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  • CVR Refining, LP v. XL Specialty Ins. Co.

    Publication Date: 2021-12-07
    Practice Area: Insurance Law
    Industry: Energy | Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Robin L. Cohen, Alexander M. Sugzda, Cohen Ziffer Frenchman & McKenna, New York, NY; Herbert Beigel, Law Offices of Herbert Beigel, Tucson, AZ for plaintiffs.
    for defendant: Robert J. Katzenstein, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Leland H. Jones, Chiara Tondi Resta, Wiley Rein LLP, Washington, DC; John C. Phillips, Jr., David Bilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Michael P. Duffy, Scarlett M. Rajbanshi, Boston, MA; Erica J. Kerstein, Robinson & Cole LLP, New York, NY; Geoffrey W. Heineman, Esquire, Ropers Majeski, P.C. for defendants.
    Case Number: D69632

    Plaintiffs were entitled to advancement of defense costs in underlying securities class action where claims in the underlying action did not implicate either of the provisions listed in a policy endorsement that limited coverage for defense costs.

  • Delaware River & Bay Auth. v. Minor

    Publication Date: 2021-12-07
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Adria B. Martinelli, Lauren E.M. Russell, Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP for appellant.
    for defendant: Frank Minor, pro se appellee.
    Case Number: D69633

    The court held that the decision by Unemployment Insurance Appeal Board finding that the position held by appellee was not designated as a major policymaking position was supported by substantial evidence.

  • Zilberstein v. Frankenstein

    Publication Date: 2021-11-30
    Practice Area: Civil Procedure
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Antranig N. Garibian, Garibian Law Offices PC, Wilmington, DE for plaintiff.
    for defendant: Matthew P. Denn, Peter H. Kyle, DLA Piper LLP, Wilmington, DE for defendant.
    Case Number: D69625

    The court found that the application of the CryoMaid factors weighed in favor of staying the case pending in Delaware in favor of the Israeli litigation based on the doctrine of forum non conveniens.

  • APX Operating Co., LLC v. HDI Global Ins. Co.

    Publication Date: 2021-11-30
    Practice Area: Insurance Law
    Industry: Entertainment and Leisure | Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Brian M. Rostocki, Benjamin P. Chapple, Justin Forcier, John Ellison, Miranda Jannuzzi, Reed Smith LLP, Wilmington, DE for plaintiff.
    for defendant: John D. Balaguer, White and Williams LLP, Wilmington, DE; Kristin C. Cummins, Zelle LLP, Dallas, TX; Kristin A. Heres, Zelle LLP, Framingham, MA for defendant.
    Case Number: D69623

    The court found that the pollution and contamination exclusion in the subject property insurance policy barred plaintiff's claim for economic losses incurred from mandated shutdowns of its family entertainment centers caused by the COVID-19 pandemic.

  • State v. Brown

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Colleen Durkin, Deputy Attorney General, Department of Justice, Wilmington, DE for State.
    for defendant: Meghan E. Crist, Assistant Public Defender, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69615

    The court held that factors such as defendant's maturity and lack of prior criminal record supported a finding that defendant can rehabilitate, making a transfer of defendant's criminal charges to Family Court under 10 Del. C. § 1011 appropriate.

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  • State v. Washington

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Carolyn S. Hake, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for the DE.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D69617

    The court found defendant's claims to support a new trial were barred as untimely under Rule 61(i)(1), as a successive motion under Rule 61(i)(2), and, in part, by procedural default under Rule 61(i)(3) because the evidence failed to satisfy the new evidence of actual innocence standard of Rule 61.

  • State v. Thomas

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Office of the Attorney General, Wilmington, DE, for the State.
    for defendant: Christopher Koyste, Bellefonte, DE for defendant.
    Case Number: D69616

    The court held that defendant was not entitled to post-conviction relief under Superior Court Criminal Rule 61 where certain perjured testimony by a supposed eyewitness did not prejudice defendant's conviction, where there was no prej-udicial prosecutorial misconduct and where the issue of a Brady violation was moot.

  • Lennox Indus., Inc. v. Alliance Compressors LLC

    Publication Date: 2021-11-09
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Legrow
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Alexandra M. Ewing, Richards, Layton, & Finger, P.A., Wilmington, DE; Eric B. Halper, N. Cyris Bayar, McKool Smith P.C., New York, NY for plaintiffs.
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, Morris, Nichols, Arsht, & Tunnell LLP, Wilmington, DE; James F. Bennett, John D. Comerford, Down Bennett LLP, St. Louis, MO for defendant.
    Case Number: D69602

    The court held that the terms of the agreement between the parties was unambiguous such that plaintiff could not impose a new interpretation.

  • Harris v. Citigroup Global Mark

    Publication Date: 2021-11-09
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Donald E. Marston, Doroshow, Pasquale, Krawitz & Bhaya, Newark, DE for appellant.
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, Wilmington, DE for appellee.
    Case Number: D69601

    The Industrial Accident Board's denial of claimant's request for continuance was not unreasonable or capricious where claimant's need for time to find a new medical expert did not constitute good cause.

  • Hammer v. Howard

    Publication Date: 2021-11-09
    Practice Area: Contracts
    Industry: Advertising | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Nancy Hammer, pro se appellant.
    for defendant: R. Eric Hacker, Morris James LLP, Wilmington, DE for appellees.
    Case Number: D69600

    The court held that plaintiff was barred from suing defendant, her former employer, a second time for unpaid sales commissions because res judicata applied where the parties in the first and second suit were in privity with each other and the cause of action in each suit arose out of the same transaction, i.e., payment of post-termination commissions according to the contractual agreements.