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Publication Date: 2022-04-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Benjamin A. Schwartz, Schwartz and Schwartz, Dover, DE for plaintiff.
for defendant: Maria R. Granaudo Gesty, Burns White LLC, Wilmington DE for defendants.
Case Number: D69796
Long-term care facility admission agreement had valid arbitration clause where patient possessed contractual capacity to execute the agreement.
Publication Date: 2022-02-01
Practice Area: Contracts
Industry: Investments and Investment Advisory | Retail
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, for plaintiffs.
for defendant: Ann M. Kashishian, Kashishian Law, LLC, Wilmington, DE; Jack J. Nichols, Jack J. Nichols, P.C., Houston, TX for defendant.
Case Number: D69697
The court held that the convertible debentures at issue were conditional because they contained an express condition for payment which made the agreement a contract and not a negotiable instrument.
Publication Date: 2021-11-30
Practice Area: Civil Procedure
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Antranig N. Garibian, Garibian Law Offices PC, Wilmington, DE for plaintiff.
for defendant: Matthew P. Denn, Peter H. Kyle, DLA Piper LLP, Wilmington, DE for defendant.
Case Number: D69625
The court found that the application of the CryoMaid factors weighed in favor of staying the case pending in Delaware in favor of the Israeli litigation based on the doctrine of forum non conveniens.
Publication Date: 2021-06-02
Practice Area: Contracts
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Steven F. Mones, Mintzer Sarowitz Zeris Ledva & Meyers, LLP, Wilmington, DE; Ross D. Ginsberg, Weinberg Wheeler Hudgins, Gunn & Dial, LLC, Atlanta, GA for plaintiff.
for defendant: James S. Green, Jr., Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.
Case Number: D69416
Where contractual arbitration provision gave defendant the obligation to decide whether other party's claims qualified within the category of claims subject to arbitration, the defendant's decision to seek arbitration of claims it found to fall within the scope of the arbitration clause required their dismissal from the action in favor of arbitration.
Publication Date: 2021-05-19
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: James K. McCloskey, Dep’t of Justice, Wilmington, DE for the state.
for defendant: Thomas A. Foley, Wilmington, DE for defendant.
Case Number: D69403
A warrantless search of defendant's residence was improper, and although the search yielded no evidence that could be suppressed, the court held that defendant was entitled to a reduction in his probationary peri-od.
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Publication Date: 2021-01-06
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Adam Balick, Michael Collins Smith, Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE; Bartholomew J. Dalton, Ipek Kurul, Andrew C. Dalton, Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for plaintiffs.
for defendant: Timothy A. Sullivan III, Wilbraham, Lawler & Buba, P.C., Wilmington, DE for defendant.
Case Number: D69247
Evidence of daily exposure to asbestos-containing products allegedly manufactured by defendant's predecessor-in-interest was sufficient to overcome the de minimis threshold to establish causation.
Publication Date: 2020-12-30
Practice Area: Personal Injury
Industry: Non-Profit
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Frederick S. Freibott,Dennis A. Mason, II, The Freibott Law Firm, Wilmington, DE for plaintiff.
for defendant: Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for defendant.
Case Number: D69241
The court dismissed plaintiff's negligence claims against a nonprofit animal shelter after she sustained inju-ries from a dog bite, but allowed plaintiff an opportunity to replead one of her claims.
Publication Date: 2020-07-08
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Cargo and Shipping | Transportation
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Sabrina M. Hendershot and Donna L. Culver, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Anthony J. Dutra and Neal L. Wolf, Hanson Bridgett LLP, San Francisco, CA for plaintiff.
for defendant: Jose F. Bibiloni, Blank Rome LLP, Wilmington, DE; John E. Lucian, Blank Rome LLP, Philadelphia, PA for defendant.
Case Number: D69041
An unsecured creditor could not assert a claim for unjust enrichment against a secured creditor.
Publication Date: 2020-04-08
Practice Area: Contractual Disputes
Industry: E-Commerce | Retail
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE for plaintiff.
for defendant: Ann M. Kashishian, Kashishian Law, LLC, Wilmington, DE for defendant.
Case Number: D68941
The court denied defendant's motions to amend its answer based on undue delay, prejudice and bad faith.
Publication Date: 2020-03-25
Practice Area: Employment Litigation
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Sean A. Meluney and Matthew D. Beebe, Benesch Friedlander Coplan & Aronoff, LLP, Wilmington, DE; Scott R. Matthews, Windels Marx Lane & Mittendorf, LLP, New York, NY for plaintiff.
for defendant: James M. Yoch, Jr. and Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Lindsay Neinast, Littler Mendelson PC, Washington, DC for defendant.
Case Number: D68925
The court lacked personal jurisdiction over a non-resident company manager, and it granted motions to dismiss as to indemni-fication and defamation claims. However, plaintiff adequately stated a wage claim.
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