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  • Overstock.com, Inc. v. State of Delaware ex rel. French

    Publication Date: 2020-07-08
    Practice Area: Whistleblower Laws
    Industry: E-Commerce | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Michael P. Kelly, Matthew J. Rifino, Hayley J. Reese and Matthew Wright, McCarter & English, LLP, Wilmington, DE and Washington, DC for Overstock.com, Inc.
    for defendant: Thomas E. Brown, Edward K. Black and Stephen G. McDonald, Deputy Attorney Generals, Wilmington, DE for the state. Laina M. Herbert and Vivek Upadhya, Grant & Eisenhofer, Wilmington, DE for plaintiff French.
    Case Number: D69045

    The failure to file a statement regarding expired gift cards with the state escheat office did not amount to a false statement under the Delaware False Claims and Reporting Act. Reversed.

  • Chavis v. State

    Publication Date: 2020-06-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Bernard J. O’Donnell, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: Kathryn J. Garrison, Deputy Attorney General, Dover, DE for appellee.
    Case Number: D69008

    Trial court erred in admitting evidence of prior convictions where admission was based solely on second-hand knowledge of the underlying facts of those prior cases and their supposed similarity to the facts of the present case.

  • Cooper v. State

    Publication Date: 2020-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: James F. Brose, The Brose Law Firm, Media, PA; Stephanie Volturo and Jan A. T. van Amerongen, Jr., Office of Conflicts Counsel, Wilmington, DE for appellant.
    for defendant: Sean P. Lugg, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68959

    Confidential informant testimony and controlled buys corroborated by independent police surveillance were sufficient to establish a nexus in a search warrant application between defendant's residences and business location and the evidence of drugs and weapons sought by police.

  • Garrison v. Downing

    Publication Date: 2020-03-11
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Patrick J. Boyer, MacElree Havrey, Ltd., Centreville, DE for appellant
    for defendant: James P. Curran, Law Offices of James P. Curran, Jr., Newark, DE for appellee.
    Case Number: D68904

    "Contemplation of marriage" rule should not be extended to apply to premarital debts where rule was originally intended to apply to separate property that the parties intended to become marital property upon marriage.

  • Christiana Care Health Servs. Inc. v. Carter

    Publication Date: 2019-12-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Richard Galperin, Joshua H. Meyeroff, and Ryan T. Keating, Morris James LLP for appellant.
    for defendant: Leroy A. Tice, Leroy A. Tice, Esquire P.A. for appellees.
    Case Number: D68806

    Release of claims against agent that served to extinguish the agent's pro rata share of responsibility of the principal's damages effectively released the principal from a vicarious liability claim even when the principal was not party to the release.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Ford Motor Co. v. Knecht

    Publication Date: 2019-12-18
    Practice Area: Personal Injury
    Industry: Automotive | Chemicals and Materials | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Christian J. Singewald and Rochelle L. Gumapac, White and Williams, LLP, Wilmington, DE, Jessica L. Ellsworth, Hogan Lovells US LLP, Washington, DC for appellant.
    for defendant: Adam Balick and Patrick J. Smith, Balick & Balick, LLP; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, and Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for appellee.
    Case Number: D68807

    Trial court erred in denying new trial/remittitur motion on excessive verdict motions when it focused on defendant's share of damages rather than the entire compensatory damages verdict.

  • Whitmore v. Robinson

    Publication Date: 2019-12-18
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Timothy J. Snyder and Curtis J. Crowther, Young Conoway Stargatt & Taylor, LLP, Wilmington, DE for father.
    for defendant: Andrew W. Gonser, Gonser & Gonser, P.A., Wilmington, DE; Achille C. Scache, Delcollo, Werb & Gagne, Wilmington, DE for mother.
    Case Number: D68814

    The family court improperly incorporated the factor of "necessary care" from another statute in terminating a father's paren-tal rights.

  • Cushner v. State

    Publication Date: 2019-08-21
    Practice Area: Criminal Law
    Industry: Automotive
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicole M. Walker, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: Brian L. Arban, Deputy Attorney General, Wilmington, DE for appellee.
    Case Number: D67674

    Motion for judgment of acquittal properly denied where lack of public access to a burgled storage trailer and the timing of the impression of a handprint on the trailer supported the inference that the handprint, belonging to defendant, was made on the weekend when the burglary occurred.

  • Baker v. State

    Publication Date: 2019-07-31
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicole M. Walker, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: John Williams, Deputy Attorney General, Dover, DE for appellee.
    Case Number: D68646

    Adjudication of delinquency for rape reversed where family court made evidentiary errors including admission of hearsay evidence and propensity evidence.

  • Stoner v. State

    Publication Date: 2019-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Kevin P. Tray, Wilmington, DE for Arthur Stoner.
    Case Number: D68643

    A family court's adjudication of delinquency for robbery was not supported by specific findings.