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Publication Date: 2022-06-07
Practice Area: Insurance Law
Industry: Financial Services and Banking | Insurance
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: A. Thompson Bayliss, Stephen C. Childs, Abrams & Bayliss LLP, Wilmington, DE; Ginger D. Anders, Donald B. Verilli, Jr., Brendan B. Gants, Munger, Tolles & Olson LLP, Washington, DC; Stephen L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Samuel O. Patmore, Jenea M. Reed, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. for appellants.
for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Gregory J. Star, Michael L. Miller, Joseph M. Kelleher, Cozen O’Connor P.C., Philadelphia, PA for appellee.
Case Number: D69841
Bona fide purchaser or securities intermediary could not assert UCC defenses to estate's claim to recover death benefit from stranger-originated life insurance policy since Delaware public policy precluded any party from profiting off an illegal wager on human life.
Publication Date: 2022-05-24
Practice Area: Environmental Law
Industry: Real Estate | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Richard L. Abbott, Abbott Law Firm, Hockessin, DE for appellant.
for defendant: Kayli H. Spialter, Delaware Department of Justice, New Castle, DE for appellees.
Case Number: D69826
Environmental Appeals Board properly interpreted statutory definition of "wetlands" as not being restricted solely to lands experiencing daily tidal flow, where the Wetlands Act expressly encompassed land features that did not necessarily have daily tides.
Publication Date: 2022-05-17
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Montgomery-Reeves
Attorneys: For plaintiff: Elliot Margules, Office of The Public Defender, Wilmington, DE for appellant.
for defendant: Matthew C. Bloom, Delaware Department of Justice, Wilmington, DE, attorneys for appellee.
Case Number: D69817
The state did not commit a discovery violation by failing to highlight the importance of photos extracted from the victim's cell phone, where appellant was provided with ample access to review the photos and the identity and appearance of the victim were going to be a central issue of the trial.
Publication Date: 2022-04-26
Practice Area: Insurance Litigation
Industry: Health Care | Insurance
Court: Delaware Supreme Court
Judge: Justice Montgomery-Reeves
Attorneys: For plaintiff: Paul A. Bradley, Stephanie A. Fox, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE; Laura A. Cellucci, Joshua F. Kahn, Miles & Stockbridge P.C., Baltimore, MD; George M. Church, Cockeysville, MD; Meloney Perry, Perry Law P.C., Dallas, TX; for plaintiff.
for defendant: Richard H. Cross, Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for defendants.
Case Number: D69791
The court found the plaintiffs did not prove breach of contract or bad faith breach of contract because the contract was silent on the process to be used to evaluate claims of medical expense.
Publication Date: 2022-04-26
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Robert C. McDonald, Adrienne M. McDonald, Silverman McDonald & Friedman, Wilmington, DE for appellant.
for defendant: Aaron C. Baker, City of Wilmington Law Department, Wilmington, DE for appellees.
Case Number: D69797
The court found the lower court's ruling that appellant had an adequate remedy at law based on a sua sponte finding that termination fell under the grievance procedure of the collective bargaining agreement should be reversed and remanded for the court to consider only those arguments presented by the parties. Reversed and remanded for further consideration.
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Publication Date: 2022-04-26
Practice Area: Insurance Litigation
Industry: Construction | Insurance
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Joseph B. Cicero, Paul D. Brown, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Mark L. McAlpine, Douglas W. Eyre, McAlpine PC, Auburn Hills, MI for appellants.
for defendant: Brian C. Ralston, Mathew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Michael Dockterman, Steptoe & Johnson, LLP, Chicago, IL for appellees.
Case Number: D69792
The court held that notice of indemnification claims was not time-barred, that defendants waived their affirmative defense of set-off/recoupment by not raising it in response to plaintiffs' motion for summary judgment, and there was no error in barring proof of set-off because the affirmative defense had been waived previously.
Publication Date: 2022-04-19
Practice Area: Products Liability
Industry: Automotive | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Michael C. Dalton, Bartholomew J. Dalton, Ipek Kurul, Andrew C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Adam L. Balick, Michael Collins Smith, Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE for appellant.
for defendant: Brian D. Tome, Reilly, Mcdevitt & Henrich, P.C., Wilmington, DE; Susan M. Valinis, Reilly, Mcdevitt & Henrich, P.C., Philadelphia, PA for appellee.
Case Number: D69784
Plaintiff presented sufficient evidence to overcome summary judgment through circumstantial evidence demonstrating that decedent used asbestos-containing products on defendant's arc grinder machine.
Publication Date: 2022-04-05
Practice Area: Immigration Law
Industry: Federal Government
Court: Delaware Supreme Court
Judge: Justice Connolly
Attorneys: For plaintiff: Jeremy F. Ahlijak, pro se plaintiff.
for defendant: Shammor Anis, Assistant US Attorney, Wilmington, DE for defendants.
Case Number: D69770
The court held that it did not have jurisdiction to review decisions about resident status because the decisions were not final deportation orders and, in the case of the Form I-485 denial, it was properly appealable withing the removal proceedings.
Publication Date: 2022-03-29
Practice Area: Insurance Litigation
Industry: Insurance | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Adam S. Ziffer, Meredith Elkins, Cohen Ziffer Frenchman & Mckenna LLP, New York, NY for appellant.
for defendant: Kurt M. Heyman, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Scott B. Schreiber, Arthur Luk, Omomah Abebe, Kolya D. Glick, Arnold & Porter Kaye Scholer LLP, Washington, D.C.; John C. Phillips, Jr., David A. Bilson, Phillips Mclaughlin & Hall, P.A., Wilmington, DE; Charles C. Lemley, Kim Melvin, Anna Schaffner, Wiley Rein LLP, Washington, D.C. for appellees.
Case Number: D69760
The court agreed with the lower court that plaintiff's claim was excluded from coverage but held that whether a claim related back to an earlier claim was decided by the language of the policy, not the generic fundamentally identical standard used by the lower court.
Publication Date: 2022-03-22
Practice Area: Administrative Law
Industry: State and Local Government | Transportation
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Gary S. Nitsche, Joel H. Fredericks, Weik, Nitsche & Dougherty, LLC, Wilmington, DE for appellant.
for defendant: John J. Klusman, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
Case Number: D69755
Board erred in accepting employer's medical expert's testimony after he refused to testify about claimant's treatment by physician under unrelated disciplinary investigation, and also erred in refusing to admit that provider's medical records into evidence.
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