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  • Cuppels v. Mountaire Corp.

    Publication Date: 2020-07-15
    Practice Area: Civil Procedure
    Industry: Agriculture
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt, Baird Mandalas, Brockstedt, Lewes, DE; Philip C. Federico and Brent Ceryes, Schochor, Federico and Staton, P.A., Baltimore, MD for plaintiffs.
    for defendant: F. Michael Parkowski and Michael W. Teichman, Parkowski, Guerke & Swayze, P.A., Wilmington, DE; Lisa C. McLaughlin, Todd L. Goodman, John C. Phillips, Jr., Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, De; James R. Wedeking, Sidley Austin, LLP, Washington, DC for defendants.
    Case Number: D69047

    Court ordered sanctions where five discovery orders were required to get defendants to produce responsive documents, after defendants had engaged in redaction of responsive documents on the basis of relevance without any legal authority to engage in such redaction.

  • Bradford v. Beebe Med. Ctr.

    Publication Date: 2020-06-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Thomas Michael Bradford, Washington, DC, pro se plaintiff
    for defendant: Bradley J. Goewert and Catherine M. Cramer, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Beebe Medical Center. John D. Balaguer and Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants Haldar and Cathcart.
    Case Number: D69023

    Defendant hospital dismissed from medical malpractice action where complaint was filed outside statute of limitations and plaintiff's notice of investigation to extend limitations window failed to identify hospital as a potential defendant.

  • State of Delaware v. Reed

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Caroline Brittingham and Nichole Gannett, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: N/A
    Case Number: D69019

    The court denied defendant's motions to withdraw his guilty plea and for post-conviction relief, because his sentence was just under the circumstances.

  • First State Orthopaedics v. Employers Ins. Co. of Wausau

    Publication Date: 2020-05-27
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John S. Spandaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; D. Andrew Hatchett, Tiffany Powers and Robert Poole, Alston & Bird, Atlanta, GA for defendants.
    Case Number: D68994

    Defendants' voluntary cessation of a business practice did not cause the parties' controversy to become moot, because defendants left open the possibility of returning to that practice in the future.

  • Gala v. Delaware Bd. of Med. Licensure &Discipline

    Publication Date: 2020-05-20
    Practice Area: Regulation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Benjamin A. Schwartz and Gwendolyn Osborn-Gustavson, Schwartz & Schwartz, Attorneys at Law, P.A., Dover, DE for appellant.
    for defendant: Patricia A. Davis, Delaware Deputy State Solicitor, Dover, DE for appellee.
    Case Number: D68984

    Medical board did not err in revoking doctor's license where it expressly declined to rely on improper factual findings by hearing officer and where sufficient evidence existed to support finding that doctor engaged in inappropriate sexual relationship with a patient in exchange for opioid prescriptions.

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  • Cuppels v. Mountaire Corp.

    Publication Date: 2020-04-29
    Practice Area: Environmental Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt and Stephen A. Spence, Baird Mandalas Brockstedt, Lewes, DE for plaintiff.
    for defendant: Devera B. Scott and William J. Kassab, Department of Justice, Dover, DE for non-party movant.
    Case Number: D68960

    Plaintiffs alleging injury from environmental violations were entitled to subpoena records from the Delaware Department of Natural Resources relating to its settlements with the defendants in plaintiffs' injury action.

  • Rehoboth Bay Homeowners' Ass'n v. Hometown Rehoboth Bay, LLC

    Publication Date: 2020-04-01
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Olga K. Beskrone, Community Legal Aid Society, Inc., Wilmington, DE for appellant homeowners.
    for defendant: Michael P. Morton, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee landowner.
    Case Number: D68929

    The court affirmed an arbitrator's decision regarding a rent increase under the Rent Justification Act, because it was supported by substantial evidence of expenses directly related to capital improvements involving a manufactured home community.

  • Doe v. Bicking

    Publication Date: 2020-02-05
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Retail
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs. Christian J. Singlewald, White and Williams LLP, Wilmington, DE for defendants Riley Cote and High Performance Hockey Skate & Skill.
    for defendant: Nancy Chrissinger Cobb, Law Offices of Chrissinger & Baumberger, Wilmington, DE for defendant The Pro Shop at The Pond.
    Case Number: D68863

    Business could be vicariously liable for alleged sexual molestation by one of its owners who drew a salary and managed the business' operations.

  • State of Delaware v. Jones

    Publication Date: 2019-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kathryn J. Garrison, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    Case Number: D68821

    The state had a tacit understanding with a prison informant that it would assist with the reduction of the in-formant's sentence if he testified against defendant, but the state failed to disclose this to defendant.

  • Allmaras v. Bd. of Adjustment of Sussex County

    Publication Date: 2019-11-27
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Joseph J. Rolla, Lewes, DE, Janice Allmaras, Lewes, DE, Robert Viscount, Lewes, DE, pro se petitioners
    for defendant: James P. Sharp, Moore & Rutt, P.A., Georgetown, DE for respondent.
    Case Number: D68782

    Petitioners were not entitled to use relation-back doctrine to bring amended land use complaint naming the landowner as a respondent within the 30-day deadline for appeal of the land use decision where the court rule required there be a mistake as to the identity of the correct party and there was no mistake in the present case over the landowner's identity.