• Gone GB Ltd. v. Intel Servs. Div., LLC

    Publication Date: 2022-12-20
    Practice Area: Contracts
    Industry: E-Commerce | Software
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Wilks, Wilks Law, LLC, Wilmington, DE; David Leichtman, Leichtman Law PLLC, New York, NY for plaintiff.
    for defendant: Matthew E. Fischer, Jonathan A. Choa, Jacqueline A. Rogers, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Vanessa Soriano Power, Stoel Rives LLP, Seattle, WA; Samantha K. Sondag, Stoel Rives LLP, Portland, OR for defendants.

    Case Number: N21C-05-198 EMD CCLD

    Quasi-contractual claims failed where there was no evidence that plaintiffs performed any services or conferred any benefit on defendants beyond those expressly identified in the parties' written contract.

  • Harper v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2022-12-20
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Justice Primos
    Attorneys: For plaintiff: Nicholas H. Rodriguez, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiffs.
    for defendant: Krista E. Shevlin, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for defendant.

    Case Number: K22C-07-005 NEP

    Uninsured motorist coverage did not apply in an accident caused by a horse-drawn buggy, since it was not a "motor vehicle" as it was not self-propelled by an internal combustion engine.

  • Garcia-Rivera v. Gottcschall

    Publication Date: 2022-12-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Benjamin Schwartz, Schwartz & Schwartz, Dover, DE for plaintiff.
    for defendant: Kenneth Doss, Casarino, Christman, Shalk, Ransom & Doss, Wilmington, DE for defendant.

    Case Number: N18C-09-142 SKR

    Additur appropriate where jury verdict on retrial indicated that it did not find liability or causation even though such issues had been resolved in a prior judgment as a matter of law, so that the jury's zero-verdict could be brought up to a minimum reasonable amount of damages.

  • Fretz v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-12-20
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Fretz, pro se appellant
    for defendant: Dover, DE. Michael G. Rushe, Hudson, Jones, Jaywork & Fisher, LLC, Dover, DE; Victoria E. Groff, Department of Justice, Wilmington, DE for appellees.

    Case Number: K22A-05-003 NEP

    The court remanded a decision of the Unemployment Insurance Appeal Board denying appellant's unemployment benefits on the basis that he voluntarily left his position and therefore did not qualify for benefits under 19 Del. C. §3314(1).

  • Bako Pathology LP v. Bakotic

    Publication Date: 2022-12-13
    Practice Area: Contractual Disputes
    Industry: Biotechnology
    Court: Delaware Superior Court
    Judge: Judge Valihura
    Attorneys: For plaintiff: Mary F. Dugan, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Robert W. Capobianco, Adriana R. Midence, Kelli N. Church, Jackson Lewis P.C., Atlanta, GA for appellants.
    for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE; Salmeh K. Fodor, Kristoffer V. Sargent, KF Law, LLC, Atlanta, GA for appellees.

    Case Number: 382, 2021

    The court affirmed in part and reversed in part a cross-appeal arising out of a corporate litigation claim.

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    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Grottenthaler v. SVN Med, LLC

    Publication Date: 2022-12-13
    Practice Area: Employment Litigation
    Industry: Biotechnology | Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael W. McDermott, David B. Anthony, Berger Harris LLP, Wilmington, DE; Bryan J. Wick, Jack Lilley, Wick Phillips Gould & Martin, LLP, Dallas TX for plaintiff.
    for defendant: Blake Rohrbacher, Samuel J. Gray, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Messerli, The Messerli Law Firm, Trophy Club, TX for defendant.

    Case Number: N21C-12-131 CEB

    Suit for wages and severance pay was not dismissed where employer identified no condition precedent to terminated employee's right to receive wages, and where there were outstanding issues of material fact concerning whether employer had materially breached the parties' contract, entitling employee to receive separation pay.

  • State v. Galindez

    Publication Date: 2022-12-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1712008053

    Motion for postconviction relief failed where defendant could not show that newly discovered eyewitness with testimony supporting a claim of self-defense would have altered the outcome of the trial as such testimony did not establish defendant's actual innocence, particularly where the testimony could not explain why defendant continued to use force and robbed the victim.

  • Tolliver v. Qlarant Quality Solutions, Inc.

    Publication Date: 2022-12-06
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
    for defendant: Tiffany R. Hubbard, Pamela Moore, McCarter & English, LLP, Hartford, CT; Chelsea A. Botsch, McCarter & English, LLP, Wilmington, Delaware for defendants.

    Case Number: K21C-06-040 NEP

    The court found for defendant corporation in an employment litigation sounding in discrimination and defamation claims.

  • Freeman v. Carter

    Publication Date: 2022-11-29
    Practice Area: Legal Malpractice
    Industry: Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Melissa Freeman, D. Robert Freeman, appellants pro se.
    for defendant: Jeffrey M. Weiner, The Law Offices of Jeffrey M. Weiner, P.A., Wilmington, DE; Donald L. Gouge, Jr., Wilmington, DE, attorneys for appellees.

    Case Number: N21C-09-081 EMD

    Contract and indemnification claims against real estate attorney failed where there was no evidence indicating the existence of a contractual or attorney-client relationship between the attorney and sellers, as the attorney expressly advised sellers that she was representing the buyers.

  • Revolution Rentals DE, LLC v. Pomerleau

    Publication Date: 2022-11-22
    Practice Area: Civil Procedure
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Catherine Di Lorenzo, Stern & Eisenberg Mid-Atlantic, PC, Newark, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendants.

    Case Number: K21C-08-007 NEP

    Failure to timely effect a transfer of an action from justice of the peace court to superior court required dismissal of the case with prejudice pursuant to the terms of the justice of the peace court's order.