnson

    Publication Date: 2018-08-01
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy A. Dillon for plaintiffs
    for defendant: Colin M. Shalk for defendant.

    Case Number: D68236

    Genuine issues of material fact regarding vicarious liability and negligence precluded an employer's motion for summary judgment in this vehicle accident case.

  • McCarthy v. Fifer

    Publication Date: 2018-08-01
    Practice Area: Contracts | Legal Malpractice
    Industry: Investments and Investment Advisory | Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68235

    The court denied motions for judgment on the pleadings with regard to two legal malpractice claims involving the improper titling of investment properties, because the complaint adequately alleged matters relating to standing and damages.

  • Doyle v. Matthew Smith, LLC

    Publication Date: 2018-07-25
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ella J. Doyle, pro se appellant
    for defendant: Daniel C. Mulveny and Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE, attorneys for defendants.

    Case Number: D68224

    Appeals referee erred in finding person ineligible for unemployment benefits for failure to appear for work search audits where individual presented evidence that she was short-term unemployed and therefore not obligated to appear for audits.

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  • Brookings v. Kirk

    Publication Date: 2018-07-18
    Practice Area: Damages
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: William L. O'Day, Woloshin, Lynch & Associates, P.A., attorney for plaintiffs
    for defendant: Julie M. Donoghue, Delaware Department of Justice, attorney for defendants.

    Case Number: D68216

    Complaint seeking damages for lottery's failure to honor winning tickets dismissed on summary judgment where computer malfunction caused same numbers to repeat for multiple consecutive drawings, thereby eliminating the legally required element of chance.

  • Stevenson v. Delaware Dept. of Natural Resources and Envtl. Control

    Publication Date: 2018-07-11
    Practice Area: Expert Witnesses | Public Utilities
    Industry: Energy
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Richard L. Abbott for plaintiffs
    for defendant: Ralph K. Durstein, III and Valerie S. Edge for defendants.

    Case Number: D68213

    Plaintiffs lacked standing to challenge amendments to Delaware law regarding utility pricing.

  • State of Delaware v. Williams

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Eric H. Zubrow for the state
    for defendant: Natalie S. Woloshin for defendant.

    Case Number: D68212

    Criminal defendant failed to meet his burden of showing that trial counsel's performance was objectively un-reasonable, or that that defendant was prejudiced by it.

  • Reybold Venture Group V-A, LLC v. New Castle County Office of Assessment

    Publication Date: 2018-07-11
    Practice Area: Administrative Law | Tax
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Michael J. Isaacs and Wali W. Rushdan, II for appellant
    for defendant: Adam Singer for appellees.

    Case Number: D68209

    A county assessment board abused its discretion and deprived a party of due process when it refused to grant a taxpayer's request for a continuance after the county presented new information at the hearing.

  • State of Delaware v. Taylor

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Elizabeth R. McFarlan and Maria T. Knoll for the state
    for defendant: Herbert Mondros for defendant.

    Case Number: D68211

    Criminal defendant's second motion for post-conviction relief was procedurally barred, and he was not entitled to the "actual innocence" exception due to lack of intent to commit a murder, where defendant failed to show he was factually innocent of the murder.