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  • State v. Bussey

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Natalie S. Woloshin, Woloshin, Lynch & Assoc., P.A., Wilmington, DE for defendant.
    for defendant: Casey L. Ewart, Dep't of Justice, Dover, DE for the state.
    Case Number: D68629

    Defense counsel adopted a reasonable trial strategy, so defendant was not entitled to post-conviction relief due to ineffective-ness of counsel.

  • Smith v. State

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Frances S. Ratner, Office of Defense Services, Wilmington, DE for the defendant.
    for defendant: Jillian L. Schroeder, Dep't of Justice, Wilmington, DE for the state.
    Case Number: D68627

    The court affirmed defendant's conviction for resisting arrest where he failed to demonstrate police bias or establish that po-lice did not follow proper procedures.

  • 3M Co. v. Neology, Inc.

    Publication Date: 2019-07-10
    Practice Area: Mergers and Acquisitions
    Industry: Electronics | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Rafel Z. Zahralddin-Aravena, and Jonathan M. Stemerman, Elliott Greenleaf, P.C., Wilmington, DE; Lawrence M. Shapiro and Sybil L. Dunlop, Greene Espel PLLP, Minneapolis, MN for plaintiff
    for defendant: Catherine A. Gaul, Ashby & Geddes, Wilmington, DE; John D. Alessio and Alex G. Brizolis, Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA; T. Brad Davy and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
    Case Number: D68622

    Implied covenant and breach of contract claims failed where claimant failed to allege a contractual gap to be filled by the implied covenant and where the contract made indemnification the parties' sole remedy.

  • West v. Access Control Related Enter., LLC

    Publication Date: 2019-06-26
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Geoffrey G. Grivner, Buchanan, Ingersoll & Rooney, PC; Ekwan E. Rhow, Sharon Mayer, and Patricia H. Jun, Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. for plaintiff
    for defendant: Justin K. Victor, Michael L. Banks, and Vishal H. Shah, Morgan, Lewis & Bockius, LLP for defendants.
    Case Number: D68608

    Implied covenant and conversion claims dismissed as duplicative of breach of contract claims where contract expressly defined expectations of the parties and where conversion of contractually-promised assets had to be brought as a contractual claim.

  • This and That Servs. Co., Inc. v. Nieves

    Publication Date: 2019-06-26
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John J. Ellis, Heckler & Frabizzio, P.A., Wilmington, DE for plaintiff
    for defendant: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for defendant.
    Case Number: D68607

    Court reversed Industrial Accident Board's dismissal as moot of employer Utilization Review appeal where record reflected outstanding dispute between employer and employee regarding reasonableness and necessity of medication prescribed by one of employee's treating physicians following the employee's work-related accident.

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  • State v. Waters

    Publication Date: 2019-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Abby Adams, Brian J. Robertson and Cynthia Hurlock, Deputy Attorneys General, Department of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D68613

    The state failed to establish probable cause for searching defendant's historical cell site location information, but other direct and circumstantial evidence established defendant's guilt beyond a reasonable doubt.

  • State v. Jernigan

    Publication Date: 2019-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Lindsay A. Taylor, Department of Justice, Dover DE for the state.
    for defendant: Adam D. Windett, Hopkins & Windett, LLC, Dover, DE for defendant.
    Case Number: D68612

    Police failed to use readily available resources to check whether defendant had a valid medical marijuana card, so they lacked probable cause to search his vehicle.

  • Price v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Stephen McCloskey, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Meryem Y. Dede, Assistant Public Defender, Wilmington, DE for defendant.
    Case Number: D68601

    A criminal defendant waived an issue regarding a jury instruction because he failed to raise it at the time of trial, and the rec-ord showed no indication of plain error.

  • Evans v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Julia C. Mayer, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68600

    Criminal impersonation statute required the state to prove that the false name(s) provided by defendant belonged to a real, living person and were not fictitious.

  • Barn Hill Preserve of Delaware, LLC v. The Bd. of Adjustment of the Town of Ocean View, Delaware

    Publication Date: 2019-06-12
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Brian J. McLaughlin, Mozack Mersky McLaughlin Browder, P.A., Wilmington, DE for petitioner
    for defendant: Dennis L. Schrader and Eric R. Hacker, Morris James LLP, Georgetown, DE for respondent.
    Case Number: D68591

    Town board properly denied special exception to permit applicant to operate wildlife educational center as a permitted use where substantial evidence supported conclusion that center would cause objectionable odors and where applicant failed to demonstrate center would not have detrimental effect on traffic.