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  • Hunsucker v. Scott Paper Co.

    Publication Date: 2023-07-03
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Billy Hunsucker, pro se appellant.
    for defendant: John W. Morgan, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: K22A-11-001 RLG

    IAB did not abuse discretion in ordering reduction of claimant's opioid dosage where it credited the testimony of employer's medical expert that claimant's dosage was unsafe due to his treating physician's lack of documentation, and where his treating physician also conceded the dangers of high dosage.

  • LCT Capital, LLC v. NGL Energy Partners LP

    Publication Date: 2023-07-03
    Practice Area: Contracts
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John L. Reed, Daniel P. Klusman, Peter H. Kyle, DLA Piper, LLP, Wilmington, DE; Michael D. Hynes, Emma Kramer Jones, DLA Piper, New York, NY; Benjamin D. Schuman, Ellen E. Dew, DLA Piper, LLP, Baltimore, MD for plaintiff.
    for defendant: Steven T. Margolin, Lisa Z. Brown, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig LLP, New York, NY for defendants.
    Case Number: N15C-08-109 JJC CCLD

    Court declined to award prevailing plaintiff reimbursement of special discovery master and mediation fees where such fees fell within the category of pre-trial costs that each party was expected to bear on its own, as there was no evidence that defendant acted in bad faith or engaged in litigation misconduct.

  • Bovell v. Harrison

    Publication Date: 2023-07-03
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiffs.
    for defendant: Steven F. Mones, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: N22C-04-205 CEB

    Res judicata barred motor vehicle accident claim when plaintiff chose to prosecute her property damage claim in the Justice of the Peace court, although her adult son's claims could proceed where he was not a named plaintiff in the JP court case and there was no evidence that he had consented to his mother's representation or was incapable of presenting his claims on his own or with counsel.

  • Washington v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-06-27
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lavern C. Washington, pro se appellant.
    for defendant: Victoria E. Groff, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: N22A-03-004 CEB

    Court affirmed unemployment benefits disqualification where evidence clearly showed claimant knowingly underreported income, as his claim that he was instructed to do so by DOL employees lacked credibility.

  • State v. Holmes

    Publication Date: 2023-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel B. McBride, Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Robert M. Gamburg, Gamburg & Benedetto LLC, Philadelphia, PA; Brian J. Chapman, Law Office of Brian J. Chapman, Newark, DE for defendant.
    Case Number: 2203012514

    Search warrant was supported by probable cause where police obtained various articulable facts indicating that an apartment and storage unit were used by defendant for stashing drugs, with that suspicion confirmed by a non-Fourth Amendment canine sniff.

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  • Schafer v. Kent County Dep't of Planning Serv.

    Publication Date: 2023-06-13
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, J. Garrett Miller, Baird, Mandalas, Brockstedt, Federico & Cardea, LLC, Dover, DE for petitioners.
    for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston, LLC, Wilmington, DE; Richard A. Forsten, Pamela J. Scott, Gary W. Lipkin, Saul, Ewing, Arnstein & Lehr, LLP, Wilmington, DE for respondents.
    Case Number: K22C-11-014 JJC

    Although court lacked statutory authority to hear appeal from administrative decision of county staff since the statute only permitted appeals of decisions by the county's governing board, landowners could challenge the legality of a minor subdivision approval through a writ of certiorari.

  • In re: Asbestos Litig.

    Publication Date: 2023-06-06
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Michael Collins Smith, Balick & Balick, LLC, Wilmington, DE for plaintiff.
    for defendant: Brian D. Tome, Reilly, McDevitt & Henrich, P.C., Wilmington, DE, attorney for defendant.
    Case Number: N19C-01-100 ASB

    Manufacturer of machinery expressly designed to work on asbestos-containing products could have liability in asbestos litigation since use of the product would inevitably create hazardous asbestos dust, imposing a duty to warn upon the manufacturer.

  • Santo v. Genesis Healthcare, Inc.

    Publication Date: 2023-05-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
    for defendant: Geoffrey G. Grivner, Kody M. Sparks, Andrew G. Hope, Buchanan, Ingersoll & Rooney, P.C., Wilmington, DE; Joshua T. Calo, Buchanan, Ingersoll & Roonery, P.C., Pittsburgh, PA for defendant.
    Case Number: K22C-07-014 NEP

    Nursing home was not entitled to PREP Act immunity for resident's death from COVID-19 where complaint alleged ordinary acts of negligence that led to the resident's death and did not necessarily implicate the administration or use of "covered countermeasures" as a cause of or contributing factor to the resident's death.

  • Consolidated, LLC v. GFP Cement Contractors, LLC

    Publication Date: 2023-05-30
    Practice Area: Contracts
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Kevin S. Mann, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiff.
    for defendant: Krista M. Reale, Tara D. McManamy, Margolis Edelstein, Wilmington, DE for defendant.
    Case Number: N22C-06-084 CEB

    Subcontractor had express contractual obligation to indemnify general contractor pursuant to the parties' contract after the subcontractor's subcontracted materials supplier damaged the site owner's property and the site owner obtained financial recovery from the general contractor.

  • Nat'l Amusements, Inc. v. Endurance Am. Specialty Ins. Co.

    Publication Date: 2023-05-16
    Practice Area: Insurance Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Matthew Fischer, Jennifer Wasson, Jacqueline Rogers, Carla Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; David B. Godwin, Covington & Burling LLP, San Francisco, CA; Neema Sahni, Covington & Burling LLP, Los Angeles, CA; Mitchell F. Dolin, Jad H. Khazen, Covington & Burling LLP, Washington, DC for plaintiffs.
    for defendant: Michael Busenkell, Gellert Scali Busenkell & Brown LLC, Wilmington, DE; Manuel Mungia, Jr., Matthew E. Pepping, and Chad W. Scheiber, Chasnoff Mungia Valkenaar Peppeing & Stribling LLP, San Antonio, TX; Carmella P. Keener, Cooch and Taylor, P.A., Wilmington, DE; Ronald P. Schiller, Daniel J. Layden, Isabel C. Naviera Lopez, Hangley Aronchik Segal Pudlin & Schiller, Philadelphia, PA; Christopher B. Chuff, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Kevin F. Kieffer, Ryan C. Tuley, Troutman Pepper Hamilton Sanders LLP, Irvine CA; Ciaran B. Way, Troutman Pepper Hamilton Sanders LLP, Philadelphia, PA; Kurt M. Heyman, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Scott B. Schreiber,d Arthur Luk, Arnold & Porter Kaye Scholer LLP, Washington, DC for defendants.
    Case Number: N22C-06-018 AML CCLD

    Court denied insureds' motion to dismiss counterclaim asserting applicability of interrelated claims exclusion in D&O liability policy as the record was insufficient to conclusively determine that present underlying litigation was in no way related to prior litigation against insureds.