• New Wood Res. LLC v. Baldwin

    Publication Date: 2023-08-14
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiff.
    for defendant: Sean J. Bellew, Bellew LLC, Wilmington, DE; Chris L. Gilbert, Gilbert PC, Dallas, TX for defendant.

    Case Number: N20C-10-231- SKR CCLD

    Ruling that under Delaware law a person is presumed to act in good faith unless evidence is presented to the contrary, the court ruled that defendant had not demonstrated that plaintiff was motivated by bad faith and had, thus, breached the implied covenant of good faith and fair dealing under the terms of their contract. Plaintiff's motion for summary judgment granted.

  • Blue Valley, LLC v. Klein

    Publication Date: 2023-08-14
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: John Harris, Esquire, Harry Shenton IV, Berger Harris LLP, Wilmington, DE for plaintiff.
    for defendant: John Klein, Tampa, FL, pro se defendant.

    Case Number: N20C-03-300 SKR CCLD

    The court ruled that it did not need to reach an offensive collateral estoppel analysis because plaintiff had carried its burden of proof for summary judgment on the merits demonstrating a breach of the indemnification agreement at issue.

  • SARN SD3, LLC v. Czechoslovak Group A.S.

    Publication Date: 2023-08-07
    Practice Area: Contractual Disputes
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Mackenzie M. Wrobel, Coleen W. Will, Duane Morris LLP, Wilmington, DE; Ryan E. Borneman, Duane Morris LLP, Philadelphia, PA for plaintiff.
    for defendant: Philip Trainer, Jr., Tiffany Geyer Lydon, Ashby & Geddes, Wilmington, DE; Kenneth J. Pfaehler, Dentons US LLP, Washington, DC for defendant.

    Case Number: N17C-12-185 EMD CCLD

    Post-judgment interest did not begin accruing in a case where the court had not granted a final appealable judgment on a partial summary judgment motion.

  • Reylek v. Albence

    Publication Date: 2023-08-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, pro se petitioner.
    for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for Respondent.

    Case Number: K22M-07-010 NEP

    The court dismissed petitioner's request for a writ of mandamus to compel state officials to only employ valid and legally certified voting system/machines but deferred ruling on whether an actual controversy existed to support a declaratory judgment.

  • 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.

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

    View this Book

    View more book results for the query "*"

  • Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. FedEx Corp.

    Publication Date: 2023-07-31
    Practice Area: Insurance Litigation
    Industry: Cargo and Shipping | Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert Cahall, McCormick & Priore, P.C., Newark, DE; Daniel McNeel Lane, Jr., Kelly A. Potter, Norton Rose Fulbright US LLP, San Antonio, TX; Mina Matin, Lisa Schapria, Norton Rose Fulbright US LLP, New York, NY for plaintiff.
    for defendant: Steven L. Caponi, Matthew B. Goeller, Megan E. O’Connor, K&L Gates LLP, Wilmington, DE; Carolyn M. Branthoover, Jessica L.G. Moran, K&L Gates LLP, Pittsburgh, PA; Richard M. Beck, Sally E. Veghte, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; James P. Ruggeri, Edward B. Parks, II, Sean T. Kelly, Ruggeri Parks Weinberg LLP, Washington, DC; Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE for defendants.

    Case Number: N22C-08-488 EMD CCLD

    Court stayed action under comity where another jurisdiction determined to proceed with parallel action despite that case being second-filed since that action had connections to the jurisdiction, and staying the present action would avoid duplicative litigation or inconsistent results.

  • 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.

  • Ridgewood Manor MHC, LLC v. Ridgewood Manor HOA

    Publication Date: 2023-07-17
    Practice Area: Real Estate
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: David C. Zerbato, Moton, Valihura & Zerbato, LLC, Greenville, DE for appellant.
    for defendant: Anthony V. Panicola, Olga K. Beskrone, Colten L. Fleu, Community Legal Aid Society, Inc., Dover, DE for appellee.

    Case Number: K21A-10-002 RLG

    Arbitrator erred by considering and carving out a manufactured home community owner's acquisition costs in denying the owner's request for an above-inflation rent increase, where the analytical framework merely required the arbitrator to consider the statutory factors after finding the owner had made capital expenditures that directly related to the community maintenance and improvement.

  • Eley v. PNC Bank Branch of Lewes DE

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
    for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.

    Case Number: S23C-04-003 CAK

    Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.

  • Waters v. Delaware Moving & Storage, Inc.

    Publication Date: 2023-07-10
    Practice Area: Contracts
    Industry: Cargo and Shipping | Construction
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
    for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE; Lisa M. Grubb, Marhsall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.

    Case Number: N21C-05-130 MAA

    Replacement cost value provision in moving contract limiting company's liability for damage or loss was valid and enforceable where it met statutory requirements, as the law did not require an accurate valuation of property where customer had opportunity to negotiate or state a value.