• State of Delaware v. Wright

    Publication Date: 2020-11-18
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69197

    In the interest of justice, the court concluded that defendant was entitled to the appointment of counsel to assist her in connection with her motion for postconviction relief.

  • Neylon v. Zabel

    Publication Date: 2020-11-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: James P. Hall, Phillips Goldman McLaughlin & Hall P.A., Wilmington, DE for plaintiff.
    for defendant: Gregory S. McKee, Katherine J. Sullivan, Wharton Levin Ehrmantrout & Klein, P.A., Wilmington, DE for de-fendants.

    Case Number: D69194

    Plaintiff's settlement agreement in a separate personal injury proceeding against another entity did not preclude her malpractice claims against defendants.

  • Reed v. BNSF Ry. Co.

    Publication Date: 2020-11-18
    Practice Area: Occupational Safety and Health
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: A. Dale Bowers, Law Office of A. Dale Bowers P.A., Wilmington, DE for plaintiff.
    for defendant: Maria R. Granuado Gesty, Burns White LLC, Wilmington, DE for defendant.

    Case Number: D69195

    Factual issues regarding the parties' intent with respect to the scope of a release agreement precluded summary judgment.

  • Langston v. Exterior Pro Solutions, Inc.

    Publication Date: 2020-11-04
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Thomas E. Hanson, Jr., Barnes & Thornburg LLP, Wilmington, DE for plaintiff.
    for defendant: Victoria K. Petrone, Brian V. DeMott, Baird Mandalas Brockstedt LLC, Wilmington, DE for defendant.

    Case Number: D69178

    A complaint and its accompanying documents together enabled the calculation of a sum certain for damag-es, so plaintiff was entitled to a default judgment in that amount.

  • State of Delaware v. Pumphrey

    Publication Date: 2020-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Amanda Nyman, Delaware Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.

    Case Number: D69181

    The court denied defendant's motion for post-conviction relief because he failed to establish ineffective assistance of his trial counsel.

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

    View more book results for the query "*"

  • Torrent Pharma, Inc. v. Priority Healthcare Distrib., Inc.

    Publication Date: 2020-10-28
    Practice Area: Landlord Tenant Law
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson, LLP, Wilmington, DE for plaintiff.
    for defendant: Elizabeth Sloan, Brittany M. Giusani, Ballard Spahr, Wilmington, DE; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.

    Case Number: D69172

    A genuine issue of material fact existed as to whether property damage resulted from tenant's failure to make repairs or because of landlord's failure to replace a mechanical system.

  • State of Delaware v. Pinkston

    Publication Date: 2020-10-28
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Mark A. Denney, Jr., John S. Taylor, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.

    Case Number: D69170

    Defendant's trial counsel was not ineffective in failing to request a jury instruction for a lesser-included offense.

  • Gibbs v. 84 Lumber Co.

    Publication Date: 2020-10-21
    Practice Area: Occupational Safety and Health
    Industry: Chemicals and Materials
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Ipek Kurul, Bartholomew J. Dalton, Andrew C. Dalton, Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Adam Balick, Michael Collins Smith, Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE for plaintiffs.
    for defendant: Beth E. Valocch, Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE for defendant.

    Case Number: D69161

    The court granted summary judgment in favor of the supplier of raw asbestos, because it did not have a duty to warn end users of the dangers of asbestos-containing products manufactured by other companies.

  • Donald M. Durkin Contracting., Inc. v. City of Newark

    Publication Date: 2020-10-21
    Practice Area: Litigation
    Industry: Construction | Legal Services | 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: D69160

    Reargument on motion to dismiss declaratory judgment suit denied where plaintiff asserted no new facts or law to change the court's determination that the parties' settlement agreement did not obligate defendant to cooperate in plaintiff's separate action against defendant's counsel.

  • Legion Partners Asset Mgmt., LLC v. Underwriters at Lloyds London

    Publication Date: 2020-10-14
    Practice Area: Insurance Law
    Industry: Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: David J. Soldo, Patricia A. Winston, Morris James LLP, Wilmington, DE for plaintiff.
    for defendant: Carmella P. Keener, Cooch and Taylor, P.A., Wilmington, DE; Kim W. West, Alec H. Boyd, Clyde & Co. U.S. LLP, San Francisco, CA for defendant.

    Case Number: D69153

    Insurer was obligated to advance costs pertaining to insured's defense to counterclaims in an arbitration proceeding, because those counterclaims were within the scope of the policy.