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Publication Date: 2023-05-30
Practice Area: Contracts
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Kevin S. Mann, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiff.
for defendant: Krista M. Reale, Tara D. McManamy, Margolis Edelstein, Wilmington, DE for defendant.
Case Number: N22C-06-084 CEB
Subcontractor had express contractual obligation to indemnify general contractor pursuant to the parties' contract after the subcontractor's subcontracted materials supplier damaged the site owner's property and the site owner obtained financial recovery from the general contractor.
Publication Date: 2023-05-02
Practice Area: Personal Injury
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for plaintiffs.
for defendant: Sarah A. Fruehauf, Deputy Attorney General, Wilmington, DE for defendant.
Case Number: N22C-06-092 CEB
State was not required to prove reasonable efforts by Insurance Coverage Determination Committee before moving to dismiss trip and fall case on grounds of sovereign immunity.
Publication Date: 2023-02-14
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Lisa C. McLaughlin, Todd L. Goodman, Phillips Mclaughlin & Hall, P.A., Wilmington, DE for plaintiff.
for defendant: Brian T. McNelis, Young & McNellis, Dover, DE for defendant.
Case Number: N21C-06-006 CEB
The court granted defendant's motion for summary judgment finding that plaintiff insurer could not bring a subrogation claim against defendant renter whose rent payments contributed to the apartment complex's insurance premium.
Publication Date: 2023-02-07
Practice Area: Wrongful Death
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Madeline R. Silverman, Gordon Fournaris & Mammarella, P.A., Wilmington, DE; Michael P. Minuti, McCan Dillon Jaffe & Lamb, LLC, Wilmington, DE for plaintiffs.
for defendant: Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendant.
Case Number: N21C-03-233 CEB
Public Readiness and Emergency Preparedness Act of 2005 did not afford immunity to nursing homes for residents' COVID-19 deaths allegedly caused by negligent infection control procedures.
Publication Date: 2023-01-17
Practice Area: Damages
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Esq. P.A., Wilmington, DE for plaintiff.
for defendant: Michael C. Heyden, Jr., Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendant.
Case Number: N21C-07-011 CEB
Technician negligence that led to fuel oil spill in home did not rise to the level of wanton disregard or malice to support an award of punitive damages.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2022-12-27
Practice Area: Creditors' and Debtors' Rights
Industry: Energy | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jeffrey S. Cianciulli, Weir Greenblatt Pierce LLP, Wilmington, DE for plaintiffs.
for defendant: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Jonathan L. Scher, The Scher Law Firm, LLP, Carle Place, NY for defendant.
Case Number: N21C-09-060 CEB
Contractual fraud claims arising from corporate investments were dismissed where plaintiffs presented no evidence to show that corporate officers knew pre-contractual representations were false or that plaintiffs were unaware of the company's precarious financial situation or the right of the company to modify the parties' agreement without plaintiffs' consent.
Publication Date: 2022-12-13
Practice Area: Employment Litigation
Industry: Biotechnology | Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael W. McDermott, David B. Anthony, Berger Harris LLP, Wilmington, DE; Bryan J. Wick, Jack Lilley, Wick Phillips Gould & Martin, LLP, Dallas TX for plaintiff.
for defendant: Blake Rohrbacher, Samuel J. Gray, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Messerli, The Messerli Law Firm, Trophy Club, TX for defendant.
Case Number: N21C-12-131 CEB
Suit for wages and severance pay was not dismissed where employer identified no condition precedent to terminated employee's right to receive wages, and where there were outstanding issues of material fact concerning whether employer had materially breached the parties' contract, entitling employee to receive separation pay.
Publication Date: 2022-08-23
Practice Area: Contracts
Industry: Distribution and Wholesale | Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson LLP, Wilmington, DE; Kevin G. O’Donovan, Palmer Biezup & Henderson LLP, Philadelphia, PA for plaintiff.
for defendant: Elizabeth A. Sloan, Brittany M. Guisini, Ballard Spahr, LLP, Wilmington, DE; Matthew D. Knepper, Tanya Maerz, Husch Blackwell, LLP, St. Louis, MO; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE. for defendants.
Case Number: D69926
Court granted in part and denied in part summary judgment motions in a case arising out of product destruction at a warehouse.
Publication Date: 2022-07-19
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Mark A. Denney, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
for defendant: Eugene J. Maurer, Jr., Eugene J. Maurer, Jr., P.A., Wilmington, DE for defendant.
Case Number: D69893
Former police officer could not rely on protections for statements to internal affairs investigators afforded by Garrity v. New Jersey, where the police officer was alleged to have made false statements and the Fifth Amendment only protected against self-incrimination through truthful statements.
Publication Date: 2022-04-26
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Tyler Sacchetta, Sacchetta & Baldino, Wilmington, DE for plaintiff.
for defendant: Arthur D. Kuhl, Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
Case Number: D69795
The court found that the prevailing party, when an underinsured motorist claim resulted in a plaintiff's verdict but at an amount less than the damages paid by the tortfeasor, was the defendant insurance company who issued the UIM policy.
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