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  • Stephenson v. Big Oaks Trailer Park, Inc.

    Publication Date: 2019-09-25
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Michael I. Silverman and Adrienne M. McDonald, Wilmington, DE for defendants.
    Case Number: D68715

    Although plaintiffs failed to comply with the court's scheduling order when they failed to provide expert witness reports within the time allowed, the court concluded that defendant was not prejudiced.

  • ACW Corp. v. Maxwell

    Publication Date: 2019-07-24
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff
    for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: D68638

    Workers' compensation provider not entitled to subrogation and reimbursement from third-party tortfeasor for speculative future damages provided in a commutation between workers' compensation provider and injured worker.

  • Tibco Software Inc. v. Mediamath, Inc.

    Publication Date: 2019-07-24
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for plaintiff.
    for defendant: Matthew P. Ward and Nicholas T. Verna, Womble Bond Dickinson (US) LLP, Wilmington, DE; Usher Winslett, Winslett Stud-nicky McCormick & Bomser LLP, New York, NY for defendant.
    Case Number: D68645

    The court concluded defendant's interpretation of a contract clause was not reasonable, because it would have relieved de-fendant from liability for its own failure to comply with the terms of the contract.

  • DiStefano v. KW Solar Sols., Inc.

    Publication Date: 2019-07-17
    Practice Area: Expert Witnesses
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Blake A. Bennett and Christopher H. Lee, Cooch and Taylor, P.A., Wilmington, DE for plaintiffs.
    for defendant: Robert D. Goldberg, Biggs and Battaglia, Wilmington, DE for defendants.
    Case Number: D68632

    Plaintiffs' expert could testify as to the presence of mold in plaintiffs' home, given the expert's training, certifications, and experience in the mold inspection industry.

  • Price v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Stephen McCloskey, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Meryem Y. Dede, Assistant Public Defender, Wilmington, DE for defendant.
    Case Number: D68601

    A criminal defendant waived an issue regarding a jury instruction because he failed to raise it at the time of trial, and the rec-ord showed no indication of plain error.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Kalil v. Kalil

    Publication Date: 2019-06-12
    Practice Area: Contractual Disputes
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Daniel R. Losco, Losco & Marconi, P.A., Wilmington, DE for defendant.
    for defendant: N/A
    Case Number: D68595

    A promissory note did not contain any provision for acceleration of the balance, and defendant timely made all regular interest payments due under the terms of the note.

  • Stump v. Town of Middleton

    Publication Date: 2019-04-24
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: John S. Malik, Law Office of John S. Malik, Wilmington, DE for plaintiff.
    for defendant: Rae M. Mims, Delaware Dep't of Justice, Dover, DE for the Criminal Justice Council. Scott G. Wilcox, Moore & Rutt, Wilmington, DE for defendants Branner, Iglio and Town of Middleton.
    Case Number: D68538

    The court declined to issue a writ of mandamus to require a hearing where a party had already pursued the extent of the grievance procedure allowed under a collective bargaining agreement.

  • Lyons Ins. Agency, Inc. v. Kirtley

    Publication Date: 2019-04-10
    Practice Area: Business Torts | Employment Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre and Janine L. Faben, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Oderah C. Nwaeze and Mackenzie M. Wrobel, Duane Morris LLP, Wilmington, DE for defendants.
    Case Number: D68521

    Issues of fact precluded the parties' motions for dismissal and judgment on the pleadings in this employment litigation.

  • Murphy v. Delaware Transit Corp.

    Publication Date: 2019-02-20
    Practice Area: Expert Witnesses | Occupational Safety and Health
    Industry: State and Local Government | Transportation
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: A. Dale Bowers, Law Office of A. Dale Bowers, P.A., Wilmington, DE for Reginald Murphy.
    for defendant: John J. Klusman, Tybout Redfearn & Pell, Wilmington, DE for Delaware Transit Corp.
    Case Number: D68466

    The Industrial Accident Board's decision to deny a worker's claim for additional benefits was supported by substantial evidence.

  • BRP HOLD OX, LLC v. Chilian

    Publication Date: 2019-01-30
    Practice Area: Business Torts
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: K. Tyler O'Connell, Morris James LLP, Wilmington, DE for plaintiffs.
    for defendant: David P. Primack and David W. Giattino, McElroy Deutsch Mulvaney & Carpenter, LLP, Wilmington, DE for defendant.
    Case Number: D68438

    Application for interlocutory appeal denied where court's application of absolute privilege was not in conflict with prior jurisprudence as alleged falsity of claim of breach of contract was not product of firsthand knowledge, and costs of interlocutory review would likely outweigh benefits.