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  • Milton v. Alfred I. duPont Hosp. for Children

    Publication Date: 2024-11-19
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Raj Srivatsan, The Igwe Firm, Wilmington, DE for plaintiffs.
    for defendant: Lindsey E. Imbrogno, Balaguer, Milewski, & Imbrogno LLP, Wilmington, DE for defendants.
    Case Number: N21C-05-082 VLM

    Court dismissed plaintiffs' defamation claim, finding that medical providers were entitled to immunity as mandatory reporters under the Child Abuse Prevention Act as plaintiffs failed to overcome the presumption that the providers filed reports with Division of Family Services in good faith.

  • TAKRAF USA, Inc. v. FMC Tech., Inc.

    Publication Date: 2024-09-10
    Practice Area: Mergers and Acquisitions
    Industry: Cargo and Shipping | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Thad J. Bracegirdle, Bayard, P.A., Wilmington, DE; Chad I. Michaelson, Antoinette C. Oliver, Kate E. McCarthy, Meyer, Unkovic & Scott LLP, Pittsburgh, PA for plaintiff.
    for defendant: Samuel T. Hirzel, II, Elena M. Sassaman, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for defendant.
    Case Number: N24C-01-090 VLM CCLD

    Buyer plausibly alleged breach of asset purchase agreement where underlying litigation claimed that seller breached its contractual obligations to design and deliver a product, which in turn breached seller's representation that it was in compliance with its contractual obligations.

  • DDS Striker Holdings, LLC v. Verisk Analytics, Inc.

    Publication Date: 2024-09-10
    Practice Area: Mergers and Acquisitions
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Jeffrey L. Moyer, Travis S. Hunter, Wilmington, DE for plaintiffs.
    for defendant: Michael A. Barlow, Hayden J. Driscoll, Wilmington, DE for defendants.
    Case Number: N24C-02-130 VLM CCLD

    Sellers plausibly alleged fraud claim by asserting that buyers intentionally misrepresented the synergistic possibility of the parties' products to convince sellers that buyers could reach the proposed earnout targets.

  • Nivagen Pharm., Inc. v. Hikma Pharm USA Inc.

    Publication Date: 2024-04-22
    Practice Area: Contracts
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: John A. Sensing, Andrew M. Moshos, Wilmington, DE for plaintiff.
    for defendant: Dominick T. Gattuso, Elizabeth A. DeFelice, Wilmington, DE for defendant.
    Case Number: N23C-09-062 VLM CCLD

    Tortious interference claim against parent corporation failed where plaintiff failed to allege facts supporting an inference that parent acted to maliciously harm plaintiff or was knowingly acting outside its subsidiary's economic interests.

  • Citizens Against Solar Pollution v. Kent County

    Publication Date: 2023-10-30
    Practice Area: Land Use and Planning
    Industry: Energy | Non-Profit | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Richard L. Abbot, Abbot Law Firm, Hockessin, DE for plaintiffs.
    for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Richard A. Forsten, Wendie C. Stabler, James D. Taylor, Jr., Saul Ewing LLP, Wilmington, DE for defendants.
    Case Number: N23C-03-196 VLM

    Although plaintiffs failed to seek timely certiorari review of conditional use permit approval, transfer of the case from the chancery court after it concluded that it lacked subject matter jurisdiction because plaintiffs had an adequate remedy at law permitted the court to exercise its discretion to hear the case.

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  • Anderson v. GI Assoc. of Delaware, P.A.

    Publication Date: 2022-09-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, Wilmington, DE for plaintiffs.
    for defendant: Lorenza A. Wolhar, Bradley J. Goewert, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D69948

    Court denied defendant doctor's motion to dismiss petition arising out of a wrongful death case for a patient.

  • State v. Brown

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Colleen Durkin, Deputy Attorney General, Department of Justice, Wilmington, DE for State.
    for defendant: Meghan E. Crist, Assistant Public Defender, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69615

    The court held that factors such as defendant's maturity and lack of prior criminal record supported a finding that defendant can rehabilitate, making a transfer of defendant's criminal charges to Family Court under 10 Del. C. § 1011 appropriate.

  • State of Delaware v. Vazquez

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Amanda Buckworth, Department of Justice, Wilmington, DE for the state.
    for defendant: Meghan Crist, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69547

    The court granted a juvenile defendant's motion to transfer her criminal charges to family court because the evidence indicated defendant was amenable to the rehabilitative process of the family court.

  • State of Delaware v. Dunn

    Publication Date: 2021-07-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Erika Flaschner, Christina Ruggiero, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Monika Germono, Meghan Crist, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69461

    The court denied a juvenile defendant's motion to transfer criminal charges to family court, because prior attempts at rehabilitation had been unsuccessful, defendant's criminal behavior had escalated, and transfer-ring the charges to family court was not in the interests of society or defendant.

  • State v. Boddy

    Publication Date: 2021-06-30
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Matthew Frawley, Matthew Buckworth, Department of Justice, Wilmington, DE for the state.
    for defendant: Monika Germono, Meghan Crist, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69452

    Following a reverse amenability hearing, the court denied a juvenile's motion to transfer criminal charges to family court due to the seriousness of the charges and the failure of prior rehabilitative efforts.