• State of Delaware v. Mareno

    Publication Date: 2020-02-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Christian D. Wright, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Law Office of Christopher S. Koyste, LLC, Wilmington, DE for defendant.

    Case Number: D68876

    A criminal defendant was not entitled to relief for ineffective assistance of counsel because he had accepted a plea agreement and the sentence was within the range contemplated by the agreement.

  • Delaware Dep't of Natural Res. & Envt'l Control v. Delaware Solid Waste Auth.

    Publication Date: 2020-02-12
    Practice Area: Administrative Law | Environmental Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Kassab, Deputy Attorney General, Department of Justice for appellant.
    for defendant: Michael W. Teichman, Elio Battista, and Kyle F. Dunkle, Parkowski Guerke & Swayze, P.A.; Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner PA for appellees.

    Case Number: D68871

    Environmental Appeals Board erred in overturning Department of Natural Resources and Environmental Control secretary's violation and penalty assessments for permitting violations by imposing a mens rea requirement when conditions were subject to strict liability

  • 1313 Owner LLC v. New Castle County Office of Fin., Assessment Div.

    Publication Date: 2020-02-12
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Thomas P. McGonigle and Sawyer M. Traver for appellant.
    for defendant: Adam Singer and Nicholas J. Brannick for appellees.

    Case Number: D68870

    Property tax board erred in failing to consider subject commercial property's high vacancy rate and the effect it had on the property's valuation.

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

    Publication Date: 2020-02-05
    Practice Area: Insurance Law
    Industry: Energy | Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Brenton W. Vincent, Steven G. Trubac, and Bryan Cave Leighton, Paisner LLP, Chicago, IL; David J. Baldwin, Carla M. Jones, and Tracey E. Timlin, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiffs.
    for defendant: Louis A. Bove, Bodell Bove, LLC, Philadelphia, PA; Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE for defendant Zurich American Insurance Co. Neel Lane, Norton Rose Fulbright US LLP, San Antonio, TX; Samantha Miller, Norton Rose Fulbright US LLP, Washington, DC; Thomas G. Macauley, Wilmington, DE for defendant Beazley Insurance Co.

    Case Number: D68864

    Run-off exclusion in insurance policy released insurer from duty to advance defense costs for litigation arising from wrongful acts and interrelated transactions that fell within the scope of the exclusion.

  • Quarum v. Mitchell Int'l, Inc.

    Publication Date: 2020-02-05
    Practice Area: Deals and Transactions
    Industry: Insurance | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: David P. Primack and David W. Giattino, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Noah Jarrett of Schwabe, Williamson & Wyatt PC, Portland, OR for plaintiff.
    for defendant: John P. DiTomo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael A. Duffy and Michael C. McCutcheon, Baker & McKenzie LLP, Chicago, IL for defendant.

    Case Number: D68869

    A complaint contained sufficient allegations to support some of the breach of contract claims, and the election of remedies doctrine did not preclude relief.

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  • Doe v. Bicking

    Publication Date: 2020-02-05
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Retail
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs. Christian J. Singlewald, White and Williams LLP, Wilmington, DE for defendants Riley Cote and High Performance Hockey Skate & Skill.
    for defendant: Nancy Chrissinger Cobb, Law Offices of Chrissinger & Baumberger, Wilmington, DE for defendant The Pro Shop at The Pond.

    Case Number: D68863

    Business could be vicariously liable for alleged sexual molestation by one of its owners who drew a salary and managed the business' operations.

  • DeSantis v. Gardiner

    Publication Date: 2020-01-29
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Kenneth M. Roseman, Kenneth Roseman, P.A., Wilmington, DE for plaintiff.
    for defendant: Nicholas E. Skiles, Swartz Campbell LLC, Wilmington, DE for defendant.

    Case Number: D68857

    Defendant was not entitled to a new trial because jury members could not testify as to matters intrinsic to their deliberations.

  • Baldwin v. New Castle County

    Publication Date: 2020-01-29
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Emily Baldwin, pro se plaintiff
    for defendant: Nicholas J. Brannick and Jordan S. Perry, New Castle County Government Center, New Castle, DE for defendant.

    Case Number: D68854

    Plaintiff's conveyance of her property eliminated her standing to contest fines and liens imposed by the county on the property where such sums attached to the property and were not personal to plaintiff.

  • Tibco Software Inc. v. Mediamath, Inc.

    Publication Date: 2020-01-22
    Practice Area: Contractual Disputes
    Industry: Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for plaintiff.
    for defendant: Matthew P. Ward and Nicholas T. Verna, Womble Bond Dickinson LLP, Wilmington, DE; Usher Winslett, Winslett Studnicky McCormick & Bomser LLP, New York, NY for defendant.

    Case Number: D68852

    The court had previously ruled that a genuine issue of material fact existed with regard to a liability limitation provision, so plaintiff was not entitled to summary judgment.

  • BITG, LLC v. Palantir Techs., Inc.

    Publication Date: 2020-01-22
    Practice Area: Business Torts
    Industry: Investments and Investment Advisory | Software
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68847

    Limitations period tolled under discovery rule where broker did not connect its alleged injury to defendants' purported tortious conduct until defendants had to publicly disclose documents that allegedly showed defendants' efforts to block plaintiff broker out of the proposed transaction.