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  • State of Delaware v. Henry

    Publication Date: 2020-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Christel Duff, Dep’t of Justice, Dover, DE for the state.
    for defendant: Ronnier Henry, Seaford, DE, pro se defendant.
    Case Number: D68981

    The trial court improperly granted a motion to suppress, because an on-duty paramedic was a government actor and he had probable cause to detain defendant. Reversed and remanded.

  • Taylor v. George

    Publication Date: 2020-05-06
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hedrick, II, Bove & Hedrick, Wilmington, DE for plaintiff.
    for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for the state. Martin O’Connor, Dep’t of Justice, Wilmington, DE for defendants George and Christina School Dist.
    Case Number: D68973

    The law did not permit transfer of a civil action to an administrative agency, and the equal protection clause did not require transfer. Motion to transfer denied, but motion to amend granted.

  • Cuppels v. Mountaire Corp.

    Publication Date: 2020-04-29
    Practice Area: Environmental Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt and Stephen A. Spence, Baird Mandalas Brockstedt, Lewes, DE for plaintiff.
    for defendant: Devera B. Scott and William J. Kassab, Department of Justice, Dover, DE for non-party movant.
    Case Number: D68960

    Plaintiffs alleging injury from environmental violations were entitled to subpoena records from the Delaware Department of Natural Resources relating to its settlements with the defendants in plaintiffs' injury action.

  • Brandywood Civic Ass'n v. Cohan

    Publication Date: 2020-04-29
    Practice Area: Transportation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiffs.
    for defendant: Ann C. Cordo, Esquire, Deputy Attorney General, State of Delaware, Department of Justice, Wilmington, DE for defendants.
    Case Number: D68958

    Dismissal of declaratory judgment and mandamus action granted where funding program for DelDOT to complete road and transportation projects was a blend of legislative and executive powers and therefore did not violate separation of powers, and where plaintiffs failed to specify the relief sought through writ of mandamus.

  • Firmenich Inc. v. Natural Flavors, Inc.

    Publication Date: 2020-04-22
    Practice Area: Mergers and Acquisitions
    Industry: Chemicals and Materials | Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Alizia R. Karetnick, Ballard Spahr LLP, Philadelphia, PA; Brittany M. Giusini and Elizabeth A. Sloan, Ballard Spahr LLP, Wilmington, DE for plaintiff.
    for defendant: Lisa Zwally Brown, Steven T. Margolin, and Samuel Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Jason Kislin, and Matthew F. Bruno, Greenberg Traurig, LLP, Florham Park, NJ for defendants Natural Flavors, Inc., Harris Stein, Herbert Stein and Jason Stein. Jeffrey W. Lorell, Nino A. Coviello, and Alex C. Banzhaf, Saiber, LLC, Florham Park, NJ, Paul Cottrell, and Melissa L. Rhoads, Tighe & Cottrell, P.A., Wilmington, DE for defendants Jocelyn Manship and Julie Weisman.
    Case Number: D68951

    Duplicative damages bar did not preclude plaintiff from pursuing breach of contract and fraudulent inducement claims in the alternative where plaintiff's claim for rescission damages sufficiently distinguished its legal theories to allow them to proceed in parallel.

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    Connecticut Business Litigation, 4th Edition

    Authors: THOMAS J. FINN, PAULA CRUZ CEDILLO

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  • Oshatola v. Stipe

    Publication Date: 2020-04-22
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
    for defendant: Jessica L. Tyler, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants Stipe and AmSpec LLC. Sean A. Dolan, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendant Progressive Direct Ins. Co.
    Case Number: D68953

    Plaintiffs' amended complaint was not timely-filed, so it did not relate back to date the original complaint was filed. The court granted a defendant's motion to dismiss due to the expiration of the statute of limitations.

  • Sun Life Assurance Co. of Canada v. Wilmington Sav. Fund Soc'y

    Publication Date: 2020-04-20
    Practice Area: Law Firm Client Relationships
    Industry: Financial Services and Banking | Insurance | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Simon E. Fraser and Thomas Francella, Cozen O’Connor, Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi and Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for defendant.
    Case Number: D68955

    A law firm's prior representation presented a conflict that could not be waived. Motion for reargument denied.

  • Weinstein v. Luxeyard, Inc.

    Publication Date: 2020-04-08
    Practice Area: Contractual Disputes
    Industry: E-Commerce | Retail
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE for plaintiff.
    for defendant: Ann M. Kashishian, Kashishian Law, LLC, Wilmington, DE for defendant.
    Case Number: D68941

    The court denied defendant's motions to amend its answer based on undue delay, prejudice and bad faith.

  • Rehoboth Bay Homeowners' Ass'n v. Hometown Rehoboth Bay, LLC

    Publication Date: 2020-04-01
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Olga K. Beskrone, Community Legal Aid Society, Inc., Wilmington, DE for appellant homeowners.
    for defendant: Michael P. Morton, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellee landowner.
    Case Number: D68929

    The court affirmed an arbitrator's decision regarding a rent increase under the Rent Justification Act, because it was supported by substantial evidence of expenses directly related to capital improvements involving a manufactured home community.

  • Monzo v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2020-04-01
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Dana Spring Monzo and Eric J. Monzo, pro se plaintiffs.
    for defendant: Louis J. Rizzo, Jr. and Paul D. Sunshine, Reger Rizzo & Darnall LLP for defendant.
    Case Number: D68927

    Homeowners not entitled to insurance coverage for property damage caused by a rainstorm where "scouring" and "debris from trees" found by the parties' engineers to have caused the damage fell within the homeowners' policy's exclusions for "earth movement" and "water-borne material."