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Publication Date: 2018-08-29
Practice Area: Contracts | Health Care Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Bruce L. Hudson for plaintiff
for defendant: John D. Balaguer and Randall S. MacTough for defendant.
Case Number: D68269
A former inmate was not entitled to pursue a breach of contract claim in addition to his medical negligence claim, because he failed to meet the criteria for a contract claim under the Medical Negligence Act.
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.
Publication Date: 2018-07-25
Practice Area: Administrative Law | Labor Law
Industry: Health Care | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Sleet
Attorneys: For plaintiff:
for defendant:
Case Number: D68228
Administrator of a disability plan abused its discretion when it relied on selective information from plaintiff's medical records in deciding to terminate her benefits.
Publication Date: 2018-07-04
Practice Area: Administrative Law | Health Care Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Margaret F. England, Geller Scali Busenkell & Brown, LLC, Wilmington, DE, attorney for appellant
for defendant: A. Ann Woolfolk, Delaware Department of Justice, Wilmington, DE, attorney for appellee.
Case Number: D68200
Denial of Medicaid benefits affirmed where incapacitated person's income exceeded statutory limits and she had failed to establish a Miller trust.
Publication Date: 2018-06-27
Practice Area: Business Torts | Health Care Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Cooch
Attorneys: For plaintiff: Kate S. Keller and Laura N. Najemy for plaintiff
for defendant: Maria R. Granaudo for defendant.
Case Number: D68195
The state adequately alleged claims for Medicaid fraud against a nursing home, its owner and administrators.
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Publication Date: 2018-06-20
Practice Area: Administrative Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Cooch
Attorneys: For plaintiff: Heather A. Long for appellant Davis
for defendant: Morgan A. Sack for appellee HealthSouth.
Case Number: D68185
The Industrial Accident Board was free to choose between conflicting medical opinions, and its decision was supported by substantial evidence.
Publication Date: 2018-05-23
Practice Area: Expert Witnesses | Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff:
for defendant:
Case Number: D68155
Genuine issues of material fact existed as to comparative negligence and mitigation, so the court denied a motion for summary judgment in this medical negligence case.
Publication Date: 2018-05-09
Practice Area: Class Actions | Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Richard H. Cross, Jr., Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE, attorneys for plaintiffs
for defendant: Paul A. Bradley, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; George M. Church, Miles & Stockbridge, PC, Baltimore, MD; Meloney Perry, Perry Law, PC, Dallas, TX, attorneys for defendant.
Case Number: D68135
Motion to dismiss putative class action denied where court could not definitively determine that plaintiffs could not establish damage calculation method that would predominate over proposed class.
Publication Date: 2018-04-11
Practice Area: Employment Litigation | Personal Injury
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Dean A. Campbell for plaintiffs
for defendant: Gregory D. Stewart for defendants.
Case Number: D68108
A former employee was entitled to relief on her claim for breach of fiduciary duty because the employer did not allege an assignment of her incentive benefits, but her claim for interference with business relations was in-sufficient.
Publication Date: 2018-03-14
Practice Area: Corporate Governance
Industry: Health Care
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Nathan A. Cook, Jeroen van Kwawegen, David MacIsaac, Norman Berman, Nathaniel L Orenstein, Mark A. Delaney, Jessica Zeldin and Bradford P. deLeeuw for plaintiffs;
for defendant: R. Judson Scaggs, Jr., Lauren Neal Bennett and Jason Z. Miller for defendant.
Case Number: D68075
Documents relating to a separate qui tam proceeding provided a credible basis for stockholders to request corporate books and records for the purpose of investigating mismanagement or wrongdoing.
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