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Publication Date: 2020-12-23
Practice Area: Motor Vehicle Torts
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Emily P. Laursen, Kimmel Carter Roman Peltz & O’Neill, P.A., Newark, DE for plaintiff.
for defendant: Susan L. Hauske, Tybout Redfearn & Pell, Wilmington, DE for defendant.
Case Number: D69236
Counsel for defendant opted to participate in litigation knowing that service had not yet been effectuated, so this waived any issues regarding defective service.
Publication Date: 2020-12-16
Practice Area: Labor Law
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Streett
Attorneys: For plaintiff: Nicholas Bittner for appellant.
for defendant: Timothy E. Lengkeek for defendant.
Case Number: D69222
The Industrial Accident Board was obligated to permit parties to submit new evidence directly addressing the issues identified in the appellate court's remand order.
Publication Date: 2020-12-09
Practice Area: Administrative Law
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Streett
Attorneys: For plaintiff: Frederick Freibott for claimant.
for defendant: Joseph Andrews and Taylor E. Trapp for employer.
Case Number: D69219
The Industrial Accident Board's determination was supported by substantial evidence, and the board did not abuse its discretion in believing claimant's experts over those of employer. Affirmed.
Publication Date: 2020-12-09
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Tiffany Powers, Andrew Hatchett, Alston & Bird LLP, Atlanta, GA for defendants.
Case Number: D69214
Motion for leave to amend class claim denied where proposed relief sought had already been ordered by the court.
Publication Date: 2020-12-02
Practice Area: Contractual Disputes
Industry: Construction | Manufacturing
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Sally J. Daugherty, Cohen, Seglias, Pallas, Greenhall & Furman, P.C., Wilmington, DE for plaintiff.
for defendant: Sherilyn Pastor, Joseph Vila, McCarter & English, LLP, Newark, NJ; Kate Roggio Buck, McCarter & English, LLP, Wilmington, DE for defendant.
Case Number: D69212
A subcontractor could only seek to recover from the party with whom it had a contract, so the court dis-missed its claim against a third party for unjust enrichment.
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Authors: Don Tittle and Debbie Branscum
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Publication Date: 2020-12-02
Practice Area: Administrative Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Francis G. X. Pileggi, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Jamie L. Inferrera, Eckert Seamens Cherin & Mellott, LLC, Pittsburgh, PA for plaintiffs.
for defendant: Devera B. Scott, Deputy Attorney General, Department of Justice, Dover, DE; Kayli H. Spialter, Deputy Attorney General, Department of Justice, Wilmington, DE for defendants.
Case Number: D69207
State erred in issuing restrictions on permissible rifles for hunting where statutory law did not include such restrictions and the state failed to comply with the APA in issuing what constituted a de facto regulation.
Publication Date: 2020-11-25
Practice Area: Contracts
Industry: Chemicals and Materials
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; William S. Hatfield, Camille V. Otero, Esquire, Jennifer A. Hradil, Joshua Elias, Gibbons P.C., Newark, NJ for plaintiffs.
for defendant: William M. Lafferty, John P. DiTomo, Thomas P. Will, Miranda N. Gilbert, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Andrew J. Rossman, Jonathan B. Oblak, Tyler G. Whitmer, Nicholas Hoy, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for defendants.
Case Number: D69198
Where the parties' contract contained no language clearly demonstrating that the parties intended to allow for fee-shifting in first-party claims, plaintiff's claim for indemnification of legal fees and costs against contractual counterparty failed.
Publication Date: 2020-11-25
Practice Area: Contracts
Industry: Construction | State and Local Government
Court: Delaware Superior Court
Judge: Judge Streett
Attorneys: For plaintiff: Paul A. Logan for plaintiff.
for defendant: Max B. Walton for defendant.
Case Number: D69199
Motion for sanctions and contractual indemnification denied where there was no evidence of vexatious or harassing litigation conduct and moving party failed to follow contractual obligation to submit a demand for indemnification.
Publication Date: 2020-11-25
Practice Area: Occupational Safety and Health
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Scerba, LLC, Wilmington, DE for claimant.
for defendant: Paul V. Tatlow, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for employer.
Case Number: D69204
The Industrial Accident Board erred in requiring a claimant to prove an ongoing condition to recover per-manent impairment benefits, so the court reversed and remanded.
Publication Date: 2020-11-18
Practice Area: Labor Law
Industry: E-Commerce
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff: Craig T. Eliassen, Schmittinger and Rodriguez, P.A. for appellant.
for defendant: John J. Ellis, James T. Betts, Heckler & Frabizzio P.A. for appellee.
Case Number: D69191
Industrial Accident Board erred in finding worker's present pain to be aggravation of preexisting injuries rather than due to a work-related injury where worker's testimony that he had no pain and sought no treatment for over two decades prior to his work accident went uncontradicted and IAB cited to no other record evidence to reject that uncontradicted testimony as not credible.
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