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Publication Date: 2024-02-26
Practice Area: Labor Law
Industry:
Court: Delaware Superior Court
Judge: Judge Robinson
Attorneys: For plaintiff: Kimberly A. Harrison, Tybout, Redfearn & Pell, Wilmington, DE for appellant.
for defendant: Ross C. Karsnitz, Morris James, LLP, Georgetown, DE for appellee.
Case Number: S23A-06-002 RHR
Industrial Accident Board correctly calculated divisor for determining average weekly wage by excluding a claimant's paid time off taken during weeks that they worked, as workers' compensation laws required exclusion of benefit time, including sick and vacation leave, from the calculation of a claimant's AWW.
Publication Date: 2024-02-26
Practice Area: Insurance Law
Industry: Insurance | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Daniel M. Silver, Benjamin A. Smith, McCarter & English, LLP, Wilmington, DE; Robin L. Cohen, Cynthia M. Jordano, David J. Matulewicz-Crowley, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for plaintiff.
for defendant: Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE; Jeanette L. Dixon, Manning & Kass, Ellrod, Ramriez, Trester LLP, New York, NY; John C. Phillips, Jr., David A. Bilson, Phillips McLaughlin & Hall, Wilmington, DE; James Sandnes, Sarah F. Voytryas, Skarzynski Marick & Black, LLP, New York, NY; Bruce W. McCullough, Bodel Bové, LLC, Wilmington, DE; Ronald P. Schiller, Thomas N. Brown, Daniel J. Layden, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA; R. Grant Dick, Cooch and Taylor, P.A., Wilmington, DE; Courtney E. Scott, Tressler LLP, New York, NY for defendants.
Case Number: N22C-10-340
Court found that coverage exclusion in defendants' insurance tower for insured's securities action was not triggered where prior SEC subpoena was, at best, tangentially related to the action as the subpoena and the action focused on two different types of alleged improper conduct.
Publication Date: 2024-02-19
Practice Area: Personal Injury
Industry: Cargo and Shipping | Insurance | Transportation
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Gilbert F. Shelsby, James J. Meehan, Shelsby & Leoni, Wilmington, DE for plaintiff.
for defendant: Timothy J. Wilson, Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.
Case Number: N22C-01-113 CEB
Court granted protective order for insurance investigator's report where plaintiff failed to establish substantial need for the report or waiver based on the disclosure of photographs that were only an ancillary part of the report.
Publication Date: 2024-02-19
Practice Area: Labor Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for appellant.
for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
Case Number: N23A-04-004 CEB
Volunteer work performed on behalf of employer did not fall within course and scope of employment where employer derived no substantial benefit as employees were not required to volunteer nor promote employer during their volunteer work.
Publication Date: 2024-02-12
Practice Area: Contracts
Industry: Aerospace | Investments and Investment Advisory | Manufacturing
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Dominick T. Gattuso, Elizabeth A. DeFelice, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Jonathan K. Cooperman, Kelly Drye & Warren LLP, New York, NY for plaintiff.
for defendant: Joseph L. Christensen, Christensen & Dougherty LLP, Wilmington, DE; Perrie M. Weiner, Baker & McKenzie, LLP, Los Angeles, CA; Peter P. Tomczak, Michael D. Lehrman, Baker & McKenzie LLP, Chicago, IL for defendant.
Case Number: N22C-07-133 EMD CCLD
Court declined to resolve breach of contract claim on summary judgment where parties had material factual disputes over the contractual conditions precedent to payment.
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Publication Date: 2024-02-12
Practice Area: Contracts
Industry: Financial Services and Banking | Consulting | Consumer Products
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: John P. DiTomo, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
for defendant: R. Bruce McNew, R. Grant Dick IV, Andrew A. Ralli, Cooch and Taylor P.A., Wilmington, DE for defendants.
Case Number: N23C-03-032 MAA CCLD
Amendment to contract purporting to "accelerate" past due payments lacked consideration where defendant was already making payments.
Publication Date: 2024-02-12
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Richard E. Berl, Hudson Jones Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
for defendant: Aaron E. Moore, M. Claire McCudden, Marshall Dennehey, P.C., Wilmington, DE for defendant.
Case Number: S22C-07-002 CAK
Court dismissed former condominium owner's claims arising from the alleged failure to release a recorded lien, where owner's tender of payment was insufficient to satisfy the condominium association's recorded and statutory liens, as the association was not obligated to obtain a court judgment or record the statutory lien to collect.
Publication Date: 2024-02-05
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Brian L. Arban, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Karl Schwartz, Catherine Trama, Wiseman & Schwartz, Philadelphia, PA for defendant.
Case Number: 1804000397
Ineffective assistance of counsel claims failed where trial counsel's preparation and examination of witnesses was reasonable trial strategy to avoid playing into the state's theory of voluntary intoxication, and where any additional evidence was unlikely to have changed the verdict from guilty but mentally ill to not guilty by reason of insanity.
Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Delaware Superior Court
Judge: Judge Robinson
Attorneys: For plaintiff: Ross C. Karsnitz, Matthew R. Fogg, Keith Donovan, Morris James, LLP, Georgetown, DE for plaintiffs.
for defendant: Susan List Hauke, Tybout, Redfearn & Pell, Wilmington, DE; Paul S. Sunshine, Reger Rizzo & Darnall, LLP, Wilmington, DE for defendants.
Case Number: S23C-04-007
Property owner owed no duty or liability to motor vehicle accident victim struck by an intoxicated motorist off-premises after owner found the motorist sleeping in his parked vehicle on the property in an apparent state of intoxication and woke him.
Publication Date: 2024-01-22
Practice Area: Civil Rights
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Alex Ryle, Smyrna, DE, plaintiff pro se
for defendant: Robert Kleiner, Deputy Attorney General, Department of Justice, Wilmington, DE for defendant.
Case Number: N23C-02-192 CEB
Prison inmate's claim regarding the non-delivery of a USPS return receipt failed where there was no evidence that corrections officials had possession of the return receipt and they had assured the inmate they would deliver the return receipt once they received it from the USPS.
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