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  • Weddle v. BP Amoco Chem., Co.

    Publication Date: 2020-09-09
    Practice Area: Occupational Safety and Health
    Industry: Chemicals and Materials | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Patrick C. Gallagher and David T. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for claimant.
    for defendant: Paul A. Bradley and Antoinette D. Hubbard, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE for employer.
    Case Number: D69117

    Where claimant prevailed on an appeal in this workers' compensation matter, the court awarded attorney fees but adjusted the rates requested by claimant's counsel.

  • Laws v. Handy

    Publication Date: 2020-07-01
    Practice Area: Wrongful Death
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Brian E. Lutness, Silverman, McDonald & Friedman, Wilmington, DE; Amman S. Wasfi,The Killino Firm, P.C., Philadelphia, PA for plaintiffs.
    for defendant: Valorie Handy, pro se defendant.
    Case Number: D69033

    A defendant's conviction for criminally negligent homicide did not establish the elements of civil negligence.

  • Setya v. Petitto

    Publication Date: 2020-05-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Matthew R. Hindley, Reger, Rizzo & Darnall, LLP, Wilmington, DE for defendant.
    Case Number: D68988

    The court denied motions to exclude reference to plaintiff's gross earnings and to prevent plaintiff's experts from testifying, but limited the scope of the experts' testimony.

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

    Publication Date: 2020-05-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert and Lorenza A. Wolhar, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D68975

    Act of negligent treatment and resulting injury occurring on two separate dates meant that medical malpractice case involved continuum of treatment, requiring that the statute of limitations be measured from the last act in the continuum of treatment.

  • Taylor v. George

    Publication Date: 2020-05-06
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hedrick, II, Bove & Hedrick, Wilmington, DE for plaintiff.
    for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for the state. Martin O’Connor, Dep’t of Justice, Wilmington, DE for defendants George and Christina School Dist.
    Case Number: D68973

    The law did not permit transfer of a civil action to an administrative agency, and the equal protection clause did not require transfer. Motion to transfer denied, but motion to amend granted.

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  • State of Delaware v. Smith

    Publication Date: 2020-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Amanda J. DiLiberto, Deputy Attorney General, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    Case Number: D68932

    Defendant was not entitled to post-conviction relief, because trial counsel did not act improperly in cross-examining a witness instead of moving to strike, requesting a curative instruction, or moving for a mistrial.

  • State of Delaware v. Lovell

    Publication Date: 2020-01-01
    Practice Area: Criminal Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Stephen McDonald, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, Wilmington, DE for defendant.
    Case Number: D68825

    A search warrant lacked probable cause, because it did not contain a logical nexus between the items sought and the location searched.

  • Anthium, LLC v. Shelton

    Publication Date: 2019-12-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Catherine Di Lorenzo, Wilmington, DE for plaintiff.
    for defendant: Reginald L. Harris, self-represented litigant.
    Case Number: D68814

    Mortgagor's death did not trigger the eight-month statute of limitations under 12 Del C. §2012(a), such that the mortgage holder's action was not time-barred, but the mortgage holder was not entitled to summary judgment where it failed to show it provided notice and opportunity to cure default required under the mortgage.

  • State of Delaware v. Pardo

    Publication Date: 2019-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Eric H. Zubrow, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.
    Case Number: D68805

    The court denied a motion for post-conviction relief, because defendant failed to demonstrate that his trial counsel was inef-fective.

  • Chaverri v. Dole Food Co.

    Publication Date: 2019-11-27
    Practice Area: Products Liability
    Industry: Agriculture | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Andrew C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Scott M. Hendler, Hendler Flores, PLLC, Austin, TX for plaintiff.
    for defendant: Somers S. Price, Jr., Potter, Anderson & Corroon LLP, Wilmington, DE; Andrea Neuman and Thomas Manakides, Gibson, Dunn & Crutcher, New York, NY; Adam Orlacchio and Brandon McCune, Blank Rome LLP, Wilmington, DE; Donald E. Reid, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael L. Brem, Shirrmeister, Diaz-Arrastia, Brem, LLP, Houston, TX; Timothy Jay Houseal, Jennifer M. Kinkus, and William E. Gamgort, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; John C. Phillips, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Kelly E. Farnan and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; James Semple, Cooch & Taylor, P.A., Wilmington, DE for defendant.
    Case Number: D68783

    Motion to vacate due to intervening legal decisions denied where plaintiffs unreasonably delayed filing their motion and where decisions cited in support of motion were non-controlling law.