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  • Fowler v. State

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
    for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.
    Case Number: D68279

    Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.

  • Norman v. All About Women, P.A.

    Publication Date: 2018-09-05
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: William Fletcher and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE, for plaintiff
    for defendant: Lauren C. McConnell and Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE, for defendants.
    Case Number: D68277

    In this medical negligence matter, plaintiff's expert witness provided admissible testimony regarding the standard of care even without relying on medical literature or peer-reviewed publications.

  • Bradley v. State

    Publication Date: 2018-09-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Nicole M. Walker, Office of the Public Defender, Wilmington, DE, attorney for appellant
    for defendant: Carolyn S. Hake, Department of Justice, Wilmington, DE, attorney for appellee.
    Case Number: D68270

    Conviction for first-degree assault for intentionally causing serious physical injury affirmed where injury involved bite that left permanent scar and required prophylactic pharmaceutical treatment that caused serious side effects.

  • Thompson v. State of Delaware

    Publication Date: 2018-08-08
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Abby Adams for the state
    for defendant: Tasha M. Stevens for defendant.
    Case Number: D68244

    No violations of a criminal defendant's constitutional rights occurred in connection with his probation viola-tion hearing.

  • Morrison v. Berry

    Publication Date: 2018-07-25
    Practice Area: Corporate Governance
    Industry: Food and Beverage | Investments and Investment Advisory | Retail
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher P. Quinn, Randall J. Baron and Christopher H. Lyons for plaintiff
    for defendant: John L. Reed, Ethan H. Townsend, Harrison S. Carpenter and David Clarke, Jr. for Berry defendants; Rudolf Koch, Matthew D. Perri, Ryan P. Durkin, Adam L. Sisitsky, Lavinia M. Weizel, Robert I Bodian and Scott A. Rader for remaining defendants.
    Case Number: D68226

    The board provided misleading information to stockholders prior to a vote, so the business judgment rule did not apply.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Sherman v. State of Delaware Dept. of Public Safety

    Publication Date: 2018-07-11
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Edmund Daniel Lyons, Jr. for plaintiff
    for defendant: Lynn Kelly and Michael F. McTaggart for the state.
    Case Number: D68210

    As a matter of law, if a police officer made a valid arrest and then used that leverage to engage in sexual activ-ity with an arrestee, the officer's conduct did not need to fall within the scope of his employment to trigger em-ployer liability.

  • Ramsey v. Georgia S. Univ. Advanced Dev. Ctr.

    Publication Date: 2018-07-11
    Practice Area: Personal Injury | Toxic Torts
    Industry: Education | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE, attorney for appellant
    for defendant: Eileen M. Ford and Megan T. Mantzavinos, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE; Robert S. Goldman and Lisa C. McLaughlin, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Sarah P. Kelly, Nutter, McClennen & Fish, LLP, Boston, MA, attorneys for appellees.
    Case Number: D68208

    Asbestos manufacturers obligated to provide safe handling warnings and instructions to employers who purchased asbestos products, such that employers could pass those warnings and instructions onto their employees, and could have liability for failure to provide such warnings and instructions.

  • Grimes v. State

    Publication Date: 2018-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Russell Grimes, pro se appellant
    for defendant: Smyrna, DE; John Williams, Delaware Department of Justice, Dover, DE, attorney for appellee.
    Case Number: D68192

    Acquittal on lesser-included offense did not preclude retrial on greater offenses contained within the same indictment after initial conviction on those greater offenses was vacated on direct appeal.

  • Everett v. State of Delaware

    Publication Date: 2018-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Martin B. O'Connor for the state.
    for defendant: Nicole M. Walker for defendant
    Case Number: D68177

    A criminal defendant did not have a legitimate expectation of privacy with regard to his social media account where he permitted others to have access to material he posted on that account, so the search warrant based on such information did not violate defendant's constitutional rights.

  • Aranda v. Philip Morris USA Inc.

    Publication Date: 2018-04-04
    Practice Area: Civil Procedure | Personal Injury
    Industry: Agriculture
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Ian Connor Bifferato, Richard S. Gebelein, and Thomas F. Driscoll, The Bifferato Firm, Wilmington, DE; Charles S. Siegel, Waters & Kraus, LLP, Dallas, TX; Stephen J. Phillips, Phillips & Paolicelli, New York, NY; the Thorton Law Firm, Boston, MA, attorneys for appellants
    for defendant: P. Clarkson Collins, Jr. and David J. Soldo, Morris James LLP, Wilmington, DE; Patrick W. Dennis and Perlette Michele Jura, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Miguel A. Estrada and Amir C. Tayrani, Gibson, Dunn & Crutcher LLP, Washington, DC; Donald E. Reid, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Matthew S. Hellman, Jenner & Block LLP, Washington, DC; Elizabeth A. Coleman and Casey T. Grabenstein, Jenner & Block LLP, Chicago, IL, attorneys for appellees.
    Case Number: D68094

    Availability of alternative forum not a condition of dismissal on forum non conveniens grounds, as analysis focused solely on defendants hardship in litigating in Delaware.