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  • Accesslex Inst. v. Walmsley

    Publication Date: 2020-09-09
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Daniel C. Kerrick, Hogan McDaniel, Wilmington, DE for plaintiff.
    for defendant: Philippa J. Walmsley, Wilmington, DE, defendant pro se.
    Case Number: D69111

    Plaintiff entitled to judgment where defendant admitted to failing to make payments under defendant's loan agreements with plaintiff and had submitted a non-conforming answer to plaintiff's complaint.

  • Ferrellgas Partners L.P. v. Zurich Am. Ins. Co.

    Publication Date: 2020-09-02
    Practice Area: Insurance Law
    Industry: Insurance | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Brenton W. Vincent, Bryan Cave Leighton Paisner LLP, Chicago, IL; David J. Baldwin and Peter C. McGivney, Berger Harris, LLP, Wilmington, DE for plaintiffs.
    for defendant: Daniel McNeel Lane, Norton Rose Fulbright US LLP, San Antonio, TX; Samantha Miller, Norton Rose Fulbright US LLP, Washington DC; Thomas G. Macauley, Macauley, LLC, Wilmington, DE, attorneys for defendant.
    Case Number: D69104

    Prior declaratory judgment directing insurer to pay insured's defense costs in underlying litigation did not obligate insured to subsequently seek a money judgment, and instead insured could submit invoices for review of reasonableness.

  • Warren v. Amstead Indus., Inc.

    Publication Date: 2020-08-26
    Practice Area: Administrative Law
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Serba LLC, Wilmington, DE for claimant.
    for defendant: Linda L. Wilson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for employer.
    Case Number: D69101

    Decision by the Industrial Accident Board was supported by substantial evidence, so the court affirmed the board's decision that claimant had voluntarily retired, resulting in the termination of her benefits.

  • Infomedia Group, Inc. v. Orange Health Solutions, Inc.

    Publication Date: 2020-08-19
    Practice Area: Contracts
    Industry: Call Centers | Health Care | Software
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Daniel J. Brown and Hayley J. Reese, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel B. Rath, Rebecca L. Butcher, and Nicolas E. Jenner, Landis Rath& Cobb, LLP, Wilmington, DE; Alan S. Wachs, Smith, Gambrell & Russell, LLP, Jacksonville, FL; Donald H. Chase, Morrison Cohen LLP, New York, NY for defendants.
    Case Number: D69087

    Fraudulent misrepresentation claims failed due to anti-reliance provision in asset purchase agreement where sophisticated parties expressly limited representations and reliance to written notice of customer terminations.

  • Manuel v. Wescott

    Publication Date: 2020-08-19
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Karl Manuel, plaintiff pro se
    for defendant: Jennifer A. Sutton, Swartz Campbell LLC for defendant.
    Case Number: D69088

    Plaintiff's failure to produce expert opinion on causation required summary judgment dismissal of his negligence claim.

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  • Oyola v. 21st Century Centennial Ins. Co.

    Publication Date: 2020-08-12
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Katherine Hemming and William R. Stewart, III, Weik, Nitsche & Dougherty, LLC, Wilmington, DE for plaintiff.
    for defendant: Tracy A. Burleigh, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendant.
    Case Number: D69082

    Plaintiff did not comply with a condition precedent under his insurance policy, so he was unable to establish that defendant insurer breached the parties' agreement.

  • Mendez-Garcia v. State of Delaware

    Publication Date: 2020-08-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Isaac A. Rank, deputy attorney general for appellee.
    for defendant: Thomas A. Foley for appellant.
    Case Number: D69081

    The totality of the circumstances indicated that a police officer had probable cause to require a person to undergo an intoxilyzer test.

  • State of Delaware v. Harris

    Publication Date: 2020-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: N/A
    for defendant: Patrick Collins and Kimberly A. Price, Collins & Associates, Wilmington, DE, post-conviction counsel for defendant.
    Case Number: D69083

    A criminal defendant's petition for post-conviction relief did not raise any meritorious issues.

  • Fir Tree Value Master Fund, LP v. Jarden Corp.

    Publication Date: 2020-08-05
    Practice Area: Mergers and Acquisitions
    Industry: Consumer Products | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Seitz
    Attorneys: For plaintiff: Michael J. Barry, Kimberly A. Evans, Kelly L. Tucker, and Vivek Upadhya, Grant & Eisenhofer P.A., Wilmington, DE for appellants.
    for defendant: Srinivas M. Raju, Brock E. Czeschin, Robert L. Burns, Sarah A. Clark, and Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Michael J. McConnell, Ashley F. Heintz,, and Robert A. Watts, Jones Day, Atlanta, GA for appellee.
    Case Number: D69055

    Court could use unaffected stock price as fair value where court found other valuation methods unreliable, found issues with sale process, and found capture of synergies in merger.

  • Smyre v. State of Delaware

    Publication Date: 2020-08-05
    Practice Area: Administrative Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Heather A. Long, Kimmel Carter Roman Peltz & O’Neill, P.A., Newark, DE for claimant.
    for defendant: Benjamin K. Durstein, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for employer.
    Case Number: D69060

    Claimant's motion for clarification did not relate to a substantive portion of an agency's ruling, so it did not toll the time for filing an appeal.