• Monzo v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2022-02-08
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Eric K. Monzo, Morris James LLP, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.

    Case Number: D69708

    Motion to amend to add bad faith claim denied as futile where the parties had engaged in good faith litigation about the availability of coverage under the policy.

  • Imhof v. Delaware Bd. of Med. Licensure & Discipline

    Publication Date: 2022-02-08
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Bruce A. Rogers, Bruce A. Rogers, P.A., Georgetown, DE for appellant.
    for defendant: Kemba Lydia-Moore, Patricia A. Davis, Deputy Attorneys General, Department of Justice, Dover, DE for appellee.

    Case Number: D69707

    The court held that there was substantial evidence for the hearing officer who denied paramedic licensure to decide that appellant engaged in crimes related to the practice of medicine and that appellant engaged in deceitful conduct that tended to bring discredit to the profession.

  • Gonzalez v. Perdue Farms, Inc.

    Publication Date: 2022-02-01
    Practice Area: Employment Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
    for defendant: Andrea C. Panico, Tybout, Redfearn & Pell, Wilmington, DE for appellee.

    Case Number: D69694

    The court held that the Industrial Board's decision to accept one medical expert's testimony over contradictory testimony from a different medical expert was within the purview of the Board and would not be changed on appeal.

  • Weinstein v. Luxeyard, Inc.

    Publication Date: 2022-02-01
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Retail
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, for plaintiffs.
    for defendant: Ann M. Kashishian, Kashishian Law, LLC, Wilmington, DE; Jack J. Nichols, Jack J. Nichols, P.C., Houston, TX for defendant.

    Case Number: D69697

    The court held that the convertible debentures at issue were conditional because they contained an express condition for payment which made the agreement a contract and not a negotiable instrument.

  • Neece v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-02-01
    Practice Area: Employment Litigation
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Connie Neece, pro se appellant.
    for defendant: Victoria Groff, Victoria W. Counihan; Daniel Mulveny, Department of Justice, Wilmington, DE for appellee.

    Case Number: D69695

    The court reversed the decision of the Unemployment Insurance Appeal Board that denied compensation to claimant because a pertinent document that was referred to in the hearing was "purposely disregarded when rendering it's opinion" and the document was excluded from the record on appeal by the Board.

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  • Venator Materials PLC v. Tronox Ltd.

    Publication Date: 2022-01-25
    Practice Area: Contractual Disputes
    Industry: Chemicals and Materials | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Ross, Garrett B. Moritz, S. Michael Sirkin, Adam D. Gold, S. Reiko Rogozen, Ross Aronstam & Moritz LLP, Wilming-ton, DE for plaintiff/counterclaim defendant.
    for defendant: Patricia A. Winston, Barnaby Grzaslewicz, Morris James LLP, Wilmington, DE, Glen Silverstein, Michael J. Tiffany, Stephanie L. Gase, Daniel A. Johnson, Leader Berkon Colao & Silverstein LLP, New York, NY for defendant/counterclaim plaintiff.

    Case Number: D69689

    The court held that one of plaintiff's motions in limine was premature as issues of relevancy and prejudice raised by plaintiff were better resolved at trial and the other motion in limine to exclude purported expert was without basis because the witness's background clearly made him an expert in the area where he planned to testify. Opposed motions in limine denied.

  • Chambers v. Canal Athletic Ass'n Inc.

    Publication Date: 2022-01-25
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Philip T. Edwards, Murphy & Landon, Wilmington, DE; Samuel I. Reich, Laffey, Bucci & Kent, LLP, Philadelphia, PA for plaintiffs.
    for defendant: Matthew P. Donelson, Kent & McBride, P.C., Wilmington, DE; Thomas J. Gerard, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.

    Case Number: D69693

    Manufacturer of concession stand had no liability to party injured by the structure's window where the purchaser of the stand specified that no securing latch be installed for the window and subsequently fitted its own latch.

  • Benefytt Tech. Inc. v. Capitol Specialty Ins. Corp.

    Publication Date: 2022-01-18
    Practice Area: Insurance Litigation
    Industry: E-Commerce | Insurance
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla Jones, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiff.
    for defendant: Robert J. Katzenstein, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Patricia A Winston, Morris James LLP, Wilmington, DE; Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; John C. Phillips, Jr., David Bilson, Phillips Mclaughlin & Hall, P.A., Wilmington, DE; Joanna J. Cline, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE for defendants.

    Case Number: D69682

    The court held that there was an actual controversy that was ripe for adjudication between plaintiff and defendant insurance company.

  • Alatus Aerosystems v. Triumph Aerostructures, LLC

    Publication Date: 2022-01-11
    Practice Area: Contractual Disputes
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: John L. Reed, Kelly L. Freund, DLA Piper LLP, Wilmington, DE; Benjamin D. Schuman, Harry P. Rudo, DLA Piper LLP, Baltimore, MD for plaintiff.
    for defendant: 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.

    Case Number: D69673

    The court held that the parties did not reach a settlement agreement as there were material terms that still had not been agreed upon and the conduct of the parties was contrary to an overt manifestation of assent.

  • Torres v. Bishop

    Publication Date: 2022-01-11
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Robert Taylor, Barros Macnamara Malkiewicz and Taylor, Dover, DE for plaintiffs
    for defendant: Arthur Kuhl, Reger Rizzo and Darnall LLP, Wilmington, DE for defendant.

    Case Number: D69675

    Evidence supported finding of proximate negligence for motor vehicle accident where driver was distracted by a pet in the vehicle and focused on the opposite side of the vehicle from where the driver's vehicle impacted with another car.