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  • Patterson v. State

    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.

  • GEICO Gen. Ins. Co. v. Green

    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.

  • Kroll v. City of Wilmington

    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.

  • N. Am. Leasing, Inc. v. NASDI Holdings, LLC

    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.

  • Droz v. Hennessy Indus., LLC

    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.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Ahlijah v. Mayorkas

    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.

  • First Solar, Inc. v. Nat'l Union First Ins. Co. of Pittsburgh, PA

    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.

  • Zayas v. State

    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.

  • Cox Commc'ns, Inc. v. T-Mobile US, Inc.

    Publication Date: 2022-03-15
    Practice Area: Contracts
    Industry: Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Stephen C. Norman, Jaclyn C. Levy, Potter Anderson & Corroon LLP, Wilmington, DE; Geoffrey P. Eaton, Matthew L. DiRisio, Winston & Strawn LLP, Washington, DC; Mitchell G. Stockwell, Joel D. Bush, II, Jeffrey H. Fisher, Kilpatrick Townsend & Stockton LLP, Atlanta, GA for appellant.
    for defendant: A. Thompson Bayliss, Stephen C. Childs, Abrams & Bayliss LLP, Wilmington, DE; Hallie B. Levin, Peter G. Neiman, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; John J. Butts, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA for appellee.
    Case Number: D69746

    The court found that the lower court erred in its interpretation of a section of the settlement agreement between the parties, finding that the subject language was a Type II agreement that left open terms to be negotiated in the future.

  • Brock v. Dep't of Serv. for Children, Youth, & Their Families

    Publication Date: 2022-02-22
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Phillip Renzulli, Law Office of Edward J. Fornias, Wilmington, DE for appellant.
    for defendant: Jonathon C. Harting, State of Delaware Department of Justice, Wilmington, DE; Renee D. Duval, Office of the Child Advocate, Wilmington, DE for appellees.
    Case Number: D69724

    There was no error in relying on parent's prior involuntary termination of rights to other children in terminating parental rights to another child where evidence supported finding that termination was in the child's best interests.