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  • Naisha v. Gilead Sciences, Inc.

    Publication Date: 2019-11-20
    Practice Area: Civil Rights
    Industry: Biotechnology
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Vanessa L. Naisha, pro se plaintiff
    for defendant: Smyrna, DE. Brian C. Ralston and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE for defendant.
    Case Number: D68776

    Pro se plaintiff not entitled to appointment of counsel for her civil case where there was no evidence plaintiff's access to the courts would be restricted absent appointed counsel and where plaintiff's diminished chance of success did not outweigh the government's interests.

  • Winshall v. Viacom Int'l Inc.

    Publication Date: 2019-11-20
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68781

    The indemnification provision in the parties' merger agreement did not apply to attorney fees in first-party claims, so the court denied plaintiff's request for an award of attorney fees and expenses.

  • Holben v. Pepsi Bottling Ventures, LLC

    Publication Date: 2019-11-20
    Practice Area: Fee Disputes
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE, for appellant.
    for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE, attorney for appellee.
    Case Number: D68774

    The Industrial Accident Board erred in awarding attorneys' fees that exceeded 30 percent of the amount on an "issue" in which a claimant obtained a recovery greater than that offered by the employer prior to hearing.

  • Webster v. Brosman

    Publication Date: 2019-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Samuel D. Pratcher, III, Pratcher Krayer LLC, Wilmington, DE; Willie E. Gary and Larry A. Strauss, Gary, Williams, Parenti, Watson & Gary, PLLC, Stuart, FL for plaintiff.
    for defendant: David J. Ferry, Jr., Thomas R. Riggs and James Gaspero, Jr., Wilmington, DE of Ferry Joseph PA for defendants.
    Case Number: D68780

    Plaintiff's fraud and conversion claims against defendants were time-barred, and the court lacked subject mat-ter jurisdiction over the claim for an accounting.

  • State of Delaware v. Thomas

    Publication Date: 2019-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jordan A. Braunsberg of the Dept’ of Justice for the state.
    for defendant: Damion Thomas, pro se defendant.
    Case Number: D68778

    Changes in the law which allowed a court to impose concurrent rather that consecutive sentences for certain crimes were not retroactively effective.

  • Law Journal Press | Digital Book

    Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions

    Authors: James C. Freund

    View this Book

    View more book results for the query "*"

  • Hamilton v. MPB Corp.

    Publication Date: 2019-11-13
    Practice Area: Personal Injury
    Industry: Manufacturing | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jason D. Warren, Shelsby & Leoni, P.A., Wilmington, DE; Keith L. Maynard, Spohrer & Dodd, P.L., Jacksonville, FL for plain-tiffs.
    for defendant: Christian J. Singewald and Christopher S. Marques, White and Williams LLP, Wilmington, DE for defendant.
    Case Number: D68770

    Plaintiffs exercised due diligence in discovering the identity of a defendant, so the amended complaint related back to the time of original filing.

  • Falciani v. Zinszer

    Publication Date: 2019-11-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Douglas A. Shachtman, The Shachtman Law Firm, Wilmington, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald J. Gouge Jr., LLC, Wilmington, DE for defendant.
    Case Number: D68768

    Parties had valid oral contract for sale of land when purchaser made partial payment, and purchaser breached when sellers were in position to complete the sale, and after a reasonable time for settlement, made time of the essence by setting a hard date for closing.

  • Stella v. Roberts

    Publication Date: 2019-11-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: R. Eric Hacker and Robert G. Gibbs, Georgetown, DE for plaintiff.
    for defendant: Scott Wilcox and Ryan Adams, Georgetown, DE for defendant.
    Case Number: D68765

    Defendant failed to demonstrate excusable neglect, and plaintiff was entitled to summary judgment on his ejectment claim.

  • Donovan Smith MHP, LLC v. Donovan Smith HOA

    Publication Date: 2019-10-30
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Seth L. Thompson, Parkowski Guerke & Swayze, P.A., Wilmington, DE for appellant.
    for defendant: Dmitry Pilipis, Community Legal Aid Society, Inc., Wilmington, DE for appellee.
    Case Number: D68750

    Although the arbitrator erred in concluding that proposed rent increases were not "directly related" to operation, maintenance, or improvement of a mobile home park when park owner presented evidence of new expenses, the arbitrator had sufficient evidence to find the increase did not comply with statutory law where there was insufficient evidence to find the lots were below market.

  • Gluhic-Popovic v. American Med. Sys.

    Publication Date: 2019-10-30
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni, Stanton, DE; Jeffrey Brinen, Kutner Brinen, P.C., Denver CO; Shanin Specter and Lee B. Balefsky, Kline & Specter, P.C., Philadelphia, PA for plaintiff.
    for defendant: Brian M. Rostocki, Stephen J. McConnell and Justin M. Forcier, Reed Smith LLP, Wilmington, DE for defendants.
    Case Number: D68753

    Plaintiff had standing to file this products liability case even though she was a debtor in a Chapter 13 bankruptcy proceeding.