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  • Bank of America v. Brown

    Publication Date: 2019-10-23
    Practice Area: Occupational Safety and Health
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Paul V. Tatlow, Marshall, Dennehey, Warner, Coleman & Goggin for appellant.
    for defendant: Gary S. Nitsche and Katherine L. Hemming, Weik, Nitsche & Dougherty, LLL for appellee.
    Case Number: D68745

    The Industrial Accident Board failed to make findings that a worker's job duties were the substantial cause of her injuries.

  • Colburn v. Bd. of Adjustment of the City of New Castle

    Publication Date: 2019-10-23
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Josiah Wolcott, Connolly Gallagher LLP for appellants.
    for defendant: Daniel Losco and Geena Khomenko George, Losco & Marconi, P.A. for appellees.
    Case Number: D68746

    A board of adjustment failed to articulate the reasons why a building official's determination about the characterization of a right of way was correct.

  • Trustwave Holdings, Inc. v. Beazley Ins. Co., Inc.

    Publication Date: 2019-10-16
    Practice Area: Insurance Litigation
    Industry: Insurance | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jody Barillare, Beth Herrington and Zachary Ryan Lazar, Morgan, Lewis & Bockius, LLP, Wilmington, DE for plaintiff.
    for defendant: Michael C. Heyden and Scott Schmookler, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
    Case Number: D68741

    The court granted plaintiff's motion to dismiss some of the insurers' claims due to the statute of limitations, but it declined to dismiss the contractual indemnification claims.

  • Hrycak v. Pub. Storage, Inc.

    Publication Date: 2019-10-16
    Practice Area: Premises Liability
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Philip M. Finestrauss, Philip M. Finestrauss, P.A., Wilmington, DE for plaintiff.
    for defendant: David W. Giattino, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE for defendant.
    Case Number: D68735

    Premises liability case dismissed where plaintiff had executed limitation of liability contractual provision releasing defendant from liability for prospective negligence, where the provision was unambiguous, not unconscionable where plaintiff had a meaningful choice to accept, and where there was no specific public policy against contractual release of prospective negligence.

  • Schmidt v. The Washington Newspaper Publ'g Co., LLC

    Publication Date: 2019-10-16
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Bartholomew J. Dalton, Dalton & Assoc., PA, Wilmington, DE; Andrea L. Lewis, Searcey, Denney, Scarola Barnhart & Ship-ley, PA, West Palm Beach, FL for plaintiff.
    for defendant: Joseph J. Bellew, White and Williams LLP, Wilmington, DE; Todd R. Ehrenreich and David L. Luck of Lewis, Brisbois, Bisgaard & Smith, Miami, FL for defendant.
    Case Number: D68740

    Plaintiff's defamation claims were timely filed in accordance with Delaware's savings statute, but Delaware was not a proper forum for this dispute, so the court granted defendant's motion to dismiss.

  • Law Journal Press | Digital Book

    Land Use Law: Zoning in the 21st Century

    Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin

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  • State of Delaware ex. rel. French v. CVS Health Corp.

    Publication Date: 2019-10-09
    Practice Area: Civil Procedure
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Bruce E. Jameson and Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; Justin S. Brooks and Elizabeth H. Shofner, Guttman & Buschner & Brooks, PLLC, Wilmington, DE for plaintiff-relator.
    for defendant: Kenneth J. Nachbar, Michael Houghton, Matthew R. Clark and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ethan D. Miller, Jason D. Popp and Gavin Reinke. Alston & Bird LLP for CVS Health Corporation. Stephen E. Jenkins, Catherine Gaul, F. Troupe Mickler, IV, Ashby & Geddes, Wilmington, DE for Card Compliant and CardFact defend-ants. Brian E. Farnan , Farnan LLP, Wilmington, DE for Vacation Properties United Ltd. and The Factoring Co.
    Case Number: D68731

    The court dismissed this qui tam action involving an allegedly fraudulent scheme for depriving the state of money it was enti-tled to from unused gift cards.

  • State of Delaware v. Kent

    Publication Date: 2019-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Amanda J. DiLiberto, Department of Justice, Wilmington, DE for the state.
    for defendant: John S. Edinger, Jr. , Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D68732

    Defendant was not entitled to an acquittal for the lesser-included offense of attempted rape, because the state presented evi-dence that defendant took a substantial step in completing that crime.

  • Powell v. AmGuard Ins Co.

    Publication Date: 2019-10-02
    Practice Area: Insurance Litigation
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John S. Spadaro ,John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE for defendant.
    Case Number: D68724

    The court denied an insurer's motion for summary judgment, because factual issues existed regarding whether the insurer act-ed recklessly and in bad faith.

  • Collab9, LLC v. En Point Tech. Sales, LLC

    Publication Date: 2019-10-02
    Practice Area: Mergers and Acquisitions
    Industry: Consulting | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Joel Friedlander, Jeffrey M. Gorris, and Christopher P. Quinn, Friedlander & Gorris, P.A., and Richard D. Robins and Gary Ganchrow, Parker, Milliken, Clark, O’Hara & Samualian, APC for plaintiff.
    for defendant: Karen A. Jacobs, Susan W. Waesco, and Alexandra M. Cumming, Morris, Nichols, Arsht & Tunnell LLP, and Jason R. Scherr, Joseph Bias, and Clara Kollm, Morgan, Lewis & Bockius, LLP, and David M. Stein and Sara Kelly-Kilgore, Greenberg Gross LLP for defendants.
    Case Number: D68719

    Implied covenant and good faith and fair dealing claim and fraud claim dismissed where allegations in support of both claims were duplicative of plaintiff's breach of contract claim.

  • Bailey v. Mountaire Farms

    Publication Date: 2019-10-02
    Practice Area: Labor Law
    Industry: Agriculture
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David T. Bailey, Seaford, DE, pro se appellant.
    for defendant: Barry M. Willoughby and Lauren E.M. Russell, Rodney Square, Wilmington, DE, and Daniel C. Mulveny and Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: D68718

    Employee had not voluntarily resigned with good cause attributable to work where there was no evidence alternative position was outside employee's medical restrictions and where employee failed to give employer opportunity to address employee's physical or medical limitations before resigning.