• Bradford v. Beebe Med. Ctr.

    Publication Date: 2020-06-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Thomas Michael Bradford, Washington, DC, pro se plaintiff
    for defendant: Bradley J. Goewert and Catherine M. Cramer, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Beebe Medical Center. John D. Balaguer and Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants Haldar and Cathcart.

    Case Number: D69023

    Defendant hospital dismissed from medical malpractice action where complaint was filed outside statute of limitations and plaintiff's notice of investigation to extend limitations window failed to identify hospital as a potential defendant.

  • AssuredPartners of Virginia, LLC v. Sheehan

    Publication Date: 2020-06-17
    Practice Area: Contracts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Gregory P. Williams, Blake Rohrbacher, Matthew D. Perri, and Kevin M. Regan, Richards, Layton & Finger, P.A., Wilmington, DE; Joseph G. Santoro and Roger W. Feicht, Gunster, West Palm Beach, FL, for plaintiff.
    for defendant: Martin S. Lessner, Lauren Dunkle Fortunato, and Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for defendants.

    Case Number: D69014

    Breach of asset purchase agreement claims allowed to proceed where plaintiff alleged defendant sellers breached agreement by making unauthorized post-closing payments to certain defendants and by failing to disclose pre-closing liabilities.

  • State of Delaware v. Williamson

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David Hume, IV and John W. Donahue, IV, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Thomas A. Pedersen and Michael R. Abram for defendant.

    Case Number: D69020

    The court denied defendant's motion to dismiss the murder charges against him, and it granted the state's motion to involuntarily medicate defendant to restore his competency to stand trial.

  • State of Delaware v. Reed

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Caroline Brittingham and Nichole Gannett, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: N/A

    Case Number: D69019

    The court denied defendant's motions to withdraw his guilty plea and for post-conviction relief, because his sentence was just under the circumstances.

  • Athene Life & Annuity Co. v. Am. Gen. Life Ins. Co.

    Publication Date: 2020-06-03
    Practice Area: Insurance Law
    Industry: Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Martin S. Lessner, Richard J. Thomas, and M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; James P. Gillespie and Dustin Hillsley, Kirkland& Ellis LLP, New York, NY; Adam T. Humann, Kirkland & Ellis LLP, Washington, DC for plaintiff Athene. Brian C. Ralston, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiffs American Investors and Indianapolis Life.
    for defendant: Kenneth J. Nachbar and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendant American Life. Joel Friedlander and Christopher P. Quinn, Friedlander & Gorris, P.A, Wilmington, DE; John L. Jacobus, J. Walker Johnson, Catherine D. Cockerham, and William Carson, Steptoe & Johnson LLP, Washington, DC; Jeffrey B. Korn and Stuart R. Lombardi, Willkie Farr & Gallagher LLP, Washington, DC; Joseph G. Davis, Willkie Farr & Gallagher LLP, New York, NY for defendants ZC Resource Investment Trust and ZC Resource LLC.

    Case Number: D68999

    Breach of contract and tortious interference claims arising from alleged rights to surrender or reallocation value from corporate-owned life insurance policies were dismissed as unripe where the policyholder had made no effort to surrender or reallocate.

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    State Antitrust Law

    Authors: William T. Lifland

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  • Fowler v. Pratcher Krayer, LLC

    Publication Date: 2020-06-03
    Practice Area: Attorney Rates and Arrangements
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Stanford Fowler, pro se plaintiff.
    for defendant: Samuel D. Pratcher, III for defendant.

    Case Number: D69001

    Under the terms of a retainer agreement, a law firm was entitled to one-third of the entire settlement.

  • Guy v. City of Wilmington

    Publication Date: 2020-06-03
    Practice Area: Government
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Samuel L. Guy, The Law Office of Samuel L. Guy, Wilmington, DE for petitioner.
    for defendant: Daniel A. Griffith and Kaan Ekiner, Whiteford Taylor Preston LLC , Wilmington, DE for respondent.

    Case Number: D69003

    Although a dispute about the validity of city council votes constituted a justiciable controversy, a rule re-quiring a supermajority vote for certain amendments did not violate the city charter.

  • State of Delaware, Dep't of Transp. v. Pearson

    Publication Date: 2020-06-03
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Kevin R. Slattery, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Lance Green, O’Donoghue and O’Donoghue, LLP, New Castle, DE for employees.

    Case Number: D69004

    Two employees were entitled to differential pay when they worked additional night shifts at the request of the agency.

  • The Am. Bottling Co. v. Repole

    Publication Date: 2020-05-27
    Practice Area: Mergers and Acquisitions
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Garrett B. Moritz and Anne M. Steadman, Ross Aronstam& Moritz LLP, Wilmington, DE; Robert C. Walters, Russell H. Falconer, and Megan Z. Hulce, Gibson Dunn & Crutcher LLP, Dallas, TX for plaintiff.
    for defendant: A. Thompson Bayliss and Daniel J. McBride, Abrams & Bayliss LLP, Wilmington, DE; David H. Bernstein, Jyotin Hamid, Jared I. Kaga, and Matthew J. Patrozziello, Debevois& Plimpton LLP, New York, NY for defendants.

    Case Number: D68991

    Attorney-client privilege waived for communications disclosed to counterparty in merger transaction where the merger parties' shared interests were commercial rather than legal in nature.

  • Wilant v. BNSF Ry. Co.

    Publication Date: 2020-05-27
    Practice Area: Occupational Safety and Health
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: A. Dale Bowers, II, Law Office of A. Dale Bowers, Wilmington, DE; Shawn A. Ricci and Luke T. Pepper, Bern Cappelli, LLC, Conshohocken, PA for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White, LLC, Wilmington, DE; S. Camile Reifers, Boyle Brasher, LLC , Memphis, TN for defendant.

    Case Number: D68997

    The court granted a motion to exclude the testimony of plaintiff's causation expert.