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  • Bobcat N. Am., LLC v. Inland Waste Holdings, LLC

    Publication Date: 2019-05-08
    Practice Area: Mergers and Acquisitions
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Joel Friedlander, Christopher M. Foulds, and Christopher P. Quinn, Friedlander & Goris, P.A., Wilmington, DE; Andrew J. Wronski, Max B. Chester, and Andrew M. Meerkins, Foley & Lardner LLP, Milwaukee, WI for plaintiff.
    for defendant: David S. Eagle and Sean M. Brennecke, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; William T. Hill and Gregory R. Sellers, Klehr Harrison Harvey Branzburg LLP, Philadelphia, PA for defendants.
    Case Number: D68550

    Purchaser was entitled to redemption of its equity pursuant to business purchase agreement where parties' agreement expressly and exclusively conditioned redemption on failure of future business conditions to manifest when those conditions did fail to manifest.

  • Rowland v. American Biltrite, Inc.

    Publication Date: 2019-05-08
    Practice Area: Products Liability
    Industry: Chemicals and Materials | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Ipek K. Medford, Bartholomew J. Dalton, Andrew C. Dalton and Michael C. Dalton, Dalton & Assoc., P.A., Wilmington, DE; Adam Balick and Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE; Weitz & Luxenberg, P.C., New York, NY for plaintiffs.
    for defendant: Beth E. Valocchi, Joseph S. Naylor and Bryan P. Smith, Swartz Campbell, LLC , Wilmington, DE for moving defendant.
    Case Number: D68556

    Plaintiffs failed to demonstrate that a product provided by defendant contained asbestos.

  • White v. Preferred Inv. Serv., Inc.

    Publication Date: 2019-05-08
    Practice Area: Creditors' and Debtors' Rights
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Edward J. Fornias, III for plaintiff.
    for defendant: E. Calvin Harmon, Jr. for defendant.
    Case Number: D68557

    To preserve public policy goals and protect the parties' due process rights, the court stayed this fraudulent conveyance action pending resolution of a related debt collection proceeding.

  • State v. Risper

    Publication Date: 2019-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D6846

    A search warrant was overly broad, because the state only had probable cause to search and seize tracking information con-tained on defendant's cellular phone.

  • Verbitski v. Diamond State Port Corp.

    Publication Date: 2019-04-24
    Practice Area: Landlord Tenant Law | Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE for plaintiff.
    for defendant: David Primack, McElroy Deutsch Mulvaney & Carpenter LLP, Wilmington, DE for defendant. Mark Sposato, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE for third-party defendant.
    Case Number: D68540

    A landlord was not entitled to indemnity in this personal injury matter, because the employer who leased the property was entitled to the protection of the workers' compensation exclusivity doctrine.

  • Law Journal Press | Digital Book

    New Jersey Uniform Commercial Code 2018

    Authors: Marguerite M. Schaffer, Douglas Singleterry

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  • Stump v. Town of Middleton

    Publication Date: 2019-04-24
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: John S. Malik, Law Office of John S. Malik, Wilmington, DE for plaintiff.
    for defendant: Rae M. Mims, Delaware Dep't of Justice, Dover, DE for the Criminal Justice Council. Scott G. Wilcox, Moore & Rutt, Wilmington, DE for defendants Branner, Iglio and Town of Middleton.
    Case Number: D68538

    The court declined to issue a writ of mandamus to require a hearing where a party had already pursued the extent of the grievance procedure allowed under a collective bargaining agreement.

  • Atl. Bldg. Assocs. v. Trujillo

    Publication Date: 2019-04-17
    Practice Area: Administrative Law | Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell for appellant.
    for defendant: Arthur M. Krawitz and Tara E. Bustard, Doroshow, Pasquale, Krawitz & Bhaya for appellee.
    Case Number: D68526

    The Industrial Accident Board's ruling was remanded for it to clarify whether its extensive review, of a prime contractor's efforts to verify that a subcontractor's workers' compensation insurance extended to Delaware, was conducted under a due diligence standard rather than a strict liability standard.

  • B.W. Elec., Inc. v. Gilliam-Johnson

    Publication Date: 2019-04-17
    Practice Area: Administrative Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff: Daniel F. McAllister, Baird Mandalas Brockstedt, LLC, Wilmington, DE for petitioner.
    for defendant: Oliver J. Cleary, Dep't of Justice, Wilmington, DE for respondents.
    Case Number: D68529

    An agency's determination was arbitrary and unreasonable, because it was not based on sufficient factual findings.

  • Buhrman v. Courtyard by Marriott, Inc.

    Publication Date: 2019-04-17
    Practice Area: Contracts | Damages
    Industry: Hospitality and Lodging | Insurance
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Paul D. Sunshine, Reger, Rizzo, & Darnall, LLP; Eileen M. Ford, Marks, O'Neill, O'Brien, Doherty, & Kelly, P.C., attorneys for defendants
    for defendant: N/A
    Case Number: D68528

    Indemnification for party's own negligence was triggered under the co-defendants' agreement by plaintiff's complaint asserting similar allegations of negligence against both sets of defendants.

  • Thompson v. Cape Henlopen Sch. Dist.

    Publication Date: 2019-04-10
    Practice Area: Personal Injury
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Thomas J. Roman and Emily P. Laursen, Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Newark, DE for plaintiff.
    for defendant: Douglas T. Walsh, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for defendants.
    Case Number: D68525

    In this case involving an injury to a student, the teacher and school district were entitled to immunity where the acts at issue were discretionary and no gross negligence was involved.