• ShotSpotter Inc. v. VICE Media, LLC

    Publication Date: 2022-07-12
    Practice Area: Business Torts
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Bruce E. Farnan, Michael J. Farnan, Farnan LLP; Thomas A. Clare, Megan L. Meier, Amy M. Roller, Clare Locke LLP for plaintiff.
    for defendant: Thomas E. Hanson, Jr., Barnes & Thornburg LLP; Rachel Strom, Jeremy Chase, Nimra H. Azmi, Davis Wright Tremaine LLP for defendant.

    Case Number: D69885

    News article was not defamation per se where the facts communicated in the article supported the overall gist of the article, and plaintiff failed to plead facts showing the publisher's actual malice.

  • Parson v. Blemle

    Publication Date: 2022-07-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Kelley M. Huff, Shelsby & Leoni for plaintiff.
    for defendant: Colleen D. Shields, Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC; Maria R. Granaudo Gesty, Daniel P. Martz, Burns White, LLC; James E. Drnec, Katherine J. Sullivan, Wharton Levin Ehrmantraut & Klein, P.A. for defendants.

    Case Number: D69884

    Court excluded statistical evidence regarding the rarity of a medical complication, where the record showed that defendant considered that complication in the differential diagnosis and did not exclude it simply due to the rarity of occurrence.

  • US Dominion, Inc. v. Fox Corp.

    Publication Date: 2022-07-05
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Rodney Smolla, Wilmington, DE; Thomas A. Clare, Megan L. Meier, Dustin A. Pusch, Daniel P. Watkins, Clare Locke LLP, Alexandria, VA; Justin A. Nelson, Brittany Fowler, Susman Godfrey LLP, Houston, TX; Stephen Shackelford, Jr., Elisha Barron, Susman Godfrey LLP, New York, NY; Davida Brook, Susman Godfrey LLP, Los Angeles, CA; Stephen E. Morrissey, Susman Godfrey LLP, Seattle, WA for plaintiffs.
    for defendant: John L. Reed, Ronald N. Brown, III, DLA Piper LLP (US), Wilmington, DE; Eric M. George, Katherine A. Petti, Ellis George Cipollone O’Brien Annaguey LLP, Los Angeles, CA for defendants.

    Case Number: D69873

    Parent corporation could be held directly liable for defamation per se by subsidiary news outlet where parent company executives were alleged to be intimately involved in the outlet's operations and to have not believed the veracity or validity of the defamatory news broadcasts and articles.

  • State v. Chattin

    Publication Date: 2022-07-05
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Matthew B. Frawley, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Joshua Chattin, DE, pro se defendant.

    Case Number: D69877

    Postconviction motion dismissed as untimely where alleged newly discovered evidence was either known to defendant at the time of conviction or was not relevant to the trial proceedings.

  • Pascal Metrics, Inc. v. Health Catalyst, Inc.

    Publication Date: 2022-06-28
    Practice Area: Business Torts
    Industry: Health Care | Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Max L. Tribble, Jr., Rocco F. Magni, Susman Godfrey L.L.P., Houston, TX; Kalpana Srinivasan, Susman Godfrey L.L.P., Los Angeles, CA for plaintiff.
    for defendant: F. Troupe Mickler IV, Ashby & Geddes, P.A, Wilmington, DE; Gregory M. Saylin, Stephen Sansom, Tyson C. Horrocks, Holland & Hart LLP, Salt Lake City, UT for defendant.

    Case Number: D69863

    Applicable Utah Uniform Trade Secrets Act preempted tortious interference with contractual relations claims where underlying factual allegations were identical to those of plaintiff's misappropriation claim.

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  • PVP Aston, LLC v. Fin. Structures Ltd.

    Publication Date: 2022-06-28
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
    for defendant: Michael W. Teichman, Kashif I. Chowdhry, Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE; Jeffrey D. Brooks, Tanisha L. Massie, Morrison Cohen LLP, New York, NY for defendants.

    Case Number: D69867

    Court declined to apply jury waivers in related loan documents to obligors' claims against their mortgage insurer, where the waiver clauses did not unambiguously include claims arising from outside the loan transaction within their scope.

  • Council of the Vill. of Fountianview Condo. v. Corrozi-Fountain View LLC

    Publication Date: 2022-06-28
    Practice Area: Contracts
    Industry: Financial Services and Banking | Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Blake A. Bennett, C. Scott Reese, Dean R. Roland, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
    for defendant: David L. Baumberger, Law Offices of Chrissinger & Baumberger, Wilmington, DE; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE; Josiah R. Wolcott, Connolly Gallagher, Newark, DE; Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for defendants.

    Case Number: D69862

    Defective construction claims by condominium association were timely filed where receiver who previously controlled condo was appointed solely to complete construction and limit the losses of the mortgagee, such that the limitations period did not start running until the association of ow ners took control.

  • Judicial Watch v. Univ. of Delaware

    Publication Date: 2022-06-28
    Practice Area: Public Records
    Industry: Education | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Jr., Halloran Farkas + Kittila LLP, Wilmington, DE for appellants.
    for defendant: William E. Manning, James D. Taylor, Jr., Marisa R. DeFeo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for appellee.

    Case Number: D69866

    Public university's burden of proof to establish diligent search for responsive records required identifying which specific parties were consulted for responsive records and explaining how state funds were not used to acquire, curate, or manage the sought-after records.

  • Sands Fenwick, Inc. v. Alcohol Beverage Control Appeals Comm'n

    Publication Date: 2022-06-28
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Timothy G. Willard, Fuqua, Willard & Schab, P.A., Georgetown, DE for appellant.
    for defendant: Adria B. Martinelli, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: D69869

    Failure to name objecting neighbors in notice of appeal from denial of variance constituted a jurisdictional defect as the neighbors were indispensable parties who had an interest in the outcome of the appeal.

  • Knight Broadband LLC v. Knight

    Publication Date: 2022-06-14
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kevin R. Shannon, Christopher N. Kelly, Daniel M. Rusk, IV, Potter Anderson & Corroon LLP, Wilmington, DE; William C. O’Neil, Gretchen V. Scavo, Matthew Durkin, Winston & Strawn LLP, Chicago, IL for plaintiff.
    for defendant: Melissa D. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Timothy W. Weber, Joseph P. Kenny, Weber, Crabb & Wein, P.A., St. Petersburg, FL for defendants.

    Case Number: D69852

    Fraudulent misrepresentation claims dismissed where the alleged statements constituted forward-looking plans rather than existing facts and there was no evidence showing the speaker had no intention of fulfilling those plans.