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  • Mills v. State

    Publication Date: 2019-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Bernard J. O'Donnell, Office of Public Defender, Wilmington, DE for appellant.
    for defendant: Maria T. Knoll, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68440

    The multiplicity doctrine precluded separate charges for resisting arrest for each law enforcement officer involved in an arrest and required only one charge for an arrest attempt.

  • Prunckun v. Delaware Dept. of Health & Soc. Servs.

    Publication Date: 2019-01-16
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Francis G.X. Pileggi, Brian D. Ahern, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Michael P. Flammia, Eckert Seamans Cherin & Mellott, LLC, Boston, MA; Christopher E. Torkelson, Eckert Seamans Cherin & Mellott, LLC, Princeton, NJ for appellant.
    for defendant: Lauren E. Maguire and Adria B. Martinelli, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68423

    Medicaid recipients were afforded due process after the state terminated community-based coverage of graduated electronic decelerator services where an administrative hearing officer determined GED was not a covered service under federal Medicaid regulations.

  • Homeland Ins. Co. of New York v. Corvel Corp.

    Publication Date: 2018-12-05
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: David Newmann and Catherine E. Stetson, Hogan Lovells US LLP, Washington, DC; Timothy Jay Houseal, Jennifer M. Kinkus and William E. Gamgort, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael J. Rosen and Peter F. Lovato, III, Skarzynski Black, LLC for appellant
    for defendant: John M. Seaman and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE for appellee.
    Case Number: D68374

    Bad faith claim brought by insured barred by applicable statute of limitations where the claim accrued when insured settled a covered litigation and when insured knew insurer had made its alleged misrepresentation in prior litigation.

  • CompoSecure, LLC v. CardUX, LLC

    Publication Date: 2018-11-21
    Practice Area: Contracts
    Industry: Consumer Products | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder of Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren and David M. DeVito of Kaufman, Coren & Ress, P.C., Philadelphia, PA, attorneys for appellants
    for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt of Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin of Ballard Spahr LLP, Philadelphia, PA, attorneys for appellees.
    Case Number: D68358

    Judgment reversed and remanded where parties concurred that if provision of alleged breaching party's operating agreement applied to the parties' sales agreement, it would render that agreement void and incapable of ratification by the parties' conduct.

  • Flood v. Synutra Int'l, Inc.

    Publication Date: 2018-10-24
    Practice Area: Corporate Governance | Mergers and Acquisitions | Securities Litigation
    Industry: Food and Beverage
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Ryan M. Ernst, Daniel P. Murray,O'Kelly Ernst & Joyce, LLC, Wilmington, DE; Donald J. Enright, Eliza-beth K. Tripodi, Levi & Korsinsky, LLP, Washington, D.C., attorneys for plaintiff
    for defendant: Matthew E. Fischer, Matthew R. Dreyfuss, Potter Anderson & Corroon LLP, Wilmington, DE; Roger A. Cooper, Rishi N. Zutshi, Vanessa C. Richardson, Hana Choi, Cleary Gottlieb Steen & Hamilton LLP, New York, NY, attorneys for defendants Synutra, Jinrong Chen, Lei Lin and Yalin Wu; William M. Laf-ferty, John P. DiTomo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence Portnoy, Re-becca L. Martin, Davis Polk & Wardwell LLP, New York, NY, for defendants Liang Zhang, Xiuqing Meng and Beams Power Investment Ltd.
    Case Number: D68329

    The business judgment rule applied, even though a controller's initial offer did not contain the required condi-tions, because he provided a second letter containing those conditions prior to any action by the special com-mittee.

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  • Delaware Bd. of Nursing v. Francis

    Publication Date: 2018-10-17
    Practice Area: Administrative Law | Health Care Law | Regulation
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Carla A.K. Jarosz, attorney for appellant
    for defendant: Daniel A. Griffith, attorney for appellees.
    Case Number: D68318

    State not obligated to prove that nurse's breach of professional standards also caused harm to a patient or the public to impose discipline for violations.

  • Flowers v. State

    Publication Date: 2018-10-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Bernard J. O'Donnell, attorney for appellant
    for defendant: Andrew Vella, attorney for appellee.
    Case Number: D68310

    Motion to suppress evidence seized during stop-and-frisk properly denied where police had reasonable suspicion to effect a Terry stop after observing suspect make movements consistent with an individual concealing a firearm in the waistband.

  • Daskin v. Knowles

    Publication Date: 2018-09-19
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Gretchen S. Knight, Jill Spevack Di Sciullo and Leslie B. Spoltore for husband
    for defendant: Patricks J. Boyer and Marie I. Crossley for wife.
    Case Number: D68289

    The family court improperly denied husband's motion to dismiss for lack of jurisdiction due to factual issues regarding wife's domicile.

  • Fowler v. State

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
    for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.
    Case Number: D68279

    Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.

  • Norman v. All About Women, P.A.

    Publication Date: 2018-09-05
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: William Fletcher and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE, for plaintiff
    for defendant: Lauren C. McConnell and Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE, for defendants.
    Case Number: D68277

    In this medical negligence matter, plaintiff's expert witness provided admissible testimony regarding the standard of care even without relying on medical literature or peer-reviewed publications.