• Harvey Hanna Assoc. v. Sheehan

    Publication Date: 2020-06-24
    Practice Area: Administrative Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell, Wilmington, DE for employer.
    for defendant: Frederick S. Freibott, The Freibott Law Firm, P.A, Wilmington, DE for claimant.

    Case Number: D69026

    Substantial evidence supported the Industrial Accident Board's decision that an injured worker was entitled to additional compensation because he suffered a recurrence of total disability.

  • GEA Sys. N. Am. LLC v. Golden State Food Corp.

    Publication Date: 2020-06-24
    Practice Area: Contractual Disputes
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David E. Ross, Bradley R. Aronstam and R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; E. Hutchinson Robbins, Jr. and Megan B. Burnet, Miles & Stockbridge P.C., Baltimore, MD for plaintiff.
    for defendant: Patricia L. Enerio and Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Randy K. Jones and Ann-Marie Dao, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., San Diego, CA for defendant Golden State Foods Corp. Brian M. Rostocki, Benjamin Chapple and Justin M. Forcier, Reed Smith LLP, Wilmington, DE for third-party defendant Allianz Global Risks U.S. Ins. Co.

    Case Number: D69025

    In this breach of contract action, defendant adequately alleged a negligence counterclaim, but the court dismissed the remaining counterclaims.

  • Bradford v. Beebe Med. Ctr.

    Publication Date: 2020-06-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Thomas Michael Bradford, Washington, DC, pro se plaintiff
    for defendant: Bradley J. Goewert and Catherine M. Cramer, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Beebe Medical Center. John D. Balaguer and Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants Haldar and Cathcart.

    Case Number: D69023

    Defendant hospital dismissed from medical malpractice action where complaint was filed outside statute of limitations and plaintiff's notice of investigation to extend limitations window failed to identify hospital as a potential defendant.

  • AssuredPartners of Virginia, LLC v. Sheehan

    Publication Date: 2020-06-17
    Practice Area: Contracts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Gregory P. Williams, Blake Rohrbacher, Matthew D. Perri, and Kevin M. Regan, Richards, Layton & Finger, P.A., Wilmington, DE; Joseph G. Santoro and Roger W. Feicht, Gunster, West Palm Beach, FL, for plaintiff.
    for defendant: Martin S. Lessner, Lauren Dunkle Fortunato, and Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for defendants.

    Case Number: D69014

    Breach of asset purchase agreement claims allowed to proceed where plaintiff alleged defendant sellers breached agreement by making unauthorized post-closing payments to certain defendants and by failing to disclose pre-closing liabilities.

  • State of Delaware v. Williamson

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David Hume, IV and John W. Donahue, IV, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Thomas A. Pedersen and Michael R. Abram for defendant.

    Case Number: D69020

    The court denied defendant's motion to dismiss the murder charges against him, and it granted the state's motion to involuntarily medicate defendant to restore his competency to stand trial.

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  • State of Delaware v. Reed

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Caroline Brittingham and Nichole Gannett, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: N/A

    Case Number: D69019

    The court denied defendant's motions to withdraw his guilty plea and for post-conviction relief, because his sentence was just under the circumstances.

  • Athene Life & Annuity Co. v. Am. Gen. Life Ins. Co.

    Publication Date: 2020-06-03
    Practice Area: Insurance Law
    Industry: Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Martin S. Lessner, Richard J. Thomas, and M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; James P. Gillespie and Dustin Hillsley, Kirkland& Ellis LLP, New York, NY; Adam T. Humann, Kirkland & Ellis LLP, Washington, DC for plaintiff Athene. Brian C. Ralston, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiffs American Investors and Indianapolis Life.
    for defendant: Kenneth J. Nachbar and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendant American Life. Joel Friedlander and Christopher P. Quinn, Friedlander & Gorris, P.A, Wilmington, DE; John L. Jacobus, J. Walker Johnson, Catherine D. Cockerham, and William Carson, Steptoe & Johnson LLP, Washington, DC; Jeffrey B. Korn and Stuart R. Lombardi, Willkie Farr & Gallagher LLP, Washington, DC; Joseph G. Davis, Willkie Farr & Gallagher LLP, New York, NY for defendants ZC Resource Investment Trust and ZC Resource LLC.

    Case Number: D68999

    Breach of contract and tortious interference claims arising from alleged rights to surrender or reallocation value from corporate-owned life insurance policies were dismissed as unripe where the policyholder had made no effort to surrender or reallocate.

  • Fowler v. Pratcher Krayer, LLC

    Publication Date: 2020-06-03
    Practice Area: Attorney Rates and Arrangements
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Stanford Fowler, pro se plaintiff.
    for defendant: Samuel D. Pratcher, III for defendant.

    Case Number: D69001

    Under the terms of a retainer agreement, a law firm was entitled to one-third of the entire settlement.

  • Guy v. City of Wilmington

    Publication Date: 2020-06-03
    Practice Area: Government
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Samuel L. Guy, The Law Office of Samuel L. Guy, Wilmington, DE for petitioner.
    for defendant: Daniel A. Griffith and Kaan Ekiner, Whiteford Taylor Preston LLC , Wilmington, DE for respondent.

    Case Number: D69003

    Although a dispute about the validity of city council votes constituted a justiciable controversy, a rule re-quiring a supermajority vote for certain amendments did not violate the city charter.

  • State of Delaware, Dep't of Transp. v. Pearson

    Publication Date: 2020-06-03
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Kevin R. Slattery, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Lance Green, O’Donoghue and O’Donoghue, LLP, New Castle, DE for employees.

    Case Number: D69004

    Two employees were entitled to differential pay when they worked additional night shifts at the request of the agency.