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  • USAA Cas. Ins. Co. v. Carr

    Publication Date: 2020-02-12
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Jeffrey A. Young, Young & McNelis, Dover, DE for plaintiff.
    for defendant: Benjamin C. Wetzel, III, Wetzel & Assoc., P.A., Wilmington, DE for defendant.
    Case Number: D68877

    Whether an assault was an "accident" under an insurance policy was determined by the intent of the insured, not by the viewpoint of the victim.

  • Clark v. State

    Publication Date: 2020-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Christopher S. Koyste, Wilmington, DE for appellant.
    for defendant: Abby L. Adams, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68856

    Judgment of acquittal on second-degree attempted assault conviction as lesser-included offense of first-degree murder properly denied where evidence at trial was sufficient to find that defendant, who intended to assault a completely different victim, intended to cause serious bodily injury where he attempted to find the intended victim in a rage, recruited two associates, and armed himself with a firearm.

  • Delaware Bd. of Med. Licensure & Discipline v. Grossinger

    Publication Date: 2020-01-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Patricia A. Davis and Zoe Plerhoples, Department of Justice, Wilmington, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C. Wilmington, DE; James J. Kutz, Harrisburg, PA for appellee.
    Case Number: D68848

    Reversal of disciplinary charges against physician overturned where state board not required to obtain expert testimony to establish standard of care under regulations, and where regulations were not vague as-applied since physician failed to make any effort at compliance.

  • Imbragulio v. Unemployment Ins. Appeals Bd.

    Publication Date: 2019-12-18
    Practice Area: Administrative Law | Civil Procedure
    Industry: Distribution and Wholesale
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Elizabeth Imbragulio, pro se appellant.
    for defendant: Tasha Marie Stevens, Fuqua, Willard, Stevens & Schab, P.A., Georgetown, DE for appellee.
    Case Number: D68808

    Superior court rules governing timeliness of appeals did not apply until the superior court obtained jurisdiction by the appealing party's compliance with the statutes conferring jurisdiction upon the superior court.

  • Tiger v. Boast Apparel, Inc.

    Publication Date: 2019-08-21
    Practice Area: Corporate Governance
    Industry: Consumer Products | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE for appellant.
    for defendant: Kevin G. Abrams and Matthew L. Miller, Abrams & Bayliss LLP, Wilmington, DE; Brian J. Capitummino, Woods Oviatt Gilman LLP, Rochester, NY for appellee.
    Case Number: D67676

    There was no presumption of confidentiality for books and records produced in response to a §220 request, nor was a requesting stockholder required to show exigent circumstances to avoid an indefinite confidentiality obligation.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Brown v. State

    Publication Date: 2019-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Roderick Brown, appellant pro se
    for defendant: Kathryn J. Garrison, Department of Justice, Dover, DE for appellee
    Case Number: D68654

    Forfeiture of vehicles reversed where state's evidence undercut its theory that defendant used the vehicles as stores of the proceeds of his drug dealing.

  • Longford-Myers v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Martin B. O'Connor, Dep't of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D68641

    When a criminal defendant was sentenced for multiple convictions and one of sentences was subject to modification due to il-legality, the court did not have authority to modify the other lawful sentences.

  • Baynum v. State

    Publication Date: 2019-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Brian L. Arban, Department of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Wilmington, DE for defendant.
    Case Number: D68596

    Trial counsel's failure to request a lesser-included offense jury instruction fell below the objective standard of reasonableness, so defendant was entitled to a new trial.

  • Greenfield v. Miles

    Publication Date: 2019-06-12
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Andrew C. Dalton and Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE for appellant
    for defendant: Joseph C. Handlon and Wilson B. Davis, Delaware Department of Justice, Wilmington, DE for appellees.
    Case Number: D68592

    Negligence claim against family caseworkers dismissed pursuant to DSTCA immunity where plaintiff's allegations concerned caseworkers' official acts requiring exercise of discretion or professional judgment and plaintiff failed to allege either bad faith or gross negligence.

  • Leaf Invenergy Co. v. Invenergy Renewables LLC

    Publication Date: 2019-05-22
    Practice Area: Damages | Deals and Transactions
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Bradley D. Sorrels, Shannon E. German, Andrew D. Berni, Keith E. Eggleton, Steven D. Guggenheim and David A. McCarthy, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE and Palo Alto, CA for plaintiff.
    for defendant: Kenneth J. Nachbar, Kevin M. Coen, Zi-Xiang Shen and Coleen W. Hill, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Bruce S. Sperling, Harvey J. Barnett and Eamon P. Kelly, Sperling & Slater, P.C., Chicago, IL for defendant.
    Case Number: D68469

    The parties' agreement unambiguously required consent or the redemption of shares in the event of a sale, and because de-fendant chose to do neither, plaintiff was entitled to damages.