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Publication Date: 2021-03-03
Practice Area: Labor Law
Industry: Food and Beverage
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: James R. Donovan, Alexis N. Stombaugh, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for plaintiff
for defendant: Joseph Andrews, Taylor E. Trapp, Law Office of Joseph Andrews, Dover, DE for defendant.
Case Number: D69310
Industrial Accident Board's credibility determinations finding claimant not credible and crediting employer's medical expert's opinion over claimant's expert provided sufficient basis to grant employer's petition to terminate benefits.
Publication Date: 2021-01-13
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Kevin Smith, Dep’t of Justice, Dover, DE for the state.
for defendant: Stephanie Blaisdell, Dover, DE for defendant.
Case Number: D69259
Holding an evidentiary hearing virtually did not violate a criminal defendant's constitutional rights.
Publication Date: 2020-07-01
Practice Area: Personal Injury
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Edward C. Gill of Law Office, Edward C. Gill, P.A., Georgetown, DE for plaintiff.
for defendant: Shae Chasanov, Swartz Campbell LLC, Wilmington, DE for defendant.
Case Number: D69035
The objective evidence indicated that the parties entered into a binding settlement regarding injuries sustained by plaintiff in a motor vehicle accident.
Publication Date: 2020-05-13
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Christel Duff, Dep’t of Justice, Dover, DE for the state.
for defendant: Ronnier Henry, Seaford, DE, pro se defendant.
Case Number: D68981
The trial court improperly granted a motion to suppress, because an on-duty paramedic was a government actor and he had probable cause to detain defendant. Reversed and remanded.
Publication Date: 2020-03-18
Practice Area: Insurance Litigation
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John S. Spadaro of John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE; John D. Balaguer, White & Williams, LLP, Wilmington, DE; Ed-ward M. Koch, White & Williams, LLP, Philadelphia, PA for defendant.
Case Number: D68914
The jury's verdict of $500,000 in punitive damages shocked the conscience because it was so disproportionate to the compen-satory damages. The court granted defendant's motion for a new trial on the issues of both liability and damages, because plain-tiff's counsel made inflammatory remarks during closing argument which likely prejudiced the jury.
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Publication Date: 2020-03-04
Practice Area: Environmental Law
Industry: Retail
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
for defendant: Mark F. Dunkle, Elio Battista, and Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendants Service Energy, LLC and STTCPL, LLC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Coastal Pump and Tank, Inc.
Case Number: D68896
Gas station owner was bound to environmental contamination settlement agreement where owner failed to present evidence that any new contamination arose as a result of tenant's activities.
Publication Date: 2020-01-15
Practice Area: Legal Malpractice
Industry: Legal Services
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for plaintiff.
for defendant: Colleen D. Shields, Gary W. Lipkin and Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE for de-fendant.
Case Number: D68843
In this legal malpractice matter involving an attorney's alleged failure to include a waiver provision in a premarital agreement, plaintiff failed to prove that his former wife would have accepted the term.
Publication Date: 2019-11-20
Practice Area: Fee Disputes
Industry: Food and Beverage | Manufacturing
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE, for appellant.
for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE, attorney for appellee.
Case Number: D68774
The Industrial Accident Board erred in awarding attorneys' fees that exceeded 30 percent of the amount on an "issue" in which a claimant obtained a recovery greater than that offered by the employer prior to hearing.
Publication Date: 2019-10-02
Practice Area: Insurance Litigation
Industry: Construction | Insurance
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John S. Spadaro ,John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE for defendant.
Case Number: D68724
The court denied an insurer's motion for summary judgment, because factual issues existed regarding whether the insurer act-ed recklessly and in bad faith.
Publication Date: 2019-08-28
Practice Area: Products Liability
Industry: Chemicals and Materials | Distribution and Wholesale | Manufacturing
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE for plaintiff.
for defendant: Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE for defendant.
Case Number: D68684
In this asbestos litigation, the manufacturer of a bulk product complied with its duty to warn.
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