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  • 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.

  • First State Orthopaedics v. Employers Ins. Co. of Wausau

    Publication Date: 2020-05-27
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John S. Spandaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; D. Andrew Hatchett, Tiffany Powers and Robert Poole, Alston & Bird, Atlanta, GA for defendants.
    Case Number: D68994

    Defendants' voluntary cessation of a business practice did not cause the parties' controversy to become moot, because defendants left open the possibility of returning to that practice in the future.

  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2020-05-27
    Practice Area: Business Torts
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68993

    Factual issues remained regarding the statute of limitations, so the court denied that aspect of defendant's motion for summary judgment.

  • GXP Capital, LLC v. Argonaut Mfg. Serv., Inc.

    Publication Date: 2020-05-20
    Practice Area: Contractual Disputes
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE; Benjamin M. Carson, Law Offices of Benjamin M. Carson, La Jolla, CA for plaintiff.
    for defendant: John L. Reed, Harrison S. Carpenter, of DLA Piper LLP (US), Wilmington, DE; Brian A. Foster, Noah A. Katsell and Julie Gryce, DLA Piper LLP (US), San Diego, CA for defendants.
    Case Number: D68985

    Defendants were entitled to relief based on forum non conveniens, but instead of dismissal, the court imposed a stay.

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  • Dufresne v. Camden-Wyoming Fire Co. Inc.

    Publication Date: 2020-05-20
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Gregory A. Morris, Ligouri & Morris for plaintiff.
    for defendant: Jonathan L. Parshall, Murphy & Landon for defendants.
    Case Number: D68983

    Volunteer fire company and its board members were immune from defamation liability under state law pursuant to tort claim act immunity, and under §1983 because the company and the board members did not qualify as state actors for §1983 liability since firefighting was not an exclusive state function and there was no entwinement between the company and the state.

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

    Publication Date: 2020-05-20
    Practice Area: Regulation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Benjamin A. Schwartz and Gwendolyn Osborn-Gustavson, Schwartz & Schwartz, Attorneys at Law, P.A., Dover, DE for appellant.
    for defendant: Patricia A. Davis, Delaware Deputy State Solicitor, Dover, DE for appellee.
    Case Number: D68984

    Medical board did not err in revoking doctor's license where it expressly declined to rely on improper factual findings by hearing officer and where sufficient evidence existed to support finding that doctor engaged in inappropriate sexual relationship with a patient in exchange for opioid prescriptions.

  • Setya v. Petitto

    Publication Date: 2020-05-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Matthew R. Hindley, Reger, Rizzo & Darnall, LLP, Wilmington, DE for defendant.
    Case Number: D68988

    The court denied motions to exclude reference to plaintiff's gross earnings and to prevent plaintiff's experts from testifying, but limited the scope of the experts' testimony.

  • Nokia Solutions & Networks Oy v. Collision Commc'ns, Inc.

    Publication Date: 2020-05-13
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: James J. Freebery, Daniel J. Brown, Hayley J. Reese, McCarter & English, LLP, Wilmington, DE; David Himelfardm McCarter & English, LLP, Boston, MA for plaintiff.
    for defendant: Douglas D. Herrmann and James H.S. Levine, Pepper Hamilton LLP, Wilmington, DE; Tyler E. Chapman of Todd & Weld, LLP, Boston, MA for defendant.
    Case Number: D68980

    The court granted defendant's motion for a stay, because this case was contemporaneously filed with another proceeding, and the parties were more naturally aligned in the other proceeding.

  • Anderson v. GI Assocs. of Delaware, P.A.

    Publication Date: 2020-05-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert and Lorenza A. Wolhar, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D68975

    Act of negligent treatment and resulting injury occurring on two separate dates meant that medical malpractice case involved continuum of treatment, requiring that the statute of limitations be measured from the last act in the continuum of treatment.