• State of Delaware v. Smith

    Publication Date: 2020-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Amanda J. DiLiberto, Deputy Attorney General, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.

    Case Number: D68932

    Defendant was not entitled to post-conviction relief, because trial counsel did not act improperly in cross-examining a witness instead of moving to strike, requesting a curative instruction, or moving for a mistrial.

  • Schweitzer v. LCR Capital Partners, LLC

    Publication Date: 2020-03-25
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Sean A. Meluney and Matthew D. Beebe, Benesch Friedlander Coplan & Aronoff, LLP, Wilmington, DE; Scott R. Matthews, Windels Marx Lane & Mittendorf, LLP, New York, NY for plaintiff.
    for defendant: James M. Yoch, Jr. and Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Lindsay Neinast, Littler Mendelson PC, Washington, DC for defendant.

    Case Number: D68925

    The court lacked personal jurisdiction over a non-resident company manager, and it granted motions to dismiss as to indemni-fication and defamation claims. However, plaintiff adequately stated a wage claim.

  • Erosion Control Specialists, Inc. v. Hyetts Corner, LLC

    Publication Date: 2020-03-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: G. Kevin Fasic, Offit Kurman, P.A., Wilmington, DE for plaintiff.
    for defendant: Richard L. Abbott, Abbott Law Firm, LLC, Hockessin, DE for defendant.

    Case Number: D68921

    A landscaping contractor was not entitled to a mechanic's lien or to recovery under the Building Construction Payments Act, because it performed no work on any structure. Motion to dismiss granted.

  • Delaware Technical & Cmty. Coll. v. Binns

    Publication Date: 2020-03-25
    Practice Area: Labor Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Elizabeth O. Groller for appellant.
    for defendant: Gary W. Aber, Gary W. Aber, P.A. for appellee.

    Case Number: D68920

    Terminated employee entitled to unemployment benefits where his termination was without just cause as he was not put on notice regarding his conduct and his conduct was not sufficiently egregious to warrant termination in the absence of prior warning.

  • Powell v. AmGuard Ins. Co.

    Publication Date: 2020-03-18
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John S. Spadaro of John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE; John D. Balaguer, White & Williams, LLP, Wilmington, DE; Ed-ward M. Koch, White & Williams, LLP, Philadelphia, PA for defendant.

    Case Number: D68914

    The jury's verdict of $500,000 in punitive damages shocked the conscience because it was so disproportionate to the compen-satory damages. The court granted defendant's motion for a new trial on the issues of both liability and damages, because plain-tiff's counsel made inflammatory remarks during closing argument which likely prejudiced the jury.

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  • State of Delaware v. Wisher

    Publication Date: 2020-03-18
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Erika Flaschner and Jillian Schroeder, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Cathy Johnson and Charles Tate, Office of Defense Services, Wilmington, DE for defendant.

    Case Number: D68916

    The court denied a juvenile's motion to transfer charges to family court, because the juvenile engaged in conduct that was in-creasingly violent, and he had not meaningfully responded to past attempts at rehabilitation.

  • Duncan v. STTCPL, LLC

    Publication Date: 2020-03-04
    Practice Area: Environmental Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Mark F. Dunkle, Elio Battista, and Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendants Service Energy, LLC and STTCPL, LLC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Coastal Pump and Tank, Inc.

    Case Number: D68896

    Gas station owner was bound to environmental contamination settlement agreement where owner failed to present evidence that any new contamination arose as a result of tenant's activities.

  • State of Delaware v. Smith

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Matthew Frawley, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.

    Case Number: D68901

    The court denied a juvenile defendant's motion to transfer his case to family court.

  • State of Delaware v. Purnell

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68900

    The court summarily dismissed defendant's motion for post-conviction relief because it was untimely.

  • State of Delaware v. Purnell

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68900

    The court summarily dismissed defendant's motion for post-conviction relief because it was untimely.