• V-ME Media, Inc. v. Faith7, Inc.

    Publication Date: 2024-11-19
    Practice Area: Contracts
    Industry: Entertainment and Leisure | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: David Holloway, Holloway Law LLC, Wilmington, DE for plaintiff.
    for defendant: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.

    Case Number: N24C-05-247 FWW

    Fraudulent inducement claim failed where plaintiff could not identify damages distinct from those it allegedly suffered as a result of defendant's breach of the parties' agreement.

  • Judicial Watch v. Univ. of Delaware

    Publication Date: 2024-08-20
    Practice Area: Public Records
    Industry: Education | Non-Profit | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: William E. Green, Jr., Theodore A. Kittila, Michael Bekesha, Halloran Farkas + Kittila, LLP, Wilmington, DE for appellants.
    for defendant: William E. Manning, James D. Taylor, Marisa R. De Feo, Juliana Clifton, Saul Ewing LLP, Wilmington, DE for appellee.

    Case Number: N20A-07-001 FWW

    Where DOJ special counsel report did not contradict the University of Delaware's assertions in its affidavit in support of its invocation of its exemption under the Delaware Freedom of Information Act, the court found no basis to reopen petitioners' complaint where university averred that it had not used public funds to acquire former legislator's working papers.

  • State v. Allen

    Publication Date: 2024-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Amanda D. Buckworth, Deputy Attorney General, Department of Justice for plaintiff.
    for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE for defendant.

    Case Number: 1510018545A

    Court ruled evidentiary hearings were necessary to resolve postconviction relief claims alleging trial counsel's ineffectiveness for failing to call witnesses who would contradict the complaining witness and whether the state committed a Brady violation by concealing knowledge of an alleged non-prosecution promise to the complaining witness.

  • Payne v. Samsung Elec. Am., Inc.

    Publication Date: 2024-03-04
    Practice Area: Products Liability
    Industry: Electronics | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiff.
    for defendant: Donald M. Ransom, Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Christopher T. Logullo, Cobb & Logullo, Wilmington, DE for defendants.

    Case Number: N23C-03-193 FWW

    Court dismissed case where plaintiff was on inquiry notice that retaining or using product constituted agreement to binding arbitration with manufacturer, with the arbitration agreement delegating questions of arbitrability to the arbitrator.

  • Weller v. Morris James LLP

    Publication Date: 2023-12-11
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: William W. Weller, Middletown, DE, appellant pro se.
    for defendant: Jennifer C. Jauffret, Richards, Layton & Finger, P.A., Wilmington, DE; Victoria W. Counihan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellees.

    Case Number: N23A-03-007 FWW

    Unemployment benefits claim was properly denied where worker received one year's worth of wages as a final payment upon separation from employment, meaning that the worker was not economically insecure and in need of unemployment compensation.

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  • Cline v. The Nemours Found.

    Publication Date: 2023-10-23
    Practice Area: Labor Law
    Industry: Health Care | Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Jessica Lewis Welch, Doroshaw, Pasquale, Krawitz & Bhaya, Wilmington, DE for appellant.
    for defendant: Keri L. Morris-Johnson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for appellee.

    Case Number: N22A-11-003 FWW

    Industrial Accident Board erred in failing to consider claimant's individual circumstances in determining whether claimant had exhausted reasonable conservative treatment and thus had made surgical treatment reasonable and necessary.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2023-09-18
    Practice Area: Employment Litigation
    Industry: Health Care | Legal Services
    Court: Delaware Superior Court
    Judge: District Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.

    Case Number: N20C-08-186 FWW

    Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.

  • Biegler v. Underwriting Serv. Mgmt. Co., LLC

    Publication Date: 2023-07-31
    Practice Area: Business Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.

    Case Number: N23C-01-180 FWW

    Negligence and tortious interference claims against insurer brought by insurance agent failed where insurer lacked specific knowledge of the business relationship between the agent and the agent's client and would not have reason to know they would be liable for damage arising from the client's termination of the agent's services following the insurer's policy cancellation.

  • Biegler v. Underwriting Serv. Mgmt. Co., LLC

    Publication Date: 2023-07-24
    Practice Area: Business Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.

    Case Number: N23C-01-180 FWW

    Insurance agent's professional negligence claims against insurance provider arising from the agent's termination by his client failed where agent could not allege a duty of care by the provider, which had no reason to know that the agent's continued retention by his client would be conditioned on the provider's performance under the insurance policy.

  • 250 Executive, LLC v. Christina Sch. Dist.

    Publication Date: 2023-02-14
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for petitioner.
    for defendant: James H. McMackin, III, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendants.

    Case Number: N22C-03-190 FWW

    Taxing entity improperly exercised discretion to deny refund request where taxpayer had undisputedly overpaid its property taxes due to the county's erroneous assessments.