• Carney v. B&B Serv. Co.

    Publication Date: 2021-04-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
    for defendant: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.

    Case Number: D69375

    Court denied defendants summary judgment on tortious interference claim where there were genuine issues of material fact as to whether one or more defendants engaged in improper conduct to interfere with plaintiff's sale of his property to a third party.

  • Highland Pipeline Leasing, LLC v. Magellan Pipeline Co., L.P.

    Publication Date: 2021-04-28
    Practice Area: Commercial Law
    Industry: Energy
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Raymond J. DiCamillo, Tyler E. Cragg, Richards, Layton and Finger, P.A., Wilmington, DE for plaintiffs.
    for defendant: Thomas W. Briggs, Jr., Zi-Xiang Shen, Morris, Nichols Arsht & Tunnell LLP, Wilmington, DE; John D. Rus-sell, Justin A. Lollman, GableGotwals, Tulsa, OK for defendant.

    Case Number: D69379

    The court granted a motion to stay this declaratory relief action, because an action involving the same par-ties and similar claims was already pending in another state.

  • CRE Niagara Holdings, LLC v. Resorts Group, Inc.

    Publication Date: 2021-04-21
    Practice Area: Contracts
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiffs.
    for defendant: Garvan McDaniel, Hogan McDaniel, Wilmington, DE; David S. Rosner, Jed I. Bergman, Paul J. Burgo, Stephan P. Thomasch, Kasowitz Benson Torres LLP, New York, NY for defendant.

    Case Number: D69368

    Forum selection clause selecting Delaware in parties' primary purchase agreement won out over conflicting forum selection clauses in prior-executed or ancillary agreements between the parties, precluding dismissal on forum non conveniens grounds.

  • Cook v. J and V Trucking Co., Inc.

    Publication Date: 2021-04-21
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Leroy A. Tice, Charles H. Toliver, IV, Leroy A. Tice, Esquire, Wilmington, DE for plaintiffs.
    for defendant: Tiffany M. Shrenk, MacElree Harvey, Ltd., Centreville, DE; Amy M. Taylor, Heckler & Fabrizzio, Wilmington, DE for defendants.

    Case Number: D69367

    Plaintiff could not hold employer liable under respondeat superior for injuries inflicted by employee who started a physical altercation where employer had express policies against fighting or threating behavior, making employee's decision to start the altercation outside the scope of his employment.

  • Pope v. Astrazeneca AB

    Publication Date: 2021-04-21
    Practice Area: Personal Injury
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE; Rebecca B. King, Tracey, Fox, King & Walters for plaintiffs.
    for defendant: Michael P. Kelly, James J. Freebery, Daniel J. Brown, Hayley J. Reese, McCarter & English, LLP, Wilming-ton, DE; Stephen D. Raber, Matthew D. Heins, Griffin R. Farha, Williams & Connolly LLP for defendants.

    Case Number: D69371

    The court granted defendants' motion to dismiss because plaintiff did not adequately plead his design de-fect or failure to warn claims, and his derivative negligence claims failed as well.

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  • Alside Supply Ctr. v. Bottomley

    Publication Date: 2021-04-14
    Practice Area: Labor Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Morgan Sack, Cipriani & Werner, P.C., Wilmington, DE for appellant.
    for defendant: Nicholas M. Krayer, Pratcher Krayer LLC, Wilmington, DE for appellee.

    Case Number: D69358

    Claimant entitled to workers' compensation for injuries suffered in assault upon arriving to work by unknown attackers where conflicts with other employees indicated that co-workers may have arranged for the assault, along with the lack of security at employer's facility supporting finding that the injuries arose from the course of employment.

  • State of Delaware v. Wilson

    Publication Date: 2021-04-07
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Mark A. Denney, Jr., Michael B. Cooksey, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Anthony A. Figiola, Jr., Greto Law, Wilmington, DE for defendant.

    Case Number: D69357

    The court denied defendant's motion for a new trial because the state did not improperly withhold excul-patory evidence and defendant failed to demonstrate any prejudice.

  • Gonzalez-Rodriguez v. Soto

    Publication Date: 2021-03-31
    Practice Area: Insurance Litigation
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Joel Fredricks, Weik, Nitsche & Dougherty, LLC, Wilmington, DE for plaintiff.
    for defendant: Jessica L. Tyler, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendant National Fire Insurance Company of Hartford.

    Case Number: D69346

    An injured worker lacked standing to reform an insurance policy where his employer had elected not to have underinsured motorist coverage, so the court granted insurer's motion to dismiss.

  • Napolitano v. Town of Fenwick Island

    Publication Date: 2021-03-24
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Nicholas G. Kondraschow, William Rhondunda, Rhondunda, Williams & Kondraschow, Wilmington, DE for petitioners.
    for defendant: Scott Wilcox, Moore & Rutt, P.A., Wilmington, DE for respondent.

    Case Number: D69338

    Issues of fact precluded dismissal of petitioners' complaint for a writ of mandamus to enforce local zoning regulations.

  • Valley Joist BD Holdings, LLC v. EBSCO Indus., Inc.

    Publication Date: 2021-03-24
    Practice Area: Mergers and Acquisitions
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Joseph B. Cicero, Aidan T. Hamilton, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Jeffrey H. Zaiger, Judd Lindenfeld, Zaiger LLC, New York, NY for plaintiff.
    for defendant: John P. DiTomo, Sara Toscano, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE for defendant.

    Case Number: D69341

    The parties' agreement unambiguously provided for a shortened limitations period and plaintiff failed to meet the heightened pleading standard for fraud, so the court dismissed plaintiff's breach of contract claim and fraud in the inducement claims.