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Publication Date: 2023-12-18
Practice Area: Wrongful Death
Industry: Aerospace | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hendrick, Bove & Hendrick, Wilmington, DE; Joseph P. Musacchio, Anthony Tarricone, Kreindler & Kreindler, LLP; Kathryn E. Barnet, Morgan & Morgan, Douglas P. Desjardins, Pangia Law Group for plaintiff.
for defendant: Jeffrey L. Moyer, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan Nussbaum, Thompson Hine, LLP for defendants.
Case Number: N22C-09-008 JRJ
Court declined to apply choice of law provision in asset purchase agreement where chosen state bore no substantial relationship to the transactions or the parties to the transaction.
Publication Date: 2023-04-04
Practice Area: Contracts
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Phillip A. Giordano, Madeline R. Silverman, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
for defendant: William J. Rhodunda, Nicholas G. Kondraschow, Rhodunda Williams & Kondraschow, Wilmington, DE for defendant.
Case Number: N22L-06-019 JRJ
Court dismissed statement of claim for mechanic's lien where plaintiff added language stating that allegations were true and correct only to the best of plaintiff's knowledge, since statutory law prohibited the inclusion of qualifying language.
Publication Date: 2022-07-19
Practice Area: Labor Law
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Wasserman & Scerba, LLC, Wilmington, DE for plaintiff.
for defendant: Keri L. Morris-Johnston, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant.
Case Number: D69891
Injured worker was entitled to recover outstanding medical expenses not covered by private health insurance after employer wrongfully denied compensable injury.
Publication Date: 2022-06-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Onofrio de Gennaro, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE for plaintiffs.
for defendant: Phillip M. Casale, Morris James LLP, Wilmington, DE For defendant.
Case Number: D69843
Continuous medical treatment doctrine applied to render plaintiffs' claims timely where plaintiffs sufficiently alleged that the course of treatment stretched from an initial act of negligence to the patient's death.
Publication Date: 2022-05-31
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Sykema Young, pro se appellant.
for defendant: Emily K. Silverstein, White and Williams, LLP, Wilmington, DE; Victoria Groff, Department of Justice, Wilmington, DE for appellees.
Case Number: D69835
Appeal from referee's denial of unemployment benefits dismissed as untimely where applicant failed to demonstrate circumstances warranting the acceptance of her untimely appeal.
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Publication Date: 2021-11-09
Practice Area: Employment Litigation
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Donald E. Marston, Doroshow, Pasquale, Krawitz & Bhaya, Newark, DE for appellant.
for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, Wilmington, DE for appellee.
Case Number: D69601
The Industrial Accident Board's denial of claimant's request for continuance was not unreasonable or capricious where claimant's need for time to find a new medical expert did not constitute good cause.
Publication Date: 2021-09-08
Practice Area: Administrative Law
Industry:
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
for defendant: Nicholas E. Bittner, Heckler & Frabizzio, Wilmington, DE for appellee.
Case Number: D69531
The court affirmed a decision by the Industrial Accident Board regarding additional compensation for a low back injury be-cause the board's findings were supported by substantial evidence.
Publication Date: 2021-07-28
Practice Area: Administrative Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: John P. McCafferty, pro se petitioner, Claymont, DE.
for defendant: Jordan Perry, New Castle, DE for respondents.
Case Number: D69482
The court affirmed a decision by a county board because petitioner failed to demonstrate the proceeding was unconstitutional in any way.
Publication Date: 2021-07-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Joshua H. Meyeroff, Morris James LLP, Wilmington, DE for defendant.
Case Number: D69460
The court granted some of plaintiff's motions in limine in this medical negligence case, but denied other motions to exclude testimony.
Publication Date: 2021-06-16
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Michael J. Hood, Michael J. Hood, LLC, Elsmere, DE for plaintiffs.
for defendant: Sean A. Dolan, Mintzer Sarowitz Zeris Ledva & Meyers LLP, Wilmington, DE for defendant.
Case Number: D69434
A grocery store was not entitled to summary judgment because a jury had to decide whether the store act-ed as a reasonably prudent shopkeeper overseeing the activities of a third party.
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