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Publication Date: 2023-12-04
Practice Area: Products Liability
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Joel H. Fredricks, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiff.
for defendant: Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE; Joseph J. Bellew, Joseph E. Brenner, Gordon Rees Scully Mansukhani LLP, Wilmington, DE for defendants.
Case Number: N22C-03-068 CLS
Service upon foreign corporation was ineffective where service upon its domestic subsidiary could not impute notice of the action and mailing service of process to the foreign corporation did not comply with the requirements of the Hague Convention.
Publication Date: 2023-04-11
Practice Area: Real Estate
Industry: Legal Services | Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Chandra J. Williams, Rhodunda, Williams & Kondraschow, Wilmington, DE for appellants.
for defendant: Steven D. Rosen, The Rosen Law Firm, LLC, Wilmington, DE for appellee.
Case Number: N22A-08-003 CLS
The court affirmed the trial court's order finding for a buyer in a real estate matter where the seller breached contractual obligations by failing to repair a defective roof.
Publication Date: 2022-10-11
Practice Area: Administrative Law
Industry: Automotive | State and Local Government
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Kelly Farnan, Tyler Cragg, Richards, Layton & Finger, P.A., Wilmington, DE for appellant.
for defendant: George T. Lees III, Delaware Department of Justice, Dover, DE for appellee.
Case Number: N21A-09-001 CLS
Court affirmed DMV's director's denial of a manufacturer's license for a dealership license on the basis that the Delaware Motor Vehicle Franchising Practices Act prohibits vehicle manufacturers from serving as dealers to consumers.
Publication Date: 2022-06-07
Practice Area: Labor Law
Industry: Cargo and Shipping | State and Local Government
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Sackena Russell-Fowler, Wilmington, DE, pro se appellant.
for defendant: Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, Delaware for appellees.
Case Number: D69844
Court reversed and remanded denial of unemployment benefits where division of unemployment insurance identified discrepancies in Pandemic Unemployment Assistance recipient's earnings, potentially rendering the board's decision in error as it was based on the incorrect standards.
Publication Date: 2020-06-24
Practice Area: Administrative Law
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell, Wilmington, DE for employer.
for defendant: Frederick S. Freibott, The Freibott Law Firm, P.A, Wilmington, DE for claimant.
Case Number: D69026
Substantial evidence supported the Industrial Accident Board's decision that an injured worker was entitled to additional compensation because he suffered a recurrence of total disability.
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Publication Date: 2020-01-22
Practice Area: Contractual Disputes
Industry: Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for plaintiff.
for defendant: Matthew P. Ward and Nicholas T. Verna, Womble Bond Dickinson LLP, Wilmington, DE; Usher Winslett, Winslett Studnicky McCormick & Bomser LLP, New York, NY for defendant.
Case Number: D68852
The court had previously ruled that a genuine issue of material fact existed with regard to a liability limitation provision, so plaintiff was not entitled to summary judgment.
Publication Date: 2020-01-01
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Annemarie H. Puit, Deputy Attorney General, Department of Justice, Wilmington, DE; John S. Taylor, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
for defendant: Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.
Case Number: D68824
Motion to suppress evidence seized from search warrants granted where temporal scope of warrants was overly broad and where affidavits of probable cause failed to set forth specific factual allegations establishing a logical nexus between the cell phone being searched and the crime being investigated.
Publication Date: 2019-12-11
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendant.
Case Number: D68798
Plaintiff seller was entitled to judgment where defendant buyer breached a purchase and sale agreement for real property by failing to close by the contracted-for "time of the essence" closing date and the agreement unambiguously provided that plaintiff's sole and exclusive remedy was to retain defendant's earnest money deposit.
Publication Date: 2019-11-13
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Douglas A. Shachtman, The Shachtman Law Firm, Wilmington, DE for plaintiff.
for defendant: Donald L. Gouge, Jr., Donald J. Gouge Jr., LLC, Wilmington, DE for defendant.
Case Number: D68768
Parties had valid oral contract for sale of land when purchaser made partial payment, and purchaser breached when sellers were in position to complete the sale, and after a reasonable time for settlement, made time of the essence by setting a hard date for closing.
Publication Date: 2019-10-16
Practice Area: Civil Procedure
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Bartholomew J. Dalton, Dalton & Assoc., PA, Wilmington, DE; Andrea L. Lewis, Searcey, Denney, Scarola Barnhart & Ship-ley, PA, West Palm Beach, FL for plaintiff.
for defendant: Joseph J. Bellew, White and Williams LLP, Wilmington, DE; Todd R. Ehrenreich and David L. Luck of Lewis, Brisbois, Bisgaard & Smith, Miami, FL for defendant.
Case Number: D68740
Plaintiff's defamation claims were timely filed in accordance with Delaware's savings statute, but Delaware was not a proper forum for this dispute, so the court granted defendant's motion to dismiss.
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