• Quality Assured Inc. v. David

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Nicholas Bittner for appellant.
    for defendant: David Crumplar for appellee.

    Case Number: N22A-05-012 SKR

    Industrial Accident Board had a sufficient evidentiary basis to award additional medical expenses upon crediting claimant's treating physician's testimony that was probative to show that epidural injections were causally related to claimant's work injury and necessary to provide him with functional relief.

  • Ent. Data Oracle, Inc. v. iSpot.tv, Inc.

    Publication Date: 2022-12-20
    Practice Area: Corporate Entities
    Industry: Advertising | Software
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Garrett B. Moritz, Elizabeth M. Taylor, Ross Aronstam & Moritz LLP, Wilmington, DE; Demian A. Ordway, Timothy W. Grinsell, Victoria Roeck, Holwell Shuster & Goldberg LLP, New York, NY for plaintiff.
    for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Gavin W. Skok, Fox Rothschild LLP, Seattle, WA for defendant.

    Case Number: N22C-06-133

    The court denied a motion to dismiss a claim in Delaware under the McWane Doctrine on the basis that a separate action between the parties in California raised different issues.

  • Gone GB Ltd. v. Intel Servs. Div., LLC

    Publication Date: 2022-12-20
    Practice Area: Contracts
    Industry: E-Commerce | Software
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Wilks, Wilks Law, LLC, Wilmington, DE; David Leichtman, Leichtman Law PLLC, New York, NY for plaintiff.
    for defendant: Matthew E. Fischer, Jonathan A. Choa, Jacqueline A. Rogers, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Vanessa Soriano Power, Stoel Rives LLP, Seattle, WA; Samantha K. Sondag, Stoel Rives LLP, Portland, OR for defendants.

    Case Number: N21C-05-198 EMD CCLD

    Quasi-contractual claims failed where there was no evidence that plaintiffs performed any services or conferred any benefit on defendants beyond those expressly identified in the parties' written contract.

  • Harper v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2022-12-20
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Justice Primos
    Attorneys: For plaintiff: Nicholas H. Rodriguez, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiffs.
    for defendant: Krista E. Shevlin, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for defendant.

    Case Number: K22C-07-005 NEP

    Uninsured motorist coverage did not apply in an accident caused by a horse-drawn buggy, since it was not a "motor vehicle" as it was not self-propelled by an internal combustion engine.

  • Garcia-Rivera v. Gottcschall

    Publication Date: 2022-12-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Benjamin Schwartz, Schwartz & Schwartz, Dover, DE for plaintiff.
    for defendant: Kenneth Doss, Casarino, Christman, Shalk, Ransom & Doss, Wilmington, DE for defendant.

    Case Number: N18C-09-142 SKR

    Additur appropriate where jury verdict on retrial indicated that it did not find liability or causation even though such issues had been resolved in a prior judgment as a matter of law, so that the jury's zero-verdict could be brought up to a minimum reasonable amount of damages.

  • Fretz v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-12-20
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Fretz, pro se appellant
    for defendant: Dover, DE. Michael G. Rushe, Hudson, Jones, Jaywork & Fisher, LLC, Dover, DE; Victoria E. Groff, Department of Justice, Wilmington, DE for appellees.

    Case Number: K22A-05-003 NEP

    The court remanded a decision of the Unemployment Insurance Appeal Board denying appellant's unemployment benefits on the basis that he voluntarily left his position and therefore did not qualify for benefits under 19 Del. C. §3314(1).

  • Bako Pathology LP v. Bakotic

    Publication Date: 2022-12-13
    Practice Area: Contractual Disputes
    Industry: Biotechnology
    Court: Delaware Superior Court
    Judge: Judge Valihura
    Attorneys: For plaintiff: Mary F. Dugan, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Robert W. Capobianco, Adriana R. Midence, Kelli N. Church, Jackson Lewis P.C., Atlanta, GA for appellants.
    for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE; Salmeh K. Fodor, Kristoffer V. Sargent, KF Law, LLC, Atlanta, GA for appellees.

    Case Number: 382, 2021

    The court affirmed in part and reversed in part a cross-appeal arising out of a corporate litigation claim.

  • Grottenthaler v. SVN Med, LLC

    Publication Date: 2022-12-13
    Practice Area: Employment Litigation
    Industry: Biotechnology | Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael W. McDermott, David B. Anthony, Berger Harris LLP, Wilmington, DE; Bryan J. Wick, Jack Lilley, Wick Phillips Gould & Martin, LLP, Dallas TX for plaintiff.
    for defendant: Blake Rohrbacher, Samuel J. Gray, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Messerli, The Messerli Law Firm, Trophy Club, TX for defendant.

    Case Number: N21C-12-131 CEB

    Suit for wages and severance pay was not dismissed where employer identified no condition precedent to terminated employee's right to receive wages, and where there were outstanding issues of material fact concerning whether employer had materially breached the parties' contract, entitling employee to receive separation pay.

  • State v. Galindez

    Publication Date: 2022-12-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1712008053

    Motion for postconviction relief failed where defendant could not show that newly discovered eyewitness with testimony supporting a claim of self-defense would have altered the outcome of the trial as such testimony did not establish defendant's actual innocence, particularly where the testimony could not explain why defendant continued to use force and robbed the victim.

  • Tolliver v. Qlarant Quality Solutions, Inc.

    Publication Date: 2022-12-06
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
    for defendant: Tiffany R. Hubbard, Pamela Moore, McCarter & English, LLP, Hartford, CT; Chelsea A. Botsch, McCarter & English, LLP, Wilmington, Delaware for defendants.

    Case Number: K21C-06-040 NEP

    The court found for defendant corporation in an employment litigation sounding in discrimination and defamation claims.