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  • Harris v. State

    Publication Date: 2018-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph A. Hurley, Wilmington, DE for appellant.
    for defendant: Matthew F. Hicks, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68391

    Trial court did not err in considering Intoxilyzer test results to find defendant guilty of DUI after he stipulated to the sufficiency of the Intoxilyzer calibration logs and card.

  • Piper Jaffray, Inc. v. Marrone Bio Innovations, Inc.

    Publication Date: 2018-12-12
    Practice Area: Contractual Disputes
    Industry: Agriculture | Chemicals and Materials | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Eric Lopez Schnabel and Alessandra Glorioso, Dorsey & Whitney LLP, Wilmington, DE; Thomas P. Swigert and Phil Steger of Dorsey & Whitney LLP, Minneapolis, MN for plaintiff.
    for defendant: Elena C. Norman and Benjamin M. Potts, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Judson E. Lobdell of Morrison & Foerster LLP, San Francisco, CA for defendant.
    Case Number: D68386

    Plaintiff adequately stated a claim for breach of the parties' engagement letter involving financial services, but discovery was necessary to determine factual issues.

  • Goggin v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-12-12
    Practice Area: Corporate Governance | Insurance Law
    Industry: Energy | Mining and Resources
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David J. Baldwin and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; Seth B. Schafler and Seth D. Fiur, Proskauer Rose, LLP, New York, NY for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild, LLP, Wilmington, DE; Joseph Collins, Fox Rothschild, LLP, Chicago, IL for defendant.
    Case Number: D68383

    Exclusionary clause of Directors & Officers insurance policy applied where claims against former directors would not have arisen but for their formation and use of investment vehicles, of which they were managers/members, to enrich themselves at the expense of the corporation for which they were directors and the corporation's creditors.

  • W & C Catts Family Ltd. P'ship v. The Town of Dewey Beach

    Publication Date: 2018-12-12
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: John W. Paradee, Glenn C. Mandalas and Daniel F. McAllister, Mandalas & Brockstedt, Dover, DE for appellant.
    for defendant: Veronica O. Faust, Morris James, LLP, Rehoboth Beach, DE; Michael J. Hoffman, Tarabicos Grosso, LLP, New Castle, DE for appellees.
    Case Number: D68387

    A property owner abandoned a nonconforming use of an eatery for at least one year, and the property was subject to floodplain district requirements.

  • Grabowski v. J.J. White, Inc.

    Publication Date: 2018-12-12
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and Katherine L. Hemming, Gary S. Nitsche, P.A., Wilmington, DE for appellant.
    for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: D68384

    The Industrial Accident Board was justified in finding a course of opioid prescription treatment was not reasonable or necessary where it failed to resolve claimant's pain and instead resulted in drug dependency.

  • Law Journal Press | Digital Book

    California Legal Malpractice Law 2014

    Authors: J. Randolph Evans, Shari L. Klevens, Suzanne Y. Badawi

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  • Desai v. State

    Publication Date: 2018-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Michael W. Modica, attorney for appellant
    for defendant: Jillian L. Schroeder, attorney for defendant.
    Case Number: D68376

    State trooper was qualified witness to admit breathalyzer calibration logbook under business records exception where trooper had personal knowledge of state chemist's practice of completing logbook right after conduct calibration test.

  • Ford v. Taylor

    Publication Date: 2018-11-28
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Stephen A. Hampton and Anthony V. Panicola, Grady and Hampton, LLC, Dover, DE for plaintiff
    for defendant: Theodore J. Segletes, III, Law Offices of Chrissinger & Baumberger, Wilmington, DE for defendant.
    Case Number: D68368

    Defendant's motion for summary judgment on plaintiffs' claim for punitive damages from a motor vehicle accident denied where circumstances leading to defendant's collision with plaintiffs' vehicle could allow a jury to find defendant acted with conscious indifference and willful disregard of plaintiffs' rights.

  • State of Delaware v. Gates

    Publication Date: 2018-11-28
    Practice Area: Administrative Law | Labor Law
    Industry: Recruitment and Staffing | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger of Schmittinger and Rodriquez, Dover, DE for claimant
    for defendant: John J. Klusman, Jr. of Tybout, Redfearn and Pell, Wilmington, DE for the state.
    Case Number: D68370

    An employee was acting within the scope of his employment when he responded to the employer's instruction to return to work, so he was entitled to recovery under the Worker's Compensation Act for injuries sustained in an automobile accident.

  • SARN Energy LLC v. Tatra Defence Vehicle A.S.

    Publication Date: 2018-11-21
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Consulting | Defense | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Oderah C. Nwaeze and Ryan E. Borneman of Duane Morris LLP, Wilmington, DE, attorneys for plaintiff.
    for defendant: Philip Trainer, Jr. and Hayley Lenahan of Ashby & Geddess, Wilmington, DE; Kenneth J. Pfaehler of Dentons US LLP, Washington, DC, attorneys for defendant.
    Case Number: D68363

    Defendant adequately alleged its breach of contract counterclaims, but it failed to state a viable claim for fraud and matters relating to alter ego liability had to be filed in another court.

  • Franco v. Acme Markets, Inc.

    Publication Date: 2018-11-21
    Practice Area: Premises Liability
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and William Stewart, III of Gary S. Nitsche, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Michael J. Logullo of Rawle & Henderson, LLP, Wilmington, DE, attorney for defendant.
    Case Number: D68360

    Defendant's motion to dismiss denied where plaintiffs filed an amended complaint adding defendant as a party within 120 days of the expiration of the applicable statute of limitations and therefore could assert their claims against defendant under the relation back doctrine.