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  • P & TI Acquisition Co. v. Morgenthaler Partners VII, LP

    Publication Date: 2019-05-22
    Practice Area: Contractual Disputes
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: David A. Dorey, Craig N. Haring, Steven J. Roman and Adrien C. Pickard, Blank Rome LLP, Wilmington, DE and Washington, D.C. for plaintiff.
    for defendant: Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Robert S. Faxon and Michael A. Platt, Jones Day, Cleveland, OH for defendant.
    Case Number: D68471

    The court dismissed plaintiff's breach of contract claim for failure to state a claim, and it dismissed a claim for breach of the im-plied covenant of good faith and fair dealing because the parties' agreement expressly addressed the issue.

  • Sun Life Assurance Co. of Canada v. Group One Thousand One, LLC

    Publication Date: 2019-04-10
    Practice Area: Contractual Disputes
    Industry: Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Raymond J. DiCamillo, Travis S. Hunter and Renee M. Mosley, Richards, Layton & Finger, P.A., Wilmington, DE; Daniel M. Abuhoff and Matthew D. Forbes, Debevoise & Plimpton LLP, New York, NY for plaintiff.
    for defendant: Robert S. Saunders, Matthew P. Majarian and Daniel S. Atlas, Skadden, Arps, Slate, Meagher & Flown LLP, Wilmington, DE for defendant.
    Case Number: D68524

    A forum selection clause in the parties' stock purchase agreement could not confer jurisdiction on the chancery court where it was not otherwise available.

  • Mergenthaler v. Triumph Mortgage Corp.

    Publication Date: 2018-12-19
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: John A. Sergovic, Jr., Sergovic & Carmean, P.A., Georgetown, DE for plaintiff.
    for defendant: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for defendant.
    Case Number: D68395

    A judgment creditor was required to refresh a judgment after five years before obtaining a writ of execution, but the court renewed plaintiff's judgment nunc pro tunc due to the court's ministerial error.

  • Patel v. Sunvest Realty Corp.

    Publication Date: 2018-10-31
    Practice Area: Business Torts | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, attorney for plaintiffs
    for defendant: Eric J. Monzo and Brenna A. Dolphin, Morris James, LLP, Wilmington, DE; Raymond W. Cobb, O'Hagan Meyer, LLC, Wilmington, DE, attorneys for defendants.
    Case Number: D68336

    Vicarious liability claims against real estate brokerage for individual broker's fraud could be maintained where the broker worked from the brokerage's office and used that position and the brokerage's name and reputation to perpetuate the alleged fraud.

  • Progressive Cas. Ins. Co. v. Bowman Trailer Leasing, LLC

    Publication Date: 2018-08-29
    Practice Area: Insurance Litigation
    Industry: Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Thomas P. Leff and Robert D. Moseley, Jr. for plaintiff
    for defendant: Jason D. Warren and Justin L. Klein for defendant.
    Case Number: D68268

    A negligence action filed in another jurisdiction qualified as a prior pending proceeding, and the court granted a stay as to an insurer's later-filed declaratory relief action.

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  • Deane v. Liberty Mut. Fire Ins. Co.

    Publication Date: 2018-08-22
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Patrick C. Gallagher for plaintiff
    for defendant: Daniel A. Griffith and Kaan Ekiner for defendant.
    Case Number: D68257

    A party was barred from receiving personal injury protection benefits pursuant to an anti-stacking provision in his insurance policy, where he received such benefits through his employer's insurer under a policy issued in another state.

  • State of Delaware v. Taylor

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Elizabeth R. McFarlan and Maria T. Knoll for the state
    for defendant: Herbert Mondros for defendant.
    Case Number: D68211

    Criminal defendant's second motion for post-conviction relief was procedurally barred, and he was not entitled to the "actual innocence" exception due to lack of intent to commit a murder, where defendant failed to show he was factually innocent of the murder.

  • Genesis Healthcare v. Delaware Dept. of Health and Soc. Servs.

    Publication Date: 2018-07-04
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Margaret F. England, Geller Scali Busenkell & Brown, LLC, Wilmington, DE, attorney for appellant
    for defendant: A. Ann Woolfolk, Delaware Department of Justice, Wilmington, DE, attorney for appellee.
    Case Number: D68200

    Denial of Medicaid benefits affirmed where incapacitated person's income exceeded statutory limits and she had failed to establish a Miller trust.

  • FMC Corp. v. New Castle Co. Special Serv. Dept.

    Publication Date: 2018-03-14
    Practice Area: Government | Regulation
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Jessica C. Watt and Brendan K. Collins for petitioner
    for defendant: Max B. Walton, Kyle E. Gay and Marlaine A. White for defendant.
    Case Number: D68074

    The general manager of a county special services department exceeded her authority in issuing a final order that imposed fines and injunctive relief for a partys failure to comply with the restrictions of a permit. Administrative order vacated.

  • Homa v. Chalme

    Publication Date: 2018-02-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Beverly L. Bove an Vincent J. X. Hedrick, Beverley L. Bove Attorney at Law, Wilmington, DE, attorneys for plaintiff
    for defendant: Beth H. Christman, Casario, Christman, Shalk, Ranson & Doss, P.A., Wilmington, DE, attorney for defendant.
    Case Number: D68048

    Underinsured motorist coverage was merely an expansion of uninsured motorist coverage, and did not constitute a distinct limit of coverage that permitted separate claims for an accident involving underinsured and uninsured motorists.