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  • Long v. Fulton Bank, N.A.

    Publication Date: 2021-06-09
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: David A. White, Matthew J. Rufino, McCarter & English, LLP, Wilmington, DE for plaintiffs.
    for defendant: Jared T. Green, R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.
    Case Number: D69427

    Where plaintiffs delayed approximately seven years before terminating a lease for nonpayment of rent, they breached an agreement, but factual questions remained on the issue of waiver, so the court declined to grant judgment in favor of defendant.

  • Stevens v. Estate of Dalious

    Publication Date: 2021-05-26
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Robert C. Collins, II, Schwartz & Schwartz, P.A., Wilmington, DE for plaintiffs.
    for defendant: Kenneth M. Doss, Daniella C. Spitelli, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendant.
    Case Number: D69412

    The court granted summary judgment on an insurer's claim regarding uninsured motorist benefits because the insured did not identify any negligence on the part of the driver of a phantom vehicle.

  • State of Delaware, ex rel. Jennings v. Capriglione

    Publication Date: 2021-05-19
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Mark A. Denny, Jr., David C. Skoranski, Dep’t of Justice, Wilmington, DE for petitioner.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for respondent Capriglione. N. Christopher Griffiths, Daniel R. Stanek, Connolly Gallagher LLP, Wilmington, DE for respondent Town of Newport.
    Case Number: D69402

    A conviction for the misdemeanor of official misconduct qualified as an "infamous crime" within the mean-ing of the Delaware constitution, so the individual was precluded from subsequently holding public office.

  • Naughton v. GEM Ambulance, LLC

    Publication Date: 2021-05-12
    Practice Area: Motor Vehicle Torts
    Industry: Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Michael P. Minuti, McCann & Wall LLC, Wilmington, DE for plaintiff.
    for defendant: Roger D. Landon, Murphy & Landon, Wilmington, DE; Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: D69394

    The court granted summary judgment in favor of an ambulance company and an insurer because plaintiff failed to demonstrate any genuine issue of material fact regarding his negligence claims.

  • Cook v. J and V Trucking Co., Inc.

    Publication Date: 2021-04-21
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Leroy A. Tice, Charles H. Toliver, IV, Leroy A. Tice, Esquire, Wilmington, DE for plaintiffs.
    for defendant: Tiffany M. Shrenk, MacElree Harvey, Ltd., Centreville, DE; Amy M. Taylor, Heckler & Fabrizzio, Wilmington, DE for defendants.
    Case Number: D69367

    Plaintiff could not hold employer liable under respondeat superior for injuries inflicted by employee who started a physical altercation where employer had express policies against fighting or threating behavior, making employee's decision to start the altercation outside the scope of his employment.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Alside Supply Ctr. v. Bottomley

    Publication Date: 2021-04-14
    Practice Area: Labor Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Morgan Sack, Cipriani & Werner, P.C., Wilmington, DE for appellant.
    for defendant: Nicholas M. Krayer, Pratcher Krayer LLC, Wilmington, DE for appellee.
    Case Number: D69358

    Claimant entitled to workers' compensation for injuries suffered in assault upon arriving to work by unknown attackers where conflicts with other employees indicated that co-workers may have arranged for the assault, along with the lack of security at employer's facility supporting finding that the injuries arose from the course of employment.

  • Finney v. Delaware Dep't of Transp.

    Publication Date: 2021-02-17
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: Allison J. McCowan, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69296

    The Merit Employee Relations Board erred in denying a grievant leave to amend his appeal to add claims based solely on the grievant's purported delay in asserting such claims, where the interests of justice favored amendment and employer would not have been substantially prejudiced.

  • Quaile v. TBC Corp.

    Publication Date: 2020-11-25
    Practice Area: Occupational Safety and Health
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Scerba, LLC, Wilmington, DE for claimant.
    for defendant: Paul V. Tatlow, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for employer.
    Case Number: D69204

    The Industrial Accident Board erred in requiring a claimant to prove an ongoing condition to recover per-manent impairment benefits, so the court reversed and remanded.

  • Neylon v. Zabel

    Publication Date: 2020-11-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: James P. Hall, Phillips Goldman McLaughlin & Hall P.A., Wilmington, DE for plaintiff.
    for defendant: Gregory S. McKee, Katherine J. Sullivan, Wharton Levin Ehrmantrout & Klein, P.A., Wilmington, DE for de-fendants.
    Case Number: D69194

    Plaintiff's settlement agreement in a separate personal injury proceeding against another entity did not preclude her malpractice claims against defendants.

  • Langston v. Exterior Pro Solutions, Inc.

    Publication Date: 2020-11-04
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Thomas E. Hanson, Jr., Barnes & Thornburg LLP, Wilmington, DE for plaintiff.
    for defendant: Victoria K. Petrone, Brian V. DeMott, Baird Mandalas Brockstedt LLC, Wilmington, DE for defendant.
    Case Number: D69178

    A complaint and its accompanying documents together enabled the calculation of a sum certain for damag-es, so plaintiff was entitled to a default judgment in that amount.