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  • State of Delaware v. Thomas

    Publication Date: 2019-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jordan A. Braunsberg of the Dept’ of Justice for the state.
    for defendant: Damion Thomas, pro se defendant.
    Case Number: D68778

    Changes in the law which allowed a court to impose concurrent rather that consecutive sentences for certain crimes were not retroactively effective.

  • Trustwave Holdings, Inc. v. Beazley Ins. Co., Inc.

    Publication Date: 2019-10-16
    Practice Area: Insurance Litigation
    Industry: Insurance | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Jody Barillare, Beth Herrington and Zachary Ryan Lazar, Morgan, Lewis & Bockius, LLP, Wilmington, DE for plaintiff.
    for defendant: Michael C. Heyden and Scott Schmookler, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
    Case Number: D68741

    The court granted plaintiff's motion to dismiss some of the insurers' claims due to the statute of limitations, but it declined to dismiss the contractual indemnification claims.

  • State of Delaware ex. rel. French v. CVS Health Corp.

    Publication Date: 2019-10-09
    Practice Area: Civil Procedure
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Bruce E. Jameson and Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; Justin S. Brooks and Elizabeth H. Shofner, Guttman & Buschner & Brooks, PLLC, Wilmington, DE for plaintiff-relator.
    for defendant: Kenneth J. Nachbar, Michael Houghton, Matthew R. Clark and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ethan D. Miller, Jason D. Popp and Gavin Reinke. Alston & Bird LLP for CVS Health Corporation. Stephen E. Jenkins, Catherine Gaul, F. Troupe Mickler, IV, Ashby & Geddes, Wilmington, DE for Card Compliant and CardFact defend-ants. Brian E. Farnan , Farnan LLP, Wilmington, DE for Vacation Properties United Ltd. and The Factoring Co.
    Case Number: D68731

    The court dismissed this qui tam action involving an allegedly fraudulent scheme for depriving the state of money it was enti-tled to from unused gift cards.

  • State v. Xenidis

    Publication Date: 2019-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Matthew F. Hicks Dep't of Justice, Wilmington, DE for the state.
    for defendant: Michael W. Modica, The Law Office of Michael W. Modica, Wilmington, DE for defendant.
    Case Number: D68637

    In this sentencing matter, defendant was prohibited from collaterally attacking a prior conviction in another state for driving under the influence of alcohol.

  • Evans v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Julia C. Mayer, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68600

    Criminal impersonation statute required the state to prove that the false name(s) provided by defendant belonged to a real, living person and were not fictitious.

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  • Evans v. State

    Publication Date: 2019-05-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Julia C. Mayer, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68560

    Misdemeanor criminal impersonation statute required the state to prove that the false identity offered and assumed by the defendant was that of a real, live person.

  • Bobcat N. Am., LLC v. Inland Waste Holdings, LLC

    Publication Date: 2019-05-08
    Practice Area: Mergers and Acquisitions
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Joel Friedlander, Christopher M. Foulds, and Christopher P. Quinn, Friedlander & Goris, P.A., Wilmington, DE; Andrew J. Wronski, Max B. Chester, and Andrew M. Meerkins, Foley & Lardner LLP, Milwaukee, WI for plaintiff.
    for defendant: David S. Eagle and Sean M. Brennecke, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; William T. Hill and Gregory R. Sellers, Klehr Harrison Harvey Branzburg LLP, Philadelphia, PA for defendants.
    Case Number: D68550

    Purchaser was entitled to redemption of its equity pursuant to business purchase agreement where parties' agreement expressly and exclusively conditioned redemption on failure of future business conditions to manifest when those conditions did fail to manifest.

  • IDT Corp. v. U.S. Specialty Ins. Co.

    Publication Date: 2019-02-27
    Practice Area: Insurance Litigation | Telecommunications
    Industry: Insurance | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Brian M. Rostocki and Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY for plaintiffs.
    for defendant: John C. Phillips, Jr. and David A. Bilson, Phillips, Goldman, McLaughlin & Hall, P.A. Wilmington, DE; Alexander R. Karam and Addison Draper, Clyde & Co. US LLP, Washington, DC for U.S. Specialty Ins. Co.; Henry duPont Ridgely, John L. Reed, Ethan H. Townsend, Joseph G. Finnerty III, Megan Shea Harwick and Eric S. Connuck, DLA Piper LLP, Wilmington, DE and New York, NY for Nat'l Union Fire Ins. Co. Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Charles C. Lemley , Wiley Rein LLP, Washington, DC for XL Specialty Ins. Co.
    Case Number: D68474

    The court granted and denied portions of insurers' cross-motions for summary judgment regarding their duty to defend parties in an underlying shareholder action.

  • IDT Corp. v. U.S. Specialty Ins. Co.

    Publication Date: 2019-02-13
    Practice Area: Contractual Disputes | Corporate Entities | Insurance Litigation
    Industry: Insurance | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Brian M. Rostocki and Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE, and Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY for plaintiffs.
    for defendant: John C. Phillips, Jr. and David A. Bilson, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Alexander R. Karam and Addison Draper, Clyde & Co US LLP, Washington, DC; Henry duPont Ridgely, John L. Reed, and Ethan H. Townsend, DLA Piper LLP, Wilmington, DE; Joseph G. Finnerty III, Megan Shea Harwick, and Eric S. Connuck, DLA Piper, LLP, New York, NY; Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; and Charles C. Lemley, Wiley Rein LLP, Washington, DC for defendants.
    Case Number: D68455

    Insurers were granted partial summary judgment on insureds' declaratory judgment action for defense costs, where underlying action alleged individual defendant committed wrongful acts within scope of official capacity, but did not constitute securities claim because it was brought by shareholders of separate spin-off company.

  • Goggin v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA

    Publication Date: 2018-12-12
    Practice Area: Corporate Governance | Insurance Law
    Industry: Energy | Mining and Resources
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David J. Baldwin and Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; Seth B. Schafler and Seth D. Fiur, Proskauer Rose, LLP, New York, NY for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild, LLP, Wilmington, DE; Joseph Collins, Fox Rothschild, LLP, Chicago, IL for defendant.
    Case Number: D68383

    Exclusionary clause of Directors & Officers insurance policy applied where claims against former directors would not have arisen but for their formation and use of investment vehicles, of which they were managers/members, to enrich themselves at the expense of the corporation for which they were directors and the corporation's creditors.