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  • Estate of Barotz v. Vida Longevity Fund., L.P.

    Publication Date: 2022-11-22
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Joseph M. Kelleher, Cozen O’Connor, Philadelphia, PA for plaintiff.
    for defendant: David P. Primack, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Eric A. Biderman, James M. Westerlind, Julius A. Rousseau Arent Fox LLP, New York, NY for defendant.
    Case Number: N20C-05-144 EMD CCLD

    The court granted plaintiff estate's motion for summary judgment on the grounds that defendant corporation was not entitled to collect decedent's life insurance proceeds because under 18 Del. C. §2704, the insurance policy was void due to lack of an insurable interest.

  • Wu v. Delaware Tech. Cmty. Coll.

    Publication Date: 2022-11-01
    Practice Area: Personal Injury
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: N21C-07-045 EMD

    College was not liable under theories of negligence or fraud for phishing scheme that was enacted through hacking the college's email system, where student who fell victim to the scheme failed to identify any legal duty owed by the college or any fraudulent act committed by college officials.

  • Chapman v. AstraZeneca Pharm. LP

    Publication Date: 2022-10-18
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: N17C-04-320 PPI

    Medical expert testimony excluded where opinion was based on possibility rather than stated in terms of a reasonable degree of medical certainty.

  • Cipercen LLC v. Morningside Texas Holdings LLC

    Publication Date: 2022-09-27
    Practice Area: Contractual Disputes
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Timothy J. Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Matthew K. Wegner, Brown Wegner LLP, Irvine, CA for plaintiffs/third-party plaintiffs.
    for defendant: Patricia R. Urban., Megan Ix Brison, Pinckney Weidinger Urban & Joyce, Wilmington, DE; Jeffrey Hurt, Hurt & Berry, LLP, Dallas, TX for defendant/counterclaim plaintiff. Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Dennis D. Leone, Sunjay D. Trehan, Shankman Leone, P.A., Tampa, FL for third-party defendant.
    Case Number: N19C-12-074 EMD CCLD

    The court granted both parties' motions to dismiss a fraudulent inducement and breach of contract case.

  • US Dominion, Inc. v. Fox Corp.

    Publication Date: 2022-07-05
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Rodney Smolla, Wilmington, DE; Thomas A. Clare, Megan L. Meier, Dustin A. Pusch, Daniel P. Watkins, Clare Locke LLP, Alexandria, VA; Justin A. Nelson, Brittany Fowler, Susman Godfrey LLP, Houston, TX; Stephen Shackelford, Jr., Elisha Barron, Susman Godfrey LLP, New York, NY; Davida Brook, Susman Godfrey LLP, Los Angeles, CA; Stephen E. Morrissey, Susman Godfrey LLP, Seattle, WA for plaintiffs.
    for defendant: John L. Reed, Ronald N. Brown, III, DLA Piper LLP (US), Wilmington, DE; Eric M. George, Katherine A. Petti, Ellis George Cipollone O’Brien Annaguey LLP, Los Angeles, CA for defendants.
    Case Number: D69873

    Parent corporation could be held directly liable for defamation per se by subsidiary news outlet where parent company executives were alleged to be intimately involved in the outlet's operations and to have not believed the veracity or validity of the defamatory news broadcasts and articles.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • State v. Chattin

    Publication Date: 2022-07-05
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Matthew B. Frawley, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Joshua Chattin, DE, pro se defendant.
    Case Number: D69877

    Postconviction motion dismissed as untimely where alleged newly discovered evidence was either known to defendant at the time of conviction or was not relevant to the trial proceedings.

  • Knight Broadband LLC v. Knight

    Publication Date: 2022-06-14
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk, IV, Potter Anderson & Corroon LLP, Wilmington, DE; William C. O’Neil, Gretchen V. Scavo, Matthew Durkin, Winston & Strawn LLP, Chicago, IL for plaintiff.
    for defendant: Melissa D. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Timothy W. Weber, Joseph P. Kenny, Weber, Crabb & Wein, P.A., St. Petersburg, FL for defendants.
    Case Number: D69852

    Fraudulent misrepresentation claims dismissed where the alleged statements constituted forward-looking plans rather than existing facts and there was no evidence showing the speaker had no intention of fulfilling those plans.

  • ADGS, LLC v. Emery Silfurtun, Inc.

    Publication Date: 2022-05-24
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Christian J. Singewald, Kelly E. Rowe, White and Williams LLP, Wilmington, DE for plaintiff.
    for defendant: Blake Rohrbacher, Kelly E. Farnan, Valerie A. Caras, Richards, Layton & Finger, P.A., Wilmington, DE for defendants.
    Case Number: D69824

    Claims dismissed for lack of personal jurisdiction where no act or injury took place in Delaware, such that the court could not exercise jurisdiction over foreign entities under either a conduct-based or successor liability theory.

  • State of Delaware Ins. Coverage Office v. DiSabatino Constr. Co.

    Publication Date: 2022-03-29
    Practice Area: Contracts
    Industry: Construction | Insurance | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Allison McCowan, Sarah Fruehauf, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE; Timothy Jay Houseal, Jennifer M. Kinkus, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Michael J. Follet, Naulty, Scaricamazza & McDevitt, L.L.C., Wilmington, DE; Kenneth M. Doss, Casarino Christmas Shalk Ransom & Doss, P.A., Wilmington, DE, for defendants.
    Case Number: D69763

    Parties' manifested intent to be bound to contract form where use of the forms was contemplated by the project proposal and one party executed the contract forms at the explicit request of the other party.

  • Commerce Assoc., LP v. Hanover Ins. Co.

    Publication Date: 2022-03-08
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Paul D. Sunshine, Reger Rizzo & Darnell, LLP, Wilmington, DE; James L.Griffith, Jr., Reger Rizzo & Darnell, LLP, Philadelphia, PA for plaintiff.
    for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
    Case Number: D69735

    The court held that plaintiff LP was an insured under the policy entered into by the condominium council because a director of the LP was a member of the council.