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Publication Date: 2023-02-07
Practice Area: Contractual Disputes
Industry: Aerospace | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Joelle E. Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE; Michael D. O’Mara, Joseph T. Kelleher, Stradley Ronon Stevens & Young, LLP, Philadelphia, PA for defendants/counterclaim plaintiffs.
for defendant: Catherine A. Gaul, Ashby & Geddes, P.A., Wilmington, DE; Shireen A. Barday, Nathan C. Strauss, Kim P. Kirschenbaum, Gibson, Dunn & Crutcher, LLP, New York, NY for counterclaim defendants.
Case Number: N20C-12-038-EMD [CCLD]
The court granted the motion to dismiss on the grounds that defendant was merely considered an "affiliate" and therefore did not qualify as a "seller" within the meaning of Section 8.2(b) of the purchase agreement.
Publication Date: 2023-02-07
Practice Area: Wrongful Death
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Madeline R. Silverman, Gordon Fournaris & Mammarella, P.A., Wilmington, DE; Michael P. Minuti, McCan Dillon Jaffe & Lamb, LLC, Wilmington, DE for plaintiffs.
for defendant: Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendant.
Case Number: N21C-03-233 CEB
Public Readiness and Emergency Preparedness Act of 2005 did not afford immunity to nursing homes for residents' COVID-19 deaths allegedly caused by negligent infection control procedures.
Publication Date: 2023-02-07
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Michael L. Vild, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
for defendant: Robert A. Penza, Christina B. Vavala, Polsinelli PC, Wilmington, DE: Llynn K. White, Polsinelli PC, St. Louis, MO; John A. Sensing, Carson R. Bartlett, Potter Anderson & Corroon LLP, Wilmington, DE; Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendants.
Case Number: N22C-03-103 AML CCLD
Plaintiffs were not entitled to declaratory judgment on their breach of contract and quiet title claims where their proffered interpretation of their contracts with their lenders and mortgage insurers were unreasonable as it would effectively absolve plaintiffs from their obligation to make their final balloon loan payment.
Publication Date: 2023-01-31
Practice Area: Contracts
Industry: Construction | State and Local Government
Court: Delaware Superior Court
Judge: Judge Winston
Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Conolly Gallagher LLP for plaintiff.
for defendant: Paul A. Logan, Post & Schell, P.C. for defendants.
Case Number: N21C-12-039 PAW
Declaratory judgment seeking clarification of scope of obligations under continuing cooperation provision of parties' settlement agreement did not constitute breach of release provision entitling released party to indemnification.
Publication Date: 2023-01-31
Practice Area: Labor Law
Industry: Health Care | Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Richard T. Wilson, Joe Klusman, Legal Services Corporation of Delaware, Inc., Wilmington, DE for appellant.
for defendant: Victoria Counihan, Deputy Attorney General, Victoria Goff, Assistant Attorney General, Department of Justice, Wilmington, DE; Ingleside Homes, Inc. Wilmington, DE for appellees.
Case Number: N22A-09-002 FWW
Employer's failure to appear before the Unemployment Insurance Appeal Board or to obtain legal counsel required reversal of decision affirming appeal referee's determination that employee was discharged for good cause and thereby disqualified from unemployment compensation benefits.
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Publication Date: 2023-01-31
Practice Area: Labor Law
Industry: Education | Non-Profit | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE: David Wechsler, Daniel Grossman, Harris St. Lauren & Wechsler LLP, New York, NY for plaintiff.
for defendant: Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Steven Suflas, Ballard Spahr LLP, Salt Lake City, UT; Joseph J. Bailey, Ballard Spahr, Philadelphia, PA for defendants.
Case Number: N22C-05-11 EMD
Court declined to dismiss breach of employment contract and wage claims as the parties had a genuine factual dispute over the basis for the termination of employee's employment contract, which could control whether employee was entitled to severance pay required by the agreement.
Publication Date: 2023-01-24
Practice Area: Labor Law
Industry: Legal Services
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Walter J. O’Brien, Weber Gallagher Simpson Stapleon Fires & Newby LLP, New Castle, DE for appellant.
for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
Case Number: N22A-03-006 FWW
Industrial Accident Board had sufficient evidence to find causal connection between work injury and new physical symptoms where medical expert credibly testified that new symptoms were a consequence of the surgery to treat the work injury.
Publication Date: 2023-01-17
Practice Area: Wrongful Death
Industry: Consumer Products | Manufacturing
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Robert Leoni, Shelsby & Leoni, P.A., Wilmington, DE; Alan M. Feldman, Daniel J. Mann, Edward S. Goldis, Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, LLP, Philadelphia, PA for plaintiffs.
for defendant: Liza Zwally Brown, Corrine R. Moini, Greenberg Traurig, LLP, Wilmington, DE for defendants.
Case Number: N21C-02-097 WCC
Although Missouri law did not allow application of the discovery rule to toll or extend the statute of limitations on wrongful death claims, defendants could be equitably estopped from asserting a statute of limitations defense if they engaged in intentional concealment of evidence of the dangerous nature of their product.
Publication Date: 2023-01-17
Practice Area: Contracts
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Zurn
Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Joseph Delich, Alex Potter, Kevin Goode, Freedman Nordmand Friedland LLP, New York, NY; Kyle Roche, Kyle Roche, P.A., New York, NY for plaintiffs.
for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. Speed, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Cantor Fitzgerald, New York, NY for defendant.
Case Number: 9436-VCZ
The court granted in part and denied in part parties' cross-motions for summary judgment regarding the appropriateness of penalties arising out of a partnership's restrictive covenants.
Publication Date: 2023-01-17
Practice Area: Business Torts
Industry: Financial Services and Banking | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Daniel C. Mulveny, Oliver Cleary, Deputy Attorneys General, State of Delaware Dep’t of Justice, Wilmington, DE; Bruce E. Jameson, Samuel L. Closic, Mary S. Thomas, Prickett, Jones & Elliott, P.A., Wilmington, DE; David Brackett, Benjamin E. Fox, John E. Floyd, Bondurant, Mixson & Elmore, LLP, Atlanta, GA for plaintiffs.
for defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Joshua A. Goldberg, Jane Metcalf, Clinton W. Morrison, Christina Sedca-Acosta, Patterson Belknap Webb & Tyler LLP; Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Eric W. Sitarchuk, Ezra D. Church, Ryan P. McCarthy, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendants.
Case Number: N18C-29-240 PRW CCLD
Qui tam relator's counsel's failure to set up ethical screens or disclose his knowledge of defendant's attorney-client materials requires disqualification and shifting of costs onto counsel.
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