• Deane v. Liberty Mut. Fire Ins. Co.

    Publication Date: 2018-08-22
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Patrick C. Gallagher for plaintiff
    for defendant: Daniel A. Griffith and Kaan Ekiner for defendant.

    Case Number: D68257

    A party was barred from receiving personal injury protection benefits pursuant to an anti-stacking provision in his insurance policy, where he received such benefits through his employer's insurer under a policy issued in another state.

  • Wilmington - 5190 Brandywine Parkway, LLC v. Acadia Brandywine Holdings, LLC

    Publication Date: 2018-08-15
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Michael J. Barrie, Stephen M. Ferguson, William M. Alleman, Jr and Helen Gavaris for plaintiff
    for defendant: Philip Trainer, Jr., Andrew D. Cordo, Adam C. Silverstein and Meaghan Millan for defendants.

    Case Number: D68253

    A creditor alleged facts supporting a claim for recourse liability, but resolution of the matter depended upon discovery and further development of the record.

  • St. Philip's Evangelical Lutheran Church of Wilmington, Delaware v. Delmarva Power & Light Co.

    Publication Date: 2018-08-15
    Practice Area: Civil Procedure | Contracts
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: David G. Culley for plaintiff
    for defendant: Vicki L. Shoemaker for defendant.

    Case Number: D68252

    In this case involving the relocation of underground utility cables, plaintiff's negligence claim was filed within the relevant limitations period, but the court rejected the trespass and fraud claims.

  • Falciani v. Zinszer

    Publication Date: 2018-08-15
    Practice Area: Damages
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Douglas A. Shachtman, The Shachtman Law Firm, Wilmington, DE, attorney for plaintiff
    for defendant: Elizabeth V. Zinszer, Sherree J. Bedell, and Stephen Zinszer, pro se defendants.

    Case Number: D68248

    Action for replevin denied where defendants had disposed of the property that was the subject of the action.

  • Flowshare, LLC v. GeoResults, Inc.

    Publication Date: 2018-08-08
    Practice Area: Contracts
    Industry: Consulting
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; John E. Petite and John C. Dranke, Greensfelder, Hemker and Gale P.C., St. Louis, MO, attorneys for plaintiffs
    for defendant: Jeffrey L. Moyer, Travis S. Hunter, Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE; Stephen P. Fuller, CKR LAW, LLP, Johns Creek, GA, attorneys for defendants.

    Case Number: D68239

    Fraud claim survived motion to dismiss where contractual integration clause missing explicit anti-reliance on representations provision failed to bar such claim arising from promises made during contract negotiations that induced party to execute agreement.

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    Discretionary Tax and Economic Incentives

    Authors: Frederick W. Kindel

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  • Wilgus v. Bayhealth Med. Ctr.

    Publication Date: 2018-08-08
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Daniel C. Herr for plaintiff
    for defendant: Samuel Moultrie and Johnine P. Barnes for defendant.

    Case Number: D68245

    Employee was not required to provide proof of an ongoing disability in this action against her former employer for failing to provide a reasonable accommodation.

  • Sadler v. Johnson

    Publication Date: 2018-08-01
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy A. Dillon for plaintiffs
    for defendant: Colin M. Shalk for defendant.

    Case Number: D68236

    Genuine issues of material fact regarding vicarious liability and negligence precluded an employer's motion for summary judgment in this vehicle accident case.

  • McCarthy v. Fifer

    Publication Date: 2018-08-01
    Practice Area: Contracts | Legal Malpractice
    Industry: Investments and Investment Advisory | Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68235

    The court denied motions for judgment on the pleadings with regard to two legal malpractice claims involving the improper titling of investment properties, because the complaint adequately alleged matters relating to standing and damages.

  • Doyle v. Matthew Smith, LLC

    Publication Date: 2018-07-25
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ella J. Doyle, pro se appellant
    for defendant: Daniel C. Mulveny and Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE, attorneys for defendants.

    Case Number: D68224

    Appeals referee erred in finding person ineligible for unemployment benefits for failure to appear for work search audits where individual presented evidence that she was short-term unemployed and therefore not obligated to appear for audits.

  • Brookings v. Kirk

    Publication Date: 2018-07-18
    Practice Area: Damages
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: William L. O'Day, Woloshin, Lynch & Associates, P.A., attorney for plaintiffs
    for defendant: Julie M. Donoghue, Delaware Department of Justice, attorney for defendants.

    Case Number: D68216

    Complaint seeking damages for lottery's failure to honor winning tickets dismissed on summary judgment where computer malfunction caused same numbers to repeat for multiple consecutive drawings, thereby eliminating the legally required element of chance.