• Iavarone v. Eagle Eye Home Inspections, LLC

    Publication Date: 2019-11-20
    Practice Area: Damages
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Christopher H. Lee, Blake Bennett, and Dean Roland, Cooch & Taylor, P.A., Wilmington, DE for plaintiff.
    for defendant: Justin Callaway, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendant.

    Case Number: D68775

    Contractual limitation of liability provision that merely limited contractor's liability to cost of services, rather than excluding all liability, was enforceable since it provided certainty to potential damages.

  • Webster v. Brosman

    Publication Date: 2019-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Samuel D. Pratcher, III, Pratcher Krayer LLC, Wilmington, DE; Willie E. Gary and Larry A. Strauss, Gary, Williams, Parenti, Watson & Gary, PLLC, Stuart, FL for plaintiff.
    for defendant: David J. Ferry, Jr., Thomas R. Riggs and James Gaspero, Jr., Wilmington, DE of Ferry Joseph PA for defendants.

    Case Number: D68780

    Plaintiff's fraud and conversion claims against defendants were time-barred, and the court lacked subject mat-ter jurisdiction over the claim for an accounting.

  • 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.

  • Verbitski v. Diamond State Port Corp.

    Publication Date: 2019-04-24
    Practice Area: Landlord Tenant Law | Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE for plaintiff.
    for defendant: David Primack, McElroy Deutsch Mulvaney & Carpenter LLP, Wilmington, DE for defendant. Mark Sposato, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE for third-party defendant.

    Case Number: D68540

    A landlord was not entitled to indemnity in this personal injury matter, because the employer who leased the property was entitled to the protection of the workers' compensation exclusivity doctrine.

  • Lincoln Benefit Life Co. v. Wilmington Trust, N.A.

    Publication Date: 2019-04-03
    Practice Area: Insurance Litigation | Trusts and Estates
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph C. Schoell, Jason P. Gosselin, Katherine L. Villanueva and Christopher F. Petrillo, Drinker Bid-dle & Reath LLP, Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi, K&L Gates LLP, Wilmington, DE for defendant.

    Case Number: D68514

    The court granted a motion to stay a Delaware declaratory judgment proceeding in favor of a pending lawsuit in another state based on the contemporaneous filing of the actions, as well as principles of comity and judicial efficiency.

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  • State of Delaware v. Pierce

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Annemarie H. Puit, Matthew B. Frawley and Jenna R. Milecki, Department of Justice, Wilmington, DE for the state.
    for defendant: Eugene J. Maurer, Jr. and Elise K. Wolpert, Wilmington, DE for defendant.

    Case Number: D68499

    Geolocation information from a defendant's phone was sufficiently reliable, and expert testimony would assist the jury in un-derstanding the evidence.

  • Bd. of Educ. of the Smyrna Sch. Dist. v. E.D.

    Publication Date: 2018-12-26
    Practice Area: Civil Procedure | Education Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: David H. Williams, James H. McMackin, III, and Allyson Britton DiRocco, Morris James LLP, Wilmington, DE for appellant
    for defendant: Valerie A. Dunkle, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: D68399

    Reversal of student's expulsion affirmed where local school board failed to provide student with meaningful cross-examination during the disciplinary hearing and imposed a punishment clearly disproportionate to the severity of the student's offense.

  • Harris v. State

    Publication Date: 2018-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph A. Hurley, Wilmington, DE for appellant.
    for defendant: Matthew F. Hicks, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: D68391

    Trial court did not err in considering Intoxilyzer test results to find defendant guilty of DUI after he stipulated to the sufficiency of the Intoxilyzer calibration logs and card.

  • Sadler v. Johnson

    Publication Date: 2018-08-01
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy A. Dillon for plaintiffs
    for defendant: Colin M. Shalk for defendant.

    Case Number: D68236

    Genuine issues of material fact regarding vicarious liability and negligence precluded an employer's motion for summary judgment in this vehicle accident case.

  • Brookings v. Kirk

    Publication Date: 2018-07-18
    Practice Area: Damages
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: William L. O'Day, Woloshin, Lynch & Associates, P.A., attorney for plaintiffs
    for defendant: Julie M. Donoghue, Delaware Department of Justice, attorney for defendants.

    Case Number: D68216

    Complaint seeking damages for lottery's failure to honor winning tickets dismissed on summary judgment where computer malfunction caused same numbers to repeat for multiple consecutive drawings, thereby eliminating the legally required element of chance.