• Berry v. Mitra QSR KNE LLC

    Publication Date: 2021-03-03
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: James R. Donovan, Alexis N. Stombaugh, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for plaintiff
    for defendant: Joseph Andrews, Taylor E. Trapp, Law Office of Joseph Andrews, Dover, DE for defendant.

    Case Number: D69310

    Industrial Accident Board's credibility determinations finding claimant not credible and crediting employer's medical expert's opinion over claimant's expert provided sufficient basis to grant employer's petition to terminate benefits.

  • State of Delaware v. Kolaco

    Publication Date: 2021-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Kevin Smith, Dep’t of Justice, Dover, DE for the state.
    for defendant: Stephanie Blaisdell, Dover, DE for defendant.

    Case Number: D69259

    Holding an evidentiary hearing virtually did not violate a criminal defendant's constitutional rights.

  • Ricketts v. Myers

    Publication Date: 2020-07-01
    Practice Area: Personal Injury
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Edward C. Gill of Law Office, Edward C. Gill, P.A., Georgetown, DE for plaintiff.
    for defendant: Shae Chasanov, Swartz Campbell LLC, Wilmington, DE for defendant.

    Case Number: D69035

    The objective evidence indicated that the parties entered into a binding settlement regarding injuries sustained by plaintiff in a motor vehicle accident.

  • State of Delaware v. Henry

    Publication Date: 2020-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Christel Duff, Dep’t of Justice, Dover, DE for the state.
    for defendant: Ronnier Henry, Seaford, DE, pro se defendant.

    Case Number: D68981

    The trial court improperly granted a motion to suppress, because an on-duty paramedic was a government actor and he had probable cause to detain defendant. Reversed and remanded.

  • 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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  • 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.

  • Sherman v. Ellis

    Publication Date: 2020-01-15
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for plaintiff.
    for defendant: Colleen D. Shields, Gary W. Lipkin and Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE for de-fendant.

    Case Number: D68843

    In this legal malpractice matter involving an attorney's alleged failure to include a waiver provision in a premarital agreement, plaintiff failed to prove that his former wife would have accepted the term.

  • 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.

  • Powell v. AmGuard Ins Co.

    Publication Date: 2019-10-02
    Practice Area: Insurance Litigation
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John S. Spadaro ,John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE for defendant.

    Case Number: D68724

    The court denied an insurer's motion for summary judgment, because factual issues existed regarding whether the insurer act-ed recklessly and in bad faith.

  • Robinson v. Union Carbide Corp.

    Publication Date: 2019-08-28
    Practice Area: Products Liability
    Industry: Chemicals and Materials | Distribution and Wholesale | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE for plaintiff.
    for defendant: Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE for defendant.

    Case Number: D68684

    In this asbestos litigation, the manufacturer of a bulk product complied with its duty to warn.