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Publication Date: 2022-10-04
Practice Area: Contractual Disputes
Industry: Chemicals and Materials | Investments and Investment Advisory | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: William M. Lafferty, Miranda N. Gilbert, John P. DiTomo, Lauren N. Bennett, Thomas P. Will, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Robert N. Hochman, Heather Benzmiller Sultanian, Sidley Austin LLP, Chicago, IL; Eamon P. Joyce, Sidley Austin LLP, New York, NY; Andrew J. Rossman, Jonathon B. Oblak, Nicholas Hoy, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for appellants.
for defendant: Christopher Viceconte, Gibbons, P.C., Wilmington DE; Jennifer A. Hradil, William S. Hatfield, Camille V. Otero, Joshua R. Elias, Gibbons, P.C., Newark, NY for appellees.
Case Number: 279, 2021
Court reversed Superior Court's ruling in a breach of contract case finding that the clear and unambiguous language of the stock-purchasing agreement allocated all off-site environmental cleanup liabilities to appellee.
Publication Date: 2022-04-26
Practice Area: Insurance Litigation
Industry: Construction | Insurance
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Joseph B. Cicero, Paul D. Brown, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Mark L. McAlpine, Douglas W. Eyre, McAlpine PC, Auburn Hills, MI for appellants.
for defendant: Brian C. Ralston, Mathew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Michael Dockterman, Steptoe & Johnson, LLP, Chicago, IL for appellees.
Case Number: D69792
The court held that notice of indemnification claims was not time-barred, that defendants waived their affirmative defense of set-off/recoupment by not raising it in response to plaintiffs' motion for summary judgment, and there was no error in barring proof of set-off because the affirmative defense had been waived previously.
Publication Date: 2022-04-26
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Robert C. McDonald, Adrienne M. McDonald, Silverman McDonald & Friedman, Wilmington, DE for appellant.
for defendant: Aaron C. Baker, City of Wilmington Law Department, Wilmington, DE for appellees.
Case Number: D69797
The court found the lower court's ruling that appellant had an adequate remedy at law based on a sua sponte finding that termination fell under the grievance procedure of the collective bargaining agreement should be reversed and remanded for the court to consider only those arguments presented by the parties. Reversed and remanded for further consideration.
Publication Date: 2022-02-22
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Phillip Renzulli, Law Office of Edward J. Fornias, Wilmington, DE for appellant.
for defendant: Jonathon C. Harting, State of Delaware Department of Justice, Wilmington, DE; Renee D. Duval, Office of the Child Advocate, Wilmington, DE for appellees.
Case Number: D69724
There was no error in relying on parent's prior involuntary termination of rights to other children in terminating parental rights to another child where evidence supported finding that termination was in the child's best interests.
Publication Date: 2021-09-01
Practice Area: Legal Malpractice
Industry: Financial Services and Banking | Legal Services | Real Estate
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for appellants.
for defendant: Carol A. Vanderwoude, Marshall Dennehey Warner Coleman & Goggin, P.C., Philadelphia, PA, Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellee.
Case Number: D69520
Former clients sufficiently pled legal malpractice cause of action by alleging that legal counsel negligently advised clients to pursue litigation strategy that had no merit, resulting in clients incurring unnecessary litigation expense.
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Publication Date: 2021-05-26
Practice Area: Landlord Tenant Law
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Olga Beskrone, Community Legal Aid Society, Inc., Wilmington, DE appellants.
for defendant: Michael P. Morton, Robert J. Valihura, David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee.
Case Number: D69410
Capital improvements to a manufactured home community entitled the owner to raise rent under the Rent Justification Act, but the owner could not extend the rent increase into subsequent years once it had recov-ered that expense.
Publication Date: 2021-05-05
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Patrick J. Collins, Collins & Associates, Wilmington, DE for appellant.
for defendant: Sean P. Lugg, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: D69382
Prosecutor improperly invited jury to consider defendant's courtroom demeanor, but such error was harmless where multiple witnesses testified to defendant's active participation in the criminal offense.
Publication Date: 2021-03-10
Practice Area: Personal Injury
Industry: Agriculture | Chemicals and Materials
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Scott M. Hendler, Rebecca Webber, Hendler Flores, PLLC, Austin, TX; Andrew C. Dalton, Dalton and Associates, P.A., Wilmington, DE for appellants.
for defendant: Andrea E. Neuman, Gibson Dunn & Crutcher LLP, New York, NY, William E. Thomson, Gibson Dunn & Crutcher LLP, Los Angeles, CA; Jennifer C. Wasson, Stephanie E. O’Byrne, Potter Anderson & Corroon LLP, Wilmington, DE; Boaz S. Morag, Cleary Gottlieb Steen & Hamilton LLP, New York, NY; James W. Semple, Cooch and Taylor, P.A., Wilmington, DE; Adam V. Orlacchio, Brandon W. McCune, Blank Rome LLP, Wilmington, DE; Michael L. Brem, Schirrmeister Diaz-Arrastia Brem LLP, Houston, TX; Ryan D. Stottman, Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Craig Stanfield, King & Spalding LLP, Houston, TX; Kelly E. Farnan, Richards Layton & Finger, P.A., Wilmington, DE; Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; John C. Phillips, Jr., Phillips, Goldman & Spence, P.A., Wilmington, DE for appellees.
Case Number: D69319
Superior court did not abuse discretion in denying motion to vacate dismissal based on after-decided federal cases where differences between the federal first-filed rule and Delaware's first-filed rule meant the superior court could handle plaintiffs' second-filed action differently than it might be handled under the federal rule.
Publication Date: 2021-03-03
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Timothy E. Lengkeek, Natalie Wolf, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
for defendant: Bradley J. Goewert, Lorenza A. Wolhar, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
Case Number: D69313
The Delaware Supreme Court rejected the continuous negligent medical treatment doctrine in this case, and remanded for factual findings involving the statute of limitations.
Publication Date: 2020-12-02
Practice Area: Insurance Litigation
Industry: Food and Beverage | Insurance
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Scott R. Mondell, Andrew J. Carmine, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for appellees.
Case Number: D69206
Employer and workers' compensation carrier could not pursue subrogation action against third-party tortfeasor to recover lump-sum settlement paid to an injured worker where there was no evidence the lump-sum included damages the worker could recover from the tortfeasor in a tort action.
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