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  • Independence Realty Trust, Inc. v. USA Carrington Park 20, LLC

    Publication Date: 2022-03-22
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiffs Edward F. Brovelli, Jr., individually, and as trustee of The Brovelli Family Trust 2A and defendant USA Carrington Park 20, LLC.
    for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; John J. Sullivan, Cozen O’Connor, New York, NY, for defendants Independence Realty Operating Partnership, LP, Independence Realty Trust, Inc., Independence Realty Advisors, LLC, IRT Carrington Apartments Owner, LLC and plaintiffs Independent Realty Trust, Inc., and Independence Realty Operating Partnership, LP.
    Case Number: D69751

    The court held the trust had standing to sue defendants because defendant Carrington had transferred its right to sue to the trust, that Brovelli as an individual did not have standing to sue because he was not a party to any of the subject contracts, that defendants who were not parties to the subject contracts should be dismissed, and that whether damages were direct or consequential had issues of fact and were not appropriate for a motion to dismiss.

  • Wilson v. Gingerich Concrete & Masonry

    Publication Date: 2022-03-22
    Practice Area: Labor Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellant;
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
    Case Number: D69757

    Board correctly denied workers' compensation benefits for surgery performed by provider whose workers' compensation certification had lapsed at the time of the surgery and who had failed to obtain preauthorization for the treatment.

  • Pedicone v. Thompson/Center Arms Co., LLC

    Publication Date: 2022-03-08
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE; Michael A. Trunk, Thomas E. Bosworth, Kline & Specter, P.C., Philadelphia, PA for plaintiffs.
    for defendant: Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Anthony M. Piscotti, Danny C. Lallis, Pisciotti Lallis Edreich, Florham Park, NJ for defendants.
    Case Number: D69740

    Failure to read user/instruction manual for product precluded a user injured by the product from pursuing a failure to warn claim.

  • Commerce Assoc., LP v. Hanover Ins. Co.

    Publication Date: 2022-03-08
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Paul D. Sunshine, Reger Rizzo & Darnell, LLP, Wilmington, DE; James L.Griffith, Jr., Reger Rizzo & Darnell, LLP, Philadelphia, PA for plaintiff.
    for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
    Case Number: D69735

    The court held that plaintiff LP was an insured under the policy entered into by the condominium council because a director of the LP was a member of the council.

  • Fisher v. Emory Hill Real Estate Servs., Inc.

    Publication Date: 2022-03-08
    Practice Area: Personal Injury
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69739

    Sovereign immunity barred trip and fall claim against the state where it lacked insurance to cover the claim and therefore had not waived immunity.

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  • Clouser v. Marie

    Publication Date: 2022-03-01
    Practice Area: Contracts
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Jeffrey A. Clouser, Wilmington, DE, pro se plaintiff.
    for defendant: Judy M. Jones, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendant.
    Case Number: D69730

    The court held that the factual allegations in the amended complaint did not support plaintiff's contention that the parties entered into an enforceable oral contract, that the realtor misrepresented herself, or that she interfered with plaintiff's business.

  • IP Network Solutions, Inc. v. Nutanix, Inc.

    Publication Date: 2022-02-22
    Practice Area: Contractual Disputes
    Industry: E-Commerce
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Nicholas T. Verna, Womble Bond Dickinson LLP, Wilmington, DE for plaintiff.
    for defendant: Justin M Forcier, Brian M. Rostocki, Reed Smith LLP, Wilmington, DE for defendant.
    Case Number: D69719

    The court held that neither party demonstrated that its reading of the contested operable language of the relevant agreement represented the only reasonable construction as a matter of law.

  • Feenix Payment Sys. LLC v. Blum

    Publication Date: 2022-02-08
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Thomas A. Uebler, Kathleen A. Murphy, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE for plaintiffs.
    for defendant: John A. Sensing, Jesse L. Noa, Potter Anderson & Corroon, Wilmington, DE for defendant.
    Case Number: D69706

    The court held that the absolute litigation privilege barred tort defamation claims made by plaintiff but that the privilege did not bar plaintiffs' claims for violations of nondisparagement and confidentiality clauses when defendant was allegedly in-strumental in a letter being sent to plaintiffs' lenders that disclosed damaging information about plaintiffs.

  • Monzo v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2022-02-08
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Eric K. Monzo, Morris James LLP, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69708

    Motion to amend to add bad faith claim denied as futile where the parties had engaged in good faith litigation about the availability of coverage under the policy.

  • Imhof v. Delaware Bd. of Med. Licensure & Discipline

    Publication Date: 2022-02-08
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Bruce A. Rogers, Bruce A. Rogers, P.A., Georgetown, DE for appellant.
    for defendant: Kemba Lydia-Moore, Patricia A. Davis, Deputy Attorneys General, Department of Justice, Dover, DE for appellee.
    Case Number: D69707

    The court held that there was substantial evidence for the hearing officer who denied paramedic licensure to decide that appellant engaged in crimes related to the practice of medicine and that appellant engaged in deceitful conduct that tended to bring discredit to the profession.