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Publication Date: 2023-03-14
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Nicholas M. Insua, Princeton, NJ for plaintiff.
for defendant: Curtis J. Crowther, Robinson & Cole LLP, Wilmington, DE; Gregory P. Varga, Jonathan E. Small, Robinson & Cole LLP, Hartford, CT for defendant.
Case Number: N22C-03-147 MMJ CCLD
Court lacked personal jurisdiction over New York insurer which had issued policy through a New York broker to insure property located in New York City.
Publication Date: 2023-03-14
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: David E. Matlusky, The Matlusky Firm, Wilmington, DE for plaintiff.
for defendant: Evan Rassman, Emily Letcher, Cohen Seglias, Palias, Greenhall & Furman, P.C., for defendants.
Case Number: N22C-08-453 FJJ
The court denied a motion to dismiss a claim for waste on the grounds that plaintiff's claims sufficiently laid out a claim for waste on the grounds that plaintiff sufficiently pled that a mortgage encumbered a property that he had a certain future interest in and therefore his claims fell squarely within the jurisdiction of the superior court.
Publication Date: 2023-03-07
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Sean Gambogi, Kimmel, Carter, Roam, Peltz & O’Neill, P.A., Wilmington, DE for plaintiff.
for defendant: Kevin Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendant.
Case Number: N17C-12-265 DJB
Motion for new trial based on spoliated video footage denied where the footage would not have captured evidence relevant to plaintiff's slip and fall claim.
Publication Date: 2023-02-28
Practice Area: Insurance Law
Industry: Insurance | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Donald L. Gouge, Donald L. Gouge, Jr., LLC, Wilmington, DE; Michael J. Miller, Joseph M. Kelleher, Charles J. Vinicombe, Phillip J. Farinella, Cozen O’Connor, Philadelphia, PA for plaintiff.
for defendant: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Steven Sklaver, Krysta Kauble Pachman, Susman Godfrey LLP, Los Angeles, CA; Ari Ruben, Susman Godfrey LLP, New York, NY for defendants.
Case Number: N19C-11-175-PRW CCLD
Court declined summary judgment on fraud claims arising from stranger-originated life insurance policies as the parties had genuine factual disputes over whether each acted knowingly or recklessly in maintaining the policies despite having knowledge or inquiry notice as to the void nature of the insurance policies.
Publication Date: 2023-02-28
Practice Area: Public Utilities
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno, P.A., Wilmington, DE for plaintiff
for defendant: Colin D. Dougherty, Fox Rothschild LLP, Blue Bell, PA; Courtney A. Emerson, Artesian Water Company, Inc., Wilmington, DE for defendant.
Case Number: N22C-06-109 PRW
Breach of contract and fraud claims dismissed where public utility regulations plainly applied to parties' subsequently adopted water services agreement and the agreement explicitly referenced the applicability of the regulation to the agreement.
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Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2023-02-21
Practice Area: Business Torts
Industry: Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Michael J. Barrie, Kate Harmon, Benesch, Friedlander, Corplan & Aronoff LLP, Wilmington, DE; Erik Connolly, Nicole Wrigley, Benesch, Friedlander, Coplan & Aronoff, LLP, Chicago, IL for plaintiffs.
for defendant: Richard L. Renck, Tracey E. Timlin, Duane Morris LLP, Wilmington, DE; Howard M. Cooper, Joseph M. Cacace, Jason M. Brown, Todd & Weld LLP, Boston MA; Mark A. Lerner, Duane Morris LLP, New York, NY for defendants.
Case Number: N21C-11-028 EMD
Court denied motion to dismiss a defamation claim filed against defendant news agency on the grounds that plaintiff properly pled that defendant made false statements with actual malice.
Publication Date: 2023-02-21
Practice Area: Contracts
Industry: Distribution and Wholesale | Legal Services | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Aman Kaushik Sharma, The Sharma Law Firm, LLC, Wilmington, DE for plaintiffs.
for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Ari S. Casper, Ralph S. Tyler, The Casper Firm, LLC, Baltimore, MD for defendants.
Case Number: N22C-09-799 FJJ
Court could exercise personal jurisdiction over parties who had been afforded certain rights and benefits under a settlement agreement, even though they were not signatories to the settlement.
Publication Date: 2023-02-21
Practice Area: Litigation
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: N21C-03-257 EMD
The court applied N.Y. C.P.L.R. §76-a to a defamation dispute regarding New York's anti-SLAPP statute, relying on precedent holding that where the procedural rules of the "foreign state" are so "inseparably interwoven" with the substantive rights as to render a modification of the foregoing rule necessary, the foreign state's laws may apply.
Publication Date: 2023-02-21
Practice Area: Contracts
Industry: Cargo and Shipping | Construction | Energy
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Patrick J. Lamb, J’Aimee Crockett, ElevateNext Law, Chicago, IL for plaintiffs.
for defendant: F. Troupe Mickler IV, Randal J. Teti, Ashby & Geddes, P.A., Wilmington, DE; James D. Dasso, Jennifer S. Park, and Mason D. Roberts, Foley & Lardner LLP, Chicago, IL for defendant.
Case Number: N19C-10-054 EMD CCLD
Court declined to enter summary judgment on breach of contract claim where the parties' evidence created genuine issues of material fact regarding whether defendant had used reasonable best efforts to complete the project.
Publication Date: 2023-02-14
Practice Area: Business Torts
Industry: Accounting | Consulting
Court: Delaware Superior Court
Judge: Judge McCormick
Attorneys: For plaintiff: Ethan Townsend, Kevin M. Regan, Ashley R. Altschuler, McDermott Will & Emery LLP, Wilmington, DE; Michael J. Sheehan, McDermott Will & Emery LLP, Chicago, IL; Russell Hayman, McDermott Will & Emery LLP, Los Angeles, CA; Sarah E. Walters, McDermott Will & Emery LLP, Boston, MA for plaintiff.
for defendant: Julia B. Klein, Klein LLC, Wilmington, DE; Lita Beth Wright, Amini LLC, New York NY for defendant.
Case Number: N22C-12-063 KSM CCLD
Court granted default judgment as a sanction for the destruction of evidence that apparently would prove defendant's liability.
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