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  • McCafferty v. New Castle County Bd. of License, Inspection & Review

    Publication Date: 2021-07-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: John P. McCafferty, pro se petitioner, Claymont, DE.
    for defendant: Jordan Perry, New Castle, DE for respondents.
    Case Number: D69482

    The court affirmed a decision by a county board because petitioner failed to demonstrate the proceeding was unconstitutional in any way.

  • Verde v. Simpler

    Publication Date: 2021-07-21
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Michael Abram, Georgetown, DE for appellant
    for defendant: Ann C. Cordo, Delaware Attorney General’s Office, Wilmington, DE for appellee.
    Case Number: D69477

    The court affirmed a decision by the Department of Motor Vehicles to revoke a driver's license based on probable cause that the person was driving under the influence.

  • State v. Tucker

    Publication Date: 2021-07-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Allison Abessinio, Erika Flaschner, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Natalie Woloshin, Woloshin, Lynch and Associates, Wilmington, DE for defendant.
    Case Number: D69467

    Trial counsel's conduct was not ineffective and defendant failed to demonstrate prejudice, so the court de-nied defendant's motion for post-conviction relief.

  • First Solar, Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA,

    Publication Date: 2021-07-07
    Practice Area: Insurance Law
    Industry: Energy | Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Adam Ziffer, Meredith Elkins, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for plaintiff.
    for defendant: John C. Phillips, Jr., David A. Bilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Charles C. Lemley, Kim Melvin, Anna Schaffner, Wiley Rein LLP, Washington, DC: Kurt M. Heyman, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Scott B. Schreiber, Arthur Luk, Omomah Abebe, Cole Kroshus, Arnold & Portker Kaye Scholer LLP, Washington, DC for defendants.
    Case Number: D69456

    Second securities fraud suit filed by plaintiff who opted out of prior suit and asserted claims arising from the same alleged misrepresentations related back to the first action, thereby causing it to fall out of the coverage period of the relevant insurance policy.

  • Duncan v. Garvin

    Publication Date: 2021-07-07
    Practice Area: Environmental Law
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Patrick C. Gallagher, Alexis N. Stombaugh, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Kayli H. Spialter, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for defendant.
    Case Number: D69455

    Party to settlement with the government could not seek writ of mandamus to compel government to fulfill contractual obligation under the settlement, especially where the obligation was conditioned on the settling party's performance.

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  • Richardson v. Christiana Care Health Serv., Inc.

    Publication Date: 2021-07-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
    for defendant: Joshua H. Meyeroff, Morris James LLP, Wilmington, DE for defendant.
    Case Number: D69460

    The court granted some of plaintiff's motions in limine in this medical negligence case, but denied other motions to exclude testimony.

  • State of Delaware v. Dunn

    Publication Date: 2021-07-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Erika Flaschner, Christina Ruggiero, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Monika Germono, Meghan Crist, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69461

    The court denied a juvenile defendant's motion to transfer criminal charges to family court, because prior attempts at rehabilitation had been unsuccessful, defendant's criminal behavior had escalated, and transfer-ring the charges to family court was not in the interests of society or defendant.

  • State v. Boddy

    Publication Date: 2021-06-30
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Matthew Frawley, Matthew Buckworth, Department of Justice, Wilmington, DE for the state.
    for defendant: Monika Germono, Meghan Crist, Office of Defense Services, Wilmington, DE for defendant.
    Case Number: D69452

    Following a reverse amenability hearing, the court denied a juvenile's motion to transfer criminal charges to family court due to the seriousness of the charges and the failure of prior rehabilitative efforts.

  • Auto Equity Loans of Delaware LLC v. Baird

    Publication Date: 2021-06-23
    Practice Area: Fee Disputes
    Industry: Financial Services and Banking | Automotive
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Stephen A. Spence, Catherine M. Cramer, Baird Mandalas Brockstedt, LLC, Lewes, DE for appellant.
    for defendant: Vivian A. Houghton, Law Office of Vivian A. Houghton, Wilmington, DE; Robert F. Salvin, Bala Cynwyd, PA for appellees.
    Case Number: D69439

    Application to trial court for statutory fee shifting for appellee work was not time-barred where litigants requested remand for entry of judgment and to file applications for fees, while the appellate courts' decisions remanded the matter back to the trial court for further proceedings.

  • ARKRAY Am., Inc. v. Navigator Bus. Solutions, Inc.

    Publication Date: 2021-06-23
    Practice Area: Contracts
    Industry: Consulting | Software
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson Corroon LLP, Wilmington, DE; Julia E. Markley, Nathan R. Morales, Perkins Coie LLP, Portland, OR; Lindsey Dunn, Perkins Coie LLP, Denver, CO for plaintiff.
    for defendant: Stephen J. Kraftschik, Christina B. Vavala, Polsinelli PC, Wilmington, DE; Eric E. Lynch, Jonathan G. Brinson, Polsinelli PC, Phoenix, AZ; Scott B. Czerwonka, Wilks Law, LLC, Wilmington, DE; Mark K. Thompson, MKT Law PLC, Minneapolis, MN for defendants.
    Case Number: D69438

    Contractual choice-of-law provisions did not bar claims where the provision only applied to contractual claims, and the applicable state law did not preclude enforcement of another jurisdiction's statutory unfair business practices claim.