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Publication Date: 2021-09-15
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for petitioners.
for defendant: John E. Tracey, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for respondent.
Case Number: D69541
County board of adjustment correctly concluded that respondent was seeking an area variance, not a use variance.
Publication Date: 2021-09-01
Practice Area: Administrative Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Andrew G. Ahern, III, Joseph W. Benson, P.A., Wilmington, DE for appellant.
for defendant: Andrew Kerber, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
Case Number: D69519
Court declined to stay suspension of horse trainer's license where jurisdictional challenge to agency sanction failed to raise a substantial issue warranting a stay.
Publication Date: 2021-06-02
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
for defendant: Susan List Hauske, Tybout, Redfearn & Pell, Wilmington, DE; Kimberly M. Jones, Christian M. Gunneson, Wood, Smith Henning & Berman, LLP, Tampa, FL for defendant.
Case Number: D69415
Insurers were not entitled to dismiss or stay action seeking declaration of coverage for triggering loss under insurers' policy based solely on insurers' claim of continuing to investigate the claim.
Publication Date: 2021-05-12
Practice Area: Personal Injury
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Bayard J. Snyder, Snyder & Associates, P.A., Wilmington, DE for plaintiff.
for defendant: Matthew E. O’Byrne, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendant.
Case Number: D69397
Defendant property owner did not have a duty to repair defects in a sidewalk abutting her property, so the court granted defendant's motion for summary judgment.
Publication Date: 2021-05-05
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for plaintiffs.
for defendant: Amy M. Taylor, Heckler & Frabizzio, Wilmington, DE; Ronald M. Ransom, Casarino Christman Shalk Ran-som & Doss, P.A., Wilmington, DE for defendants.
Case Number: D69385
Where a driver had been excluded from coverage under a policy, injured family members could not recover under the uninsured motorist provisions of the policy.
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Publication Date: 2021-03-17
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: James J. Kriner, Diana A. Dunn, Delaware Dep’t of Justice, Wilmington, DE for the state.
for defendant: Andrew J. Meyer, Alanna R. Farber, Office of Defense Serv., Wilmington, DE for defendant.
Case Number: D69331
Defendant's vague comment about having an attorney present during questioning by police did not invoke her right to counsel, and statements by a law enforcement officer were not intended to undermine defend-ant's rights.
Publication Date: 2021-03-10
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Richard Galperin, Joshua Meyeroff, Ryan T. Keating, Phillip M. Casale, Morris James LLP, Wilmington, DE; Dawn C. Doherty, Michael F. Duggan, Joseph E. Brenner, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE for defendants.
Case Number: D69323
Plaintiff in this medical malpractice case was not entitled to peer review documents regarding the outcome of a specific medical procedure, but the court permitted limited discovery involving a defendant facility's credentialing of a doctor.
Publication Date: 2020-12-23
Practice Area: Motor Vehicle Torts
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Emily P. Laursen, Kimmel Carter Roman Peltz & O’Neill, P.A., Newark, DE for plaintiff.
for defendant: Susan L. Hauske, Tybout Redfearn & Pell, Wilmington, DE for defendant.
Case Number: D69236
Counsel for defendant opted to participate in litigation knowing that service had not yet been effectuated, so this waived any issues regarding defective service.
Publication Date: 2020-10-28
Practice Area: Landlord Tenant Law
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson, LLP, Wilmington, DE for plaintiff.
for defendant: Elizabeth Sloan, Brittany M. Giusani, Ballard Spahr, Wilmington, DE; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
Case Number: D69172
A genuine issue of material fact existed as to whether property damage resulted from tenant's failure to make repairs or because of landlord's failure to replace a mechanical system.
Publication Date: 2020-10-28
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Mark A. Denney, Jr., John S. Taylor, Dep’t of Justice, Wilmington, DE for the state.
for defendant: Patrick J. Collins, Collins & Assoc., Wilmington, DE for defendant.
Case Number: D69170
Defendant's trial counsel was not ineffective in failing to request a jury instruction for a lesser-included offense.
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