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  • Grabowski v. J.J. White, Inc.

    Publication Date: 2018-12-12
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and Katherine L. Hemming, Gary S. Nitsche, P.A., Wilmington, DE for appellant.
    for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: D68384

    The Industrial Accident Board was justified in finding a course of opioid prescription treatment was not reasonable or necessary where it failed to resolve claimant's pain and instead resulted in drug dependency.

  • Franco v. Acme Markets, Inc.

    Publication Date: 2018-11-21
    Practice Area: Premises Liability
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and William Stewart, III of Gary S. Nitsche, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Michael J. Logullo of Rawle & Henderson, LLP, Wilmington, DE, attorney for defendant.
    Case Number: D68360

    Defendant's motion to dismiss denied where plaintiffs filed an amended complaint adding defendant as a party within 120 days of the expiration of the applicable statute of limitations and therefore could assert their claims against defendant under the relation back doctrine.

  • Giles & Ransome v. Kalix

    Publication Date: 2018-10-31
    Practice Area: Labor Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: H. Garrett Baker, Elzufon Austin & Mondell, P.A., Wilmington, DE, attorney for appellant
    for defendant: Donald E. Marston and James R. Donovan, Doroshow Pasquale Krawitz & Bhaya, Bear, DE, attorneys for appellee.
    Case Number: D68334

    Industrial Accident Board's decision ordering employer to reimburse injured employee for full cost of medical marijuana supported by credible evidence where board credited employee's testimony that high initial consumption was due to experimentation to find correct dosage and active ingredients.

  • In re Talc Product Liab. Litig.

    Publication Date: 2018-09-26
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: R. Joseph Hrubiec, W. Steven Berman, Hunter J. Shkolnik, Napoli Shkolnik, LLC; Raeann Warner, Ja-cobs & Crumplar, P.A., for plaintiffs
    for defendant: Michael P. Kelly, Daniel J. Brown and Jessica D. Miller, Skadden, Arps, Slate, Meagher & Flom, LLP., for Johnson & Johnson defendants.
    Case Number: D68298

    The court dismissed claims by nonresident plaintiffs for lack of personal jurisdiction over certain defendants, and it also granted a motion by those defendants for a protective order to quash jurisdictional discovery.

  • Zavala v. Port to Port Intl Corp.

    Publication Date: 2018-04-18
    Practice Area: Administrative Law
    Industry: Cargo and Shipping
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lauren E.M. Russell for Port to Port Int'l Corp.
    for defendant: Carla Jarosz for Unemployment Ins. Appeal Bd.
    Case Number: D68117

    Substantial evidence existed to support agencys determination that the claimant was terminated from her em-ployment for cause and was not entitled to receive unemployment benefits.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • State of Delaware v. Andre Murray

    Publication Date: 2018-04-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Erika R. Flaschner for the state
    for defendant: Ross A. Flockerzie for defendant.
    Case Number: D68116

    Law enforcement officer was unable to articulate an objective reason for stopping a pedestrian whom the of-ficer believed was carrying a gun.

  • Brechner v. Phoenix Network Sols. LLC

    Publication Date: 2017-12-13
    Practice Area: Creditors' and Debtors' Rights
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Neil R. Lapinski, Gordon Fournaris & Mammarella, P.A., Wilmington, DE, attorney for plaintiff
    for defendant: Richard M. Beck and Sean M. Brennecke, Klehr Harrison Harvey Branzburg, LLP, Wilmington, DE, attorneys for defendants.
    Case Number: D67967

    Defendants motion for summary judgment denied where loan agreement provisions among the parties effectively obligating related non-party to protect its interest in senior debt created a factual dispute over the predicate conditions for plaintiffs right to bring suit against defendants for amounts due under a subordinated note.

  • Cody v. Hardy

    Publication Date: 2017-12-06
    Practice Area: Motor Vehicle Torts
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Heather A. Long, Kimmel, Carter, Roman, Peltz & O'Neill, Christiana, DE, attorney for plaintiff
    for defendant: Michael Busenkell, Geller Scali Busenkell & Brown, LLC, Wilmington, DE; Donald M. Ransom and Michael J. Hendee, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE, attorneys for defendant.
    Case Number: D67959

    Court declined to grant summary judgment to employer pleaded into motor vehicle tort action under theory of respondeat superior where there was genuine dispute of material fact as to whether employees trip to grocery store during out-of-state work trip was part of course and scope of employment.