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Publication Date: 2024-10-08
Practice Area: Personal Injury
Industry: Consulting | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Brian E. Farnan, Michael Farnan, Rosemary J. Piergiovanni, Farnan LLP, Wilmington, DE; Stephen Shackelford, Susman Godfrey L.L.P., New York, NY for plaintiffs.
for defendant: Joe P. Yeager, Margolis Edelstein, Wilmington, DE for defendant.
Case Number: N21C-09-206 DJB
Plaintiffs adequately proved claim of defamation where defendant's litigation filings that contained untrue statements had the effect of maligning plaintiffs' reputation and thus could be reasonably understood by a third party as defamatory.
Publication Date: 2024-07-16
Practice Area: Securities Litigation
Industry: Food and Beverage | Investments and Investment Advisory | Manufacturing
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Andrew L. Cole, Stacy L. Newman, Michael E. Fitzpatrick, Nathaniel J. Klepser, Cole Schotz PC, Wilmington, DE; J. Michael Pardoe, Cole Schotz PC, Baltimore, MD for plaintiffs.
for defendant: Marc Casarino, Katie Barksdale, Kennedys CMK LLP, Wilmington, DE for defendants.
Case Number: N23C-02-086 DJB
Investment fraud claims failed where alleged misrepresentations did not constitute actionable fraud and plaintiffs could not plead justifiable reliance due to their failure as sophisticated parties to conduct due diligence into the company's financials and business operations.
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.
Publication Date: 2023-10-23
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: James Betts, Department of Justice, for the State of Delaware.
for defendant: James M. Stiller for defendant.
Case Number: 2211005299
A reasonable, articulable suspicion existed to conduct a DUI investigation when defendant purposefully popped his muffler as he drove raising the equipment violation to the level of impaired judgment. Defendant's motion to suppress denied.
Publication Date: 2023-08-14
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Janet Charlton, Michael Pak, McCabe, Weisberg & Conway, LLC, Wilmington, DE for plaintiffs.
for defendant: Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville DE for defendant.
Case Number: N20L-10-029 DJB
Although mortgagor should have been noticed in second foreclosure action filed against purchaser at first sheriff's sale, the mortgagor's failure to participate in prior foreclosure action and purchaser being placed on constructive notice of potential mortgage liens on the property meant no interested party was prejudiced by the defect.
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Publication Date: 2023-03-14
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Lawrance Kimmel, Linda Malkin, Kimmel Carter Roman Peltz & O’Neill PA, Christiana, DE for plaintiffs.
for defendant: Amy Taylor, Heckler & Frabizzio, Wilmington, DE: Kevin Connors, Marshal Dennehy Warner Coleman & Goggin, Wilmington, DE; Annice Mae Mattus, Castell Abner, J. Scott Shannon, Lee Shoemaker, Washington, DC; Jeffrey G. Granillo, Chambliss Bahner & Stophel, P.C., Chattanooga, TN for defendants.
Case Number: N20C-01-272 DJB
Components suppliers not entitled to indemnification from employer against employee's product liability claims, where there was no basis for express indemnification under the exclusivity provisions of the workers' compensation act nor a basis to find implied contractual indemnification.
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: 2022-10-18
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for plaintiff.
for defendant: Peter Schaeffer, Avenue Law, Dover, DE for defendant.
Case Number: K22C-01-009 DJB
Court denied a motion to dismiss filed by defendant real estate agent seeking to dismiss claims filed by plaintiff clients claiming defendant failed to inform them of defects in in the home prior to purchasing the property.
Publication Date: 2022-05-17
Practice Area: Labor Law
Industry: Construction | Insurance
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Elissa A. Greenberg, Elzufon Austin & Mondell, PA for plaintiff.
for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel Carter Roman Peltz & O’Neill, PA; William A. Crawford, Franklin & Prokopik for defendants.
Case Number: D69815
Employer's workers' compensation insurer was not entitled to assert a lien on any underinsured motorist coverage recovery obtained by an injured worker from the employer's auto insurer, where the Workers' Compensation Act only permitted reimbursement from a third-party tortfeasor or their insurer.
Publication Date: 2022-01-04
Practice Area: Contracts
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff:
for defendant:
Case Number: D69666
The court held that 1) defendant did not breach its contract with plaintiff by failing to allow plaintiff to assume control of a pre-closing tax matter, 2) plaintiff failed to plead damages, 3) allegations of breach of lease agreements were dealt with in a previous settlement agreement so could not be re-litigated, 4) plaintiff properly pled elements of breach of implied covenant of good faith but did not properly plead elements to support declaratory judgment or intentional infliction of emotional distress. Motion to dismiss granted
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