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  • Neylon v. Zabel

    Publication Date: 2020-11-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: James P. Hall, Phillips Goldman McLaughlin & Hall P.A., Wilmington, DE for plaintiff.
    for defendant: Gregory S. McKee, Katherine J. Sullivan, Wharton Levin Ehrmantrout & Klein, P.A., Wilmington, DE for de-fendants.
    Case Number: D69194

    Plaintiff's settlement agreement in a separate personal injury proceeding against another entity did not preclude her malpractice claims against defendants.

  • Berhmann v. Brandt

    Publication Date: 2020-10-21
    Practice Area: Corporate Governance
    Industry: Health Care | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ryan M. Ernst, O’Kelly Ernst & Joyce, LLC, Wilmington, DE; Thomas J. McKenna, Gregory M. Egleston, Gainey McKenna & Egleston, New York, NY for plaintiffs.
    for defendant: Paul J. Lockwood, Jenness E. Parker, Veronica B. Bartholomew, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE for defendants.
    Case Number: D69158

    Dismissal of derivative complaint for failure to adequately plead demand futility and failure to state a claim granted without prejudice, where plaintiffs were given leave to move to amend their complaint and assert amendments and additional allegations that would cure the pleading deficiencies of their complaint.

  • State Farm Mut. Auto Ins. Co. v. Spine Care Delaware, LLC

    Publication Date: 2020-09-23
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Kyle G.A. Wallace, Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendants.
    Case Number: D69132

    The Delaware Supreme Court held the lower court erred in holding that an insurer had the burden of proof with respect to the reasonableness of reductions in the amounts charged by a medical provider.

  • In re THGH Liquidating LLC

    Publication Date: 2020-09-23
    Practice Area: Bankruptcy
    Industry: Federal Government | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph H. Hunt, Assistant Attorney General; David C. Weiss, United States attorney; Ellen W. Sleights, Assistant United States Attorney, Wilmington, DE; Ruth A. Harvey, Lloyd H. Randolph, Seth B. Shapiro, Andrew Warner, Commercial Litigation Branch, U.S. Department of Justice for appellant.
    for defendant: Derek C. Abbott, Curtis S. Miller, Daniel B. Butz, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellees.
    Case Number: D69130

    The government's withholding of Medicare payments after debtors filed bankruptcy was a violation of the automatic stay.

  • Nuvasive, Inc. v. Miles

    Publication Date: 2020-09-16
    Practice Area: Business Torts
    Industry: Health Care | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Aaron P. Sayers, McDermott Will & Emery LLP, Wilmington, DE; Rachel B. Cowen, Michael J. Sheehan, J. Christian Nemeth and Emory D. Moore, Jr., McDermott Will & Emery LLP, Chicago, IL; Christopher W. Cardwell, Gullet, Sanford, Robinson & Martin, PLLC, Nashville, TN for plaintiff.
    for defendant: Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Frank Earley, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., New York, NY; Micha Danzig, Eric J. Eastham and Paul M. Huston, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., San Diego, CA for defendant.
    Case Number: D69122

    Plaintiff adequately stated claims for tortious interference with contractual relations and for violations of state unfair trade practices law, but the court granted defendants' motion to dismiss the remainder of the claims.

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Infomedia Group, Inc. v. Orange Health Solutions, Inc.

    Publication Date: 2020-08-19
    Practice Area: Contracts
    Industry: Call Centers | Health Care | Software
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Daniel J. Brown and Hayley J. Reese, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel B. Rath, Rebecca L. Butcher, and Nicolas E. Jenner, Landis Rath& Cobb, LLP, Wilmington, DE; Alan S. Wachs, Smith, Gambrell & Russell, LLP, Jacksonville, FL; Donald H. Chase, Morrison Cohen LLP, New York, NY for defendants.
    Case Number: D69087

    Fraudulent misrepresentation claims failed due to anti-reliance provision in asset purchase agreement where sophisticated parties expressly limited representations and reliance to written notice of customer terminations.

  • 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.

  • First State Orthopaedics v. Employers Ins. Co. of Wausau

    Publication Date: 2020-05-27
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John S. Spandaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; D. Andrew Hatchett, Tiffany Powers and Robert Poole, Alston & Bird, Atlanta, GA for defendants.
    Case Number: D68994

    Defendants' voluntary cessation of a business practice did not cause the parties' controversy to become moot, because defendants left open the possibility of returning to that practice in the future.

  • Gala v. Delaware Bd. of Med. Licensure &Discipline

    Publication Date: 2020-05-20
    Practice Area: Regulation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Benjamin A. Schwartz and Gwendolyn Osborn-Gustavson, Schwartz & Schwartz, Attorneys at Law, P.A., Dover, DE for appellant.
    for defendant: Patricia A. Davis, Delaware Deputy State Solicitor, Dover, DE for appellee.
    Case Number: D68984

    Medical board did not err in revoking doctor's license where it expressly declined to rely on improper factual findings by hearing officer and where sufficient evidence existed to support finding that doctor engaged in inappropriate sexual relationship with a patient in exchange for opioid prescriptions.

  • Anderson v. GI Assocs. of Delaware, P.A.

    Publication Date: 2020-05-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert and Lorenza A. Wolhar, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D68975

    Act of negligent treatment and resulting injury occurring on two separate dates meant that medical malpractice case involved continuum of treatment, requiring that the statute of limitations be measured from the last act in the continuum of treatment.