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  • In re COVID-Related Restrictions on Religious Serv.

    Publication Date: 2024-08-13
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for appellants.
    for defendant: Zi-Xiang Shen, Zachary S. Stirparo, State of Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: 354, 2023

    Suit challenging the constitutionality of COVID-19 restrictions on houses of worship filed months after such restrictions were lifted was not a justiciable controversy, and state officials were immune from damages for any constitutional violations where they exercised their discretion to impose the conditions in a good faith effort to respond to the COVID-19 pandemic.

  • Exit Strategy, LLC v. Festival Retail Fund BH, L.P.

    Publication Date: 2024-08-06
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Real Estate | Retail
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: David A. Jenkins, Jason Z. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE for appellant.
    for defendant: Douglas D. Herrmann, James H.S. Levine, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Andrew W. Zepeda, Lurie, Zepeda, Schmalz, Hogan & Martin, Los Angeles, CA for appellee.
    Case Number: 318, 2023

    Special limited partner was not entitled to distribution from sale of partnership's primary asset where partnership was entitled to deduct defeasance costs to satisfy the mortgage to sell the property as a "loan interest cost."

  • McGuiness v. State

    Publication Date: 2024-02-26
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE, Dean A. Elwell, McCarter & English, LLP, Boston, MA for plaintiff.
    for defendant: David C. McBride, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: 438, 2022

    Official misconduct conviction reversed where trial court delayed in recognizing legal insufficiency of procurement law violation charge, thereby allowing jury to hear evidence on the procurement charge that could have spilled over into the jury's consideration of the official misconduct charge.

  • Terreros v. State

    Publication Date: 2024-01-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Elliot M. Margules, Office of the Public Defender, Wilmington, DE for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: 435, 2022

    Cell phone data warrant was an unlawful general warrant where it lacked any temporal limitation and permitted searches of applications unconnected to the facts supporting probable cause.

  • Employers Ins. Co. of Wasau v. First State Orthopaedics, P.A.

    Publication Date: 2024-01-22
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Andrew Hatchett, Tiffany Powers, Alston & Bird LLP, Atlanta, GA for appellants.
    for defendant: John S. Spadaro, John Sheehan Spadaro, LLC, Wilmington, DE; Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, Wilmington, DE for appellee.
    Case Number: 27, 2023D

    Trial court erred in concluding that medical provider had standing to challenge lawfulness of insurer's old billing codes under the workers' compensation law, where the insurer had switched to a new billing code system prior to, and independent of, the provider's lawsuit and any prospective declaratory relief would not redress the claimed injury.

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  • Elzufon, Austin, Tarlov & Mondell, P.A., v. Lewis

    Publication Date: 2023-12-18
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Brandon R. Herling, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
    Case Number: 47, 2023

    Treating physician's causation opinion, though not based on objective medical records, was not improperly speculative where the physician would be familiar with the potential complications of claimant's surgery and could conclude that her subsequent neck pain was a consequence of surgery to repair a work injury to her shoulder.

  • Ralston v. Div. of Serv. for Children, Youth & Their Families

    Publication Date: 2023-11-06
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: George R. Tsakataras, The Law Office of George R. Tsakataras, P.A., Wilmington, DE for appellant.
    for defendant: Michelle R. Skoranski, State of Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: 449, 2022

    Trial court did not violate parent's due process rights by failing to consider relative's guardianship petition prior to terminating parental rights where the permanency goal had already changed to adoption.

  • Horizon Servs., Inc. v. Henry

    Publication Date: 2023-09-18
    Practice Area: Labor Law
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: H. Garrett Baker, Francis D. Nardo, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
    for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE; William A. Crawford, Franklin & Prokopik, Newark, DE for appellees.
    Case Number: N21C-10-044

    Employer and its workers' compensation insurer could assert a lien against compensation obtained from the employer's underinsured motorist coverage.

  • Killen v. Alben

    Publication Date: 2023-09-18
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Curtis P. Bounds, Kara M. Swasey, Megan McGovern, Bayard, P.A., Wilmington, DE for appellant.
    for defendant: Jennifer A. Hartnett, Hartnett & Hartnett, Hockessin, Delaware for appellee.
    Case Number: 22-04577

    Trial court erred in sua sponte ordering husband to maintain a life insurance policy where the trial court lacked evidence regarding the policy, including when it was purchased, whether husband owned/controlled it, and the beneficiaries of the policy.

  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Construction | Legal Services | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
    Case Number: N21C-12-039

    Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.