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  • CIBC Bank USA v. JH Portfolio Debt Equities, LLC

    Publication Date: 2021-06-16
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kevin J. Mangan, Nicholas T. Verna, Womble Bond Dickinson (US) LLP, Wilmington, DE; Edward S. Weil, Melanie J. Chico, Mark A. Silverman, Dykema Gossett PLLC, Chicago, IL for plaintiff.
    for defendant: Raymond H. Lemisch, Sean M. Brennecke, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; Michael Granne, Provenzano Granne & Bader LLP, New York, NY; Matthew B. Lunn, Mary F. Dugan, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David E. Wilks, Andrea S. Brooks, Julie M. O’Dell, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE for defendants.
    Case Number: D69430

    Claims arising from defendants' entering into side agreements that purportedly interfered with plaintiff's security interest were dismissed where plaintiff failed to plead facts sufficient to show bad faith or that it induced the entry into the side agreements.

  • Green Am. Recycling, LLC v. Clean Earth, Inc.

    Publication Date: 2021-06-16
    Practice Area: Contractual Disputes
    Industry: Chemicals and Materials | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Michael C. Heyden, Jr., Tianna S. Bethune, Gordon Reese Scully Mansukhani LLP, Wilmington, DE for de-fendant.
    for defendant: Jeffrey L. Moyer, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; David L. Coffman, Joseph Kellmeyer, Sara L. Chamberlain, Thompson Corburn LLP, St. Louis, MO for third-party defendant.
    Case Number: D69433

    The court lacked personal jurisdiction over a third-party defendant, and jurisdictional discovery was not warranted under the facts of this case.

  • Heine v. JB Inc.

    Publication Date: 2021-06-16
    Practice Area: Personal Injury
    Industry: Food and Beverage | Retail
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Michael J. Hood, Michael J. Hood, LLC, Elsmere, DE for plaintiffs.
    for defendant: Sean A. Dolan, Mintzer Sarowitz Zeris Ledva & Meyers LLP, Wilmington, DE for defendant.
    Case Number: D69434

    A grocery store was not entitled to summary judgment because a jury had to decide whether the store act-ed as a reasonably prudent shopkeeper overseeing the activities of a third party.

  • Long v. Fulton Bank, N.A.

    Publication Date: 2021-06-09
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: David A. White, Matthew J. Rufino, McCarter & English, LLP, Wilmington, DE for plaintiffs.
    for defendant: Jared T. Green, R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.
    Case Number: D69427

    Where plaintiffs delayed approximately seven years before terminating a lease for nonpayment of rent, they breached an agreement, but factual questions remained on the issue of waiver, so the court declined to grant judgment in favor of defendant.

  • Dewey Beach Enter., Inc. v. Drass Ins. Agency, Inc.

    Publication Date: 2021-06-02
    Practice Area: Insurance Law
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
    for defendant: Susan List Hauske, Tybout, Redfearn & Pell, Wilmington, DE; Kimberly M. Jones, Christian M. Gunneson, Wood, Smith Henning & Berman, LLP, Tampa, FL for defendant.
    Case Number: D69415

    Insurers were not entitled to dismiss or stay action seeking declaration of coverage for triggering loss under insurers' policy based solely on insurers' claim of continuing to investigate the claim.

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  • Diamond Materials, LLC v. Tutor Perini Corp.

    Publication Date: 2021-06-02
    Practice Area: Contracts
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Steven F. Mones, Mintzer Sarowitz Zeris Ledva & Meyers, LLP, Wilmington, DE; Ross D. Ginsberg, Weinberg Wheeler Hudgins, Gunn & Dial, LLC, Atlanta, GA for plaintiff.
    for defendant: James S. Green, Jr., Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.
    Case Number: D69416

    Where contractual arbitration provision gave defendant the obligation to decide whether other party's claims qualified within the category of claims subject to arbitration, the defendant's decision to seek arbitration of claims it found to fall within the scope of the arbitration clause required their dismissal from the action in favor of arbitration.

  • State of Delaware v. Ray

    Publication Date: 2021-06-02
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Matthew C. Bloom, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, The Law Office of Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D69421

    The court denied defendant's motions for post-conviction relief because some of the matters had already been decided on direct appeal, and defendant failed to demonstrate prejudice on the remaining issues.

  • Stevens v. Estate of Dalious

    Publication Date: 2021-05-26
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Robert C. Collins, II, Schwartz & Schwartz, P.A., Wilmington, DE for plaintiffs.
    for defendant: Kenneth M. Doss, Daniella C. Spitelli, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendant.
    Case Number: D69412

    The court granted summary judgment on an insurer's claim regarding uninsured motorist benefits because the insured did not identify any negligence on the part of the driver of a phantom vehicle.

  • State of Delaware, ex rel. Jennings v. Capriglione

    Publication Date: 2021-05-19
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Mark A. Denny, Jr., David C. Skoranski, Dep’t of Justice, Wilmington, DE for petitioner.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for respondent Capriglione. N. Christopher Griffiths, Daniel R. Stanek, Connolly Gallagher LLP, Wilmington, DE for respondent Town of Newport.
    Case Number: D69402

    A conviction for the misdemeanor of official misconduct qualified as an "infamous crime" within the mean-ing of the Delaware constitution, so the individual was precluded from subsequently holding public office.

  • State of Delaware v. Irwin

    Publication Date: 2021-05-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: James K. McCloskey, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Thomas A. Foley, Wilmington, DE for defendant.
    Case Number: D69403

    A warrantless search of defendant's residence was improper, and although the search yielded no evidence that could be suppressed, the court held that defendant was entitled to a reduction in his probationary peri-od.