• CSDCPC 920 French, LLC v. Christina Sch. Dist.

    Publication Date: 2019-12-04
    Practice Area: Tax
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: David A. White, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: David H. Williams, Morris James LLP, Wilmington, DE for defendants.

    Case Number: D68792

    School district's decision not to grant school tax refund to entity afforded charitable tax exemption affirmed where voluntary payment of tax pending appeal meant there was no unconstitutional taking and where statutory scheme governing refund did not violate due process.

  • TIBCO Software, Inc. v. nThrive Revenue Sys., LLC

    Publication Date: 2019-12-04
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher, LLP, Newark, DE for plaintiff.
    for defendant: Chad S.C. Stover, Barnes & Thornburg, LLP, Wilmington, DE for defendant.

    Case Number: D68796

    A factual dispute existed regarding whether a party was an agent or otherwise had authority to terminate an agreement. Motion for summary judgment denied.

  • Leonard v. Unemployment Ins. Appeal Bd.

    Publication Date: 2019-12-04
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Gloria J. Leonard, Dagsboro, DE, pro se plaintiff.
    for defendant: Daniel C. Mulveny of the Dep’t of Justice, Wilmington, DE for the Unemployment Ins. Appeal Bd. Alan D. Albert, Wilming-ton, DE for RKB Funerals. Victoria W. Counihan, Wilmington, DE for the Dep’t of Labor.

    Case Number: D68794

    Employee voluntarily terminated her employment without good cause, so she was not entitled to receive unemployment bene-fits. Affirmed.

  • Vick v. Khan

    Publication Date: 2019-12-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Stacia Vick and Chadwick Vick, pro se plaintiffs.
    for defendant: Thomas J. Marcoz, Jr. and Catherine M. Cramer, Marshall, Dennehey, Warner, Coleman & Goggin for defendants.

    Case Number: D68797

    The court granted a motion in limine to preclude unsupported expert testimony regarding causation, but it denied other motions in limine, and deferred a ruling regarding the spousal privilege.

  • Hastings v. Watson

    Publication Date: 2019-12-04
    Practice Area: Regulation
    Industry: Construction | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Ronald E. Hastings, Ponte Vedra Beach, FL, pro se plaintiff.
    for defendant: Michael R. Smith, Seaford, DE for defendants.

    Case Number: D68793

    Although plaintiff alleged sufficient facts to support his fraud claims, the court held those claims were barred by the doctrines of res judicata and collateral estoppel. Motion to dismiss granted.

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  • Allmaras v. Bd. of Adjustment of Sussex County

    Publication Date: 2019-11-27
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Joseph J. Rolla, Lewes, DE, Janice Allmaras, Lewes, DE, Robert Viscount, Lewes, DE, pro se petitioners
    for defendant: James P. Sharp, Moore & Rutt, P.A., Georgetown, DE for respondent.

    Case Number: D68782

    Petitioners were not entitled to use relation-back doctrine to bring amended land use complaint naming the landowner as a respondent within the 30-day deadline for appeal of the land use decision where the court rule required there be a mistake as to the identity of the correct party and there was no mistake in the present case over the landowner's identity.

  • Chaverri v. Dole Food Co.

    Publication Date: 2019-11-27
    Practice Area: Products Liability
    Industry: Agriculture | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Andrew C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Scott M. Hendler, Hendler Flores, PLLC, Austin, TX for plaintiff.
    for defendant: Somers S. Price, Jr., Potter, Anderson & Corroon LLP, Wilmington, DE; Andrea Neuman and Thomas Manakides, Gibson, Dunn & Crutcher, New York, NY; Adam Orlacchio and Brandon McCune, Blank Rome LLP, Wilmington, DE; Donald E. Reid, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael L. Brem, Shirrmeister, Diaz-Arrastia, Brem, LLP, Houston, TX; Timothy Jay Houseal, Jennifer M. Kinkus, and William E. Gamgort, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; John C. Phillips, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Kelly E. Farnan and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; James Semple, Cooch & Taylor, P.A., Wilmington, DE for defendant.

    Case Number: D68783

    Motion to vacate due to intervening legal decisions denied where plaintiffs unreasonably delayed filing their motion and where decisions cited in support of motion were non-controlling law.

  • Iavarone v. Eagle Eye Home Inspections, LLC

    Publication Date: 2019-11-20
    Practice Area: Damages
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Christopher H. Lee, Blake Bennett, and Dean Roland, Cooch & Taylor, P.A., Wilmington, DE for plaintiff.
    for defendant: Justin Callaway, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendant.

    Case Number: D68775

    Contractual limitation of liability provision that merely limited contractor's liability to cost of services, rather than excluding all liability, was enforceable since it provided certainty to potential damages.

  • Naisha v. Gilead Sciences, Inc.

    Publication Date: 2019-11-20
    Practice Area: Civil Rights
    Industry: Biotechnology
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Vanessa L. Naisha, pro se plaintiff
    for defendant: Smyrna, DE. Brian C. Ralston and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE for defendant.

    Case Number: D68776

    Pro se plaintiff not entitled to appointment of counsel for her civil case where there was no evidence plaintiff's access to the courts would be restricted absent appointed counsel and where plaintiff's diminished chance of success did not outweigh the government's interests.

  • Winshall v. Viacom Int'l Inc.

    Publication Date: 2019-11-20
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68781

    The indemnification provision in the parties' merger agreement did not apply to attorney fees in first-party claims, so the court denied plaintiff's request for an award of attorney fees and expenses.