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Publication Date: 2020-11-18
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff:
for defendant:
Case Number: D69197
In the interest of justice, the court concluded that defendant was entitled to the appointment of counsel to assist her in connection with her motion for postconviction relief.
Publication Date: 2020-11-18
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: James P. Hall, Phillips Goldman McLaughlin & Hall P.A., Wilmington, DE for plaintiff.
for defendant: Gregory S. McKee, Katherine J. Sullivan, Wharton Levin Ehrmantrout & Klein, P.A., Wilmington, DE for de-fendants.
Case Number: D69194
Plaintiff's settlement agreement in a separate personal injury proceeding against another entity did not preclude her malpractice claims against defendants.
Publication Date: 2020-11-18
Practice Area: Occupational Safety and Health
Industry: Transportation
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: A. Dale Bowers, Law Office of A. Dale Bowers P.A., Wilmington, DE for plaintiff.
for defendant: Maria R. Granuado Gesty, Burns White LLC, Wilmington, DE for defendant.
Case Number: D69195
Factual issues regarding the parties' intent with respect to the scope of a release agreement precluded summary judgment.
Publication Date: 2020-11-04
Practice Area: Contractual Disputes
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Thomas E. Hanson, Jr., Barnes & Thornburg LLP, Wilmington, DE for plaintiff.
for defendant: Victoria K. Petrone, Brian V. DeMott, Baird Mandalas Brockstedt LLC, Wilmington, DE for defendant.
Case Number: D69178
A complaint and its accompanying documents together enabled the calculation of a sum certain for damag-es, so plaintiff was entitled to a default judgment in that amount.
Publication Date: 2020-11-04
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Amanda Nyman, Delaware Dep’t of Justice, Georgetown, DE for the state.
for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.
Case Number: D69181
The court denied defendant's motion for post-conviction relief because he failed to establish ineffective assistance of his trial counsel.
Law Journal Press | Digital Book
Authors: Hon. William A. Dreier, Robert E. Bartkus
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Publication Date: 2020-10-28
Practice Area: Landlord Tenant Law
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson, LLP, Wilmington, DE for plaintiff.
for defendant: Elizabeth Sloan, Brittany M. Giusani, Ballard Spahr, Wilmington, DE; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
Case Number: D69172
A genuine issue of material fact existed as to whether property damage resulted from tenant's failure to make repairs or because of landlord's failure to replace a mechanical system.
Publication Date: 2020-10-28
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Mark A. Denney, Jr., John S. Taylor, Dep’t of Justice, Wilmington, DE for the state.
for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.
Case Number: D69170
Defendant's trial counsel was not ineffective in failing to request a jury instruction for a lesser-included offense.
Publication Date: 2020-10-21
Practice Area: Occupational Safety and Health
Industry: Chemicals and Materials
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Ipek Kurul, Bartholomew J. Dalton, Andrew C. Dalton, Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Adam Balick, Michael Collins Smith, Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE for plaintiffs.
for defendant: Beth E. Valocch, Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE for defendant.
Case Number: D69161
The court granted summary judgment in favor of the supplier of raw asbestos, because it did not have a duty to warn end users of the dangers of asbestos-containing products manufactured by other companies.
Publication Date: 2020-10-21
Practice Area: Litigation
Industry: Construction | Legal Services | State and Local Government
Court: Delaware Superior Court
Judge: Judge Streett
Attorneys: For plaintiff: Paul A. Logan for plaintiff.
for defendant: Max B. Walton for defendant.
Case Number: D69160
Reargument on motion to dismiss declaratory judgment suit denied where plaintiff asserted no new facts or law to change the court's determination that the parties' settlement agreement did not obligate defendant to cooperate in plaintiff's separate action against defendant's counsel.
Publication Date: 2020-10-14
Practice Area: Insurance Law
Industry: Insurance | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: David J. Soldo, Patricia A. Winston, Morris James LLP, Wilmington, DE for plaintiff.
for defendant: Carmella P. Keener, Cooch and Taylor, P.A., Wilmington, DE; Kim W. West, Alec H. Boyd, Clyde & Co. U.S. LLP, San Francisco, CA for defendant.
Case Number: D69153
Insurer was obligated to advance costs pertaining to insured's defense to counterclaims in an arbitration proceeding, because those counterclaims were within the scope of the policy.
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