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Publication Date: 2020-01-01
Practice Area: Legal Ethics and Attorney Discipline
Industry: Financial Services and Banking | Insurance | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Simon E. Fraser and Thomas Francella, Cozen O’Connor, Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi and Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for defendant.
Case Number: D68826
Due to a former client conflict and the appearance of impropriety, disqualification of plaintiff's counsel was necessary to ensure the fairness of the litigation process.
Publication Date: 2019-11-20
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Jordan A. Braunsberg of the Dept’ of Justice for the state.
for defendant: Damion Thomas, pro se defendant.
Case Number: D68778
Changes in the law which allowed a court to impose concurrent rather that consecutive sentences for certain crimes were not retroactively effective.
Publication Date: 2019-10-16
Practice Area: Insurance Litigation
Industry: Insurance | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Jody Barillare, Beth Herrington and Zachary Ryan Lazar, Morgan, Lewis & Bockius, LLP, Wilmington, DE for plaintiff.
for defendant: Michael C. Heyden and Scott Schmookler, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
Case Number: D68741
The court granted plaintiff's motion to dismiss some of the insurers' claims due to the statute of limitations, but it declined to dismiss the contractual indemnification claims.
Publication Date: 2019-10-09
Practice Area: Civil Procedure
Industry: Retail | State and Local Government
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Bruce E. Jameson and Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; Justin S. Brooks and Elizabeth H. Shofner, Guttman & Buschner & Brooks, PLLC, Wilmington, DE for plaintiff-relator.
for defendant: Kenneth J. Nachbar, Michael Houghton, Matthew R. Clark and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ethan D. Miller, Jason D. Popp and Gavin Reinke. Alston & Bird LLP for CVS Health Corporation. Stephen E. Jenkins, Catherine Gaul, F. Troupe Mickler, IV, Ashby & Geddes, Wilmington, DE for Card Compliant and CardFact defend-ants. Brian E. Farnan , Farnan LLP, Wilmington, DE for Vacation Properties United Ltd. and The Factoring Co.
Case Number: D68731
The court dismissed this qui tam action involving an allegedly fraudulent scheme for depriving the state of money it was enti-tled to from unused gift cards.
Publication Date: 2019-07-17
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Matthew F. Hicks Dep't of Justice, Wilmington, DE for the state.
for defendant: Michael W. Modica, The Law Office of Michael W. Modica, Wilmington, DE for defendant.
Case Number: D68637
In this sentencing matter, defendant was prohibited from collaterally attacking a prior conviction in another state for driving under the influence of alcohol.
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Publication Date: 2019-06-19
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
for defendant: Julia C. Mayer, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
Case Number: D68600
Criminal impersonation statute required the state to prove that the false name(s) provided by defendant belonged to a real, living person and were not fictitious.
Publication Date: 2019-05-15
Practice Area: Criminal Law | Evidence
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
for defendant: Julia C. Mayer, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
Case Number: D68560
Misdemeanor criminal impersonation statute required the state to prove that the false identity offered and assumed by the defendant was that of a real, live person.
Publication Date: 2019-05-08
Practice Area: Mergers and Acquisitions
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Joel Friedlander, Christopher M. Foulds, and Christopher P. Quinn, Friedlander & Goris, P.A., Wilmington, DE; Andrew J. Wronski, Max B. Chester, and Andrew M. Meerkins, Foley & Lardner LLP, Milwaukee, WI for plaintiff.
for defendant: David S. Eagle and Sean M. Brennecke, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; William T. Hill and Gregory R. Sellers, Klehr Harrison Harvey Branzburg LLP, Philadelphia, PA for defendants.
Case Number: D68550
Purchaser was entitled to redemption of its equity pursuant to business purchase agreement where parties' agreement expressly and exclusively conditioned redemption on failure of future business conditions to manifest when those conditions did fail to manifest.
Publication Date: 2019-02-27
Practice Area: Insurance Litigation | Telecommunications
Industry: Insurance | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Brian M. Rostocki and Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY for plaintiffs.
for defendant: John C. Phillips, Jr. and David A. Bilson, Phillips, Goldman, McLaughlin & Hall, P.A. Wilmington, DE; Alexander R. Karam and Addison Draper, Clyde & Co. US LLP, Washington, DC for U.S. Specialty Ins. Co.; Henry duPont Ridgely, John L. Reed, Ethan H. Townsend, Joseph G. Finnerty III, Megan Shea Harwick and Eric S. Connuck, DLA Piper LLP, Wilmington, DE and New York, NY for Nat'l Union Fire Ins. Co. Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Charles C. Lemley , Wiley Rein LLP, Washington, DC for XL Specialty Ins. Co.
Case Number: D68474
The court granted and denied portions of insurers' cross-motions for summary judgment regarding their duty to defend parties in an underlying shareholder action.
Publication Date: 2019-02-13
Practice Area: Contractual Disputes | Corporate Entities | Insurance Litigation
Industry: Insurance | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Brian M. Rostocki and Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE, and Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY for plaintiffs.
for defendant: John C. Phillips, Jr. and David A. Bilson, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Alexander R. Karam and Addison Draper, Clyde & Co US LLP, Washington, DC; Henry duPont Ridgely, John L. Reed, and Ethan H. Townsend, DLA Piper LLP, Wilmington, DE; Joseph G. Finnerty III, Megan Shea Harwick, and Eric S. Connuck, DLA Piper, LLP, New York, NY; Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; and Charles C. Lemley, Wiley Rein LLP, Washington, DC for defendants.
Case Number: D68455
Insurers were granted partial summary judgment on insureds' declaratory judgment action for defense costs, where underlying action alleged individual defendant committed wrongful acts within scope of official capacity, but did not constitute securities claim because it was brought by shareholders of separate spin-off company.
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