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Publication Date: 2018-10-03
Practice Area: Expert Witnesses | Premises Liability
Industry:
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Kenneth M. Roseman for plaintiffs
for defendant: Tracy A. Burleigh, Marshall, Dennehey, Warner, Coleman & Goggin for defendant.
Case Number: D680306
Plaintiff established prima facie evidence of a dangerous condition in this slip-and-fall case.
Publication Date: 2018-09-05
Practice Area: Insurance Law
Industry: Financial Services and Banking | Insurance
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Joseph J. Bellew, Joseph Kelleher, Michael J. Miller, Charles J. Vinicombe, Gregory J. Star, Cozen O'Connor, attorneys for plaintiff
for defendant: Harry S. Davis and Robert E. Griffin, Schulte Roth & Zabel LLP; Kevin G. Abrams, John M. Seaman, and E. Wade Houston, Abrams & Bayliss LLP, attorneys for defendant.
Case Number: D68272
Estoppel counterclaims and affirmative defenses to action seeking to declare life insurance policy void ab initio struck and dismissed where validity of policy would preclude estoppel and invalidity of policy would grant no legal basis for relief.
Publication Date: 2018-06-06
Practice Area: Contractual Disputes
Industry: Distribution and Wholesale | Food and Beverage
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: John G. Harris, Sean A. Meluney for plaintiff
for defendant: Adam Balick for defendant.
Case Number: D68173
An oral contract for an indefinite term included a provision which allowed termination for good cause, so this made it possible for the contract to be performed within one year, rendering the statute of frauds inapplicable.
Publication Date: 2018-05-30
Practice Area: Criminal Law | Evidence
Industry:
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Michael B. DegliObizzi for the state
for defendant: Michael W. Modica for defendant.
Case Number: D68163
Information obtained from a vehicle's crash sensing device was admissible because the accuracy of the device had been tested, the results of such tests had been published in peer-reviewed publications, the tests established the device's known error rates, a governmental agency had established rules regarding this technology, and such devices were widely used in the automobile industry.
Publication Date: 2018-04-11
Practice Area: Class Actions | Employment Litigation
Industry: Chemicals and Materials
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Robert K. Beste and Jonathan Landesman for plaintiffs
for defendant: Stephanie E. O'Byrne and Kathleen Furey McDonough for defendant.
Case Number: D68105
Plaintiffs in this class action matter were entitled to pursue recovery of severance pay under state wage law, and their claims were filed within the statute of limitations.
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Publication Date: 2018-03-28
Practice Area: Class Actions
Industry: Biotechnology
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Daniel C. Herr and Jack D. McInnes for plaintiffs and the putative class
for defendant: Elizabeth S. Fenton, Danielle N. Petaja, Matthew J. Hank and Helga P. Spencer for defendant.
Case Number: D68093
The choice-of-law provision in the parties employment contracts did not extend the reach of another states labor statutes where that states statutes and case law expressed an intent to narrowly limit their application.
Publication Date: 2018-02-07
Practice Area: Banking and Finance Laws | Commercial Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Jamie L. Edmonson, Jessie F. Beeber, Patrick J. Boyle and Adam G. Possidente for plaintiff
for defendant: Alexander D. Bono, Ryan E. Borneman, Lynne E. Evans, Oderah C. Nwaeze and Mackenzie M. Wrobel for defendant.
Case Number: D68034
Plaintiffs negligence claim against a bank that provided electronic services was barred by the terms of the parties agreement and also preempted by the UCC.
Publication Date: 2018-01-17
Practice Area: Products Liability
Industry: Biotechnology | Health Care
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni PA; Christine V. Clarke and Chris A. Gomez, Kline & Specter, PC, attorneys for plaintiff
for defendant: Colleen D. Shields, Eckert Seamans Cherin & Mellott, LLC, attorneys for defendant.
Case Number: D68007
Jury verdict in favor of defendant in medical products liability case not against weight of evidence, where jury could find that complication rate of plaintiffs specific injury of less than one percent was not indicative of the products dangerousness, and could believe testimony that it was reasonable for defendant to rely on clinical testing of similar devices.
Publication Date: 2017-12-13
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Bartholomew J. Dalton and Laura J. Simon, Dalton & Associates; Larry E. Coben and Gregory S. Spizer, Anapol Weiss, attorneys for plaintiff
for defendant: Michael J. Logullo, Rawle & Henderson LLP; George T. Lees III, Logan & Petrone, LLC, attorneys for defendants.
Case Number: D67966
Implied primary assumption of risk did not insulate alleged tortfeasor from liability for recklessness, since duty to protect from harm inherent in dangerous activity, eliminated by the primary assumption of risk, was distinct from duty not to increase risk of harm through intentional or reckless conduct.
Publication Date: 2017-11-29
Practice Area: Contractual Disputes | Environmental Law
Industry: Transportation
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Richard L. Renck, Christopher M. Winter, and Mackenzie M. Wrobel, Duane Morris LLP; Paul L. Feldman, Gary S. Matsko, and Christopher J. Marino, Davis Malm & D'Agostine, P.C., attorneys for plaintiff
for defendant: Ann L. Al-Bahish and Lauren K. Valastro, Kelley Drye/Jackson Gilmour & Dobbs; Norton A. Colvin and Mitchell C. Chaney, Colvin, Chaney, Saenz & Rodriguez, LLP; Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A.; James W. Semple, Cooch and Taylor, P.A., attorneys for defendant.
Case Number: D67951
Defendant not entitled to new trial where jury verdict not against great weight of evidence, as jury accepted, in part, defendants argument that plaintiffs costs were unreasonable, by reducing the amount of damages plaintiff sought.
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