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  • Trott v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Lugg
    Attorneys: For plaintiff: Michael Mongeluzzi, Joseph DeAngelo, Barrett DeAngelo, LLC, West Chester, PA; Linda Malkin, Kimmel Carter Roman Peltz & O’Neil, P.A., Wilmington, DE for plaintiff.
    for defendant: Joseph Drnec, Phillip Casale, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Bradley Goewert, Thomas Marcoz, Marshall Dennehey, P.C., Wilmington, DE for defendants.
    Case Number: N20C-09-182 SPL

    Although expert testimony established nurses' deviation from the applicable standards of care, they were entitled to summary judgment when plaintiff's experts could not opine with reasonable medical certainty that their deviation proximately caused plaintiff's injury.

  • Lucia v. Bridge Senior Living

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joshua J. Inkell, Daniel P. Hagelberg, Hudson, Castle & Inkell, LLC, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE; Francis J. Deasey, Matthew J. Junk, Deasey Mahoney & Valentini, Ltd., Philadelphia, PA for defendants.
    Case Number: N22C-08-118 DJB

    Healthcare power of attorney granting attorney-in-fact authority to contract for healthcare services on behalf of the principal was sufficient to confer authority for attorney-in-fact to sign arbitration agreement as part of principal's admission paperwork for skilled nursing facility.

  • Mercury Partners Mgmt., LLC v. Valo Health, Inc.

    Publication Date: 2024-02-19
    Practice Area: Mergers and Acquisitions
    Industry: Health Care | Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Brian E. Farnan, Farnan LLP, Wilmington, DE for plaintiff.
    for defendant: Rudolf Koch, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
    Case Number: 2023-0318-MTZ

    Court declined interlocutory review where appeal did not raise novel or conflicting issues of law regarding decision to decline specific performance on a best efforts clause.

  • DiDonato v. Campus Eye Mgmt., LLC

    Publication Date: 2024-02-12
    Practice Area: Corporate Governance
    Industry: Health Care | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Mary F. Dugan, Emily V. Burton, Tanner C. Jameson, Young Conaway Stargatt & Taylor LLP, Wilmington, DE for plaintiff.
    for defendant: Ethan H. Townsend, Daniel T. Menken, Ryan D. Konstanzer, McDermott Will & Emery LLP, Wilmington, DE for defendant.
    Case Number: 2023-0671-LWW

    Manager and member of LLC remained the manager of the company where the LLC agreement required his involvement and approval for any amendment, such that the other investors in the company could not unilaterally amend the agreement to remove the manager.

  • Hernandez v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2024-02-05
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
    for defendant: Stacy A. Scrivani, Alexis R. Gambale, Stevens & Lee, P.C., Wilmington, DE; Lisa M. Scidurlo, Stevens & Lee, P.C., King of Prussia, PA; Michael M. Greenfield, Sasha A. Phillips, Stevens & Lee, P.C., Philadelphia, PA; Theresa M. Zechman, Stevens & Lee, P.C., Lancaster, PA for defendant.
    Case Number: 22-1283-RGA

    Court declined to dismiss religious discrimination claim where terminated employee adequately pled sincerely held religious belief supporting her objection to COVID-19 vaccines.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Employers Ins. Co. of Wasau v. First State Orthopaedics, P.A.

    Publication Date: 2024-01-22
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Andrew Hatchett, Tiffany Powers, Alston & Bird LLP, Atlanta, GA for appellants.
    for defendant: John S. Spadaro, John Sheehan Spadaro, LLC, Wilmington, DE; Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, Wilmington, DE for appellee.
    Case Number: 27, 2023D

    Trial court erred in concluding that medical provider had standing to challenge lawfulness of insurer's old billing codes under the workers' compensation law, where the insurer had switched to a new billing code system prior to, and independent of, the provider's lawsuit and any prospective declaratory relief would not redress the claimed injury.

  • Hudson v. Beebe Med. Ctr.

    Publication Date: 2024-01-15
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
    for defendant: Keri L. Morris-Johnston, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: S23A-10-002 NEP

    Industrial Accident Board did not err in denying workers' compensation claim for COVID-19 where it weighed the evidence to determine that it was more likely that worker was infected outside of work rather than at work.

  • Rheault v. Halma Holdings Inc.

    Publication Date: 2023-11-27
    Practice Area: Securities Litigation
    Industry: Electronics | Health Care | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-700-WCB

    Court declined to dismiss securities and common law fraud claims where acquirer failed to disclose the existence of its obligations under a competing earnout agreement when negotiating acquisition of a company.

  • The Estate of Thomas G. Stone, Jr. v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2023-11-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC., Dover, DE for plaintiff.
    for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmentraut & Klein, P.A., Wilmington, DE for defendant.
    Case Number: K22C-03-017 JJC

    The court applied the "sham affidavit doctrine," finding that plaintiff's expert's affidavit submitted with its opposition to defendant's motion for summary judgment contradicted the expert's prior deposition testimony and was submitted for the sole purpose of defeating an otherwise appropriate summary judgment motion and that no adequate explanation of the contradiction was provided.

  • Cline v. The Nemours Found.

    Publication Date: 2023-10-23
    Practice Area: Labor Law
    Industry: Health Care | Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Jessica Lewis Welch, Doroshaw, Pasquale, Krawitz & Bhaya, Wilmington, DE for appellant.
    for defendant: Keri L. Morris-Johnson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: N22A-11-003 FWW

    Industrial Accident Board erred in failing to consider claimant's individual circumstances in determining whether claimant had exhausted reasonable conservative treatment and thus had made surgical treatment reasonable and necessary.