• 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.

  • 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.

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    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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  • 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.

  • Fisher v. Emory Hill Real Estate Servs., Inc.

    Publication Date: 2022-03-08
    Practice Area: Personal Injury
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69739

    Sovereign immunity barred trip and fall claim against the state where it lacked insurance to cover the claim and therefore had not waived immunity.

  • Feenix Payment Sys. LLC v. Blum

    Publication Date: 2022-02-08
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Thomas A. Uebler, Kathleen A. Murphy, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE for plaintiffs.
    for defendant: John A. Sensing, Jesse L. Noa, Potter Anderson & Corroon, Wilmington, DE for defendant.

    Case Number: D69706

    The court held that the absolute litigation privilege barred tort defamation claims made by plaintiff but that the privilege did not bar plaintiffs' claims for violations of nondisparagement and confidentiality clauses when defendant was allegedly in-strumental in a letter being sent to plaintiffs' lenders that disclosed damaging information about plaintiffs.

  • Venator Materials PLC v. Tronox Ltd.

    Publication Date: 2022-01-25
    Practice Area: Contractual Disputes
    Industry: Chemicals and Materials | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Ross, Garrett B. Moritz, S. Michael Sirkin, Adam D. Gold, S. Reiko Rogozen, Ross Aronstam & Moritz LLP, Wilming-ton, DE for plaintiff/counterclaim defendant.
    for defendant: Patricia A. Winston, Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE, Glen Silverstein, Michael J. Tiffany, Stephanie L. Gase, Daniel A. Johnson, Leader Berkon Colao & Silverstein LLP, New York, NY for defendant/counterclaim plaintiff.

    Case Number: D69689

    The court held that one of plaintiff's motions in limine was premature as issues of relevancy and prejudice raised by plaintiff were better resolved at trial and the other motion in limine to exclude purported expert was without basis because the witness's background clearly made him an expert in the area where he planned to testify. Opposed motions in limine denied.

  • Chambers v. Canal Athletic Ass'n Inc.

    Publication Date: 2022-01-25
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Philip T. Edwards, Murphy & Landon, Wilmington, DE; Samuel I. Reich, Laffey, Bucci & Kent, LLP, Philadelphia, PA for plaintiffs.
    for defendant: Matthew P. Donelson, Kent & McBride, P.C., Wilmington, DE; Thomas J. Gerard, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.

    Case Number: D69693

    Manufacturer of concession stand had no liability to party injured by the structure's window where the purchaser of the stand specified that no securing latch be installed for the window and subsequently fitted its own latch.