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Publication Date: 2023-11-06
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC., Dover, DE for plaintiff.
for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmentraut & Klein, P.A., Wilmington, DE for defendant.
Case Number: K22C-03-017 JJC
The court applied the "sham affidavit doctrine," finding that plaintiff's expert's affidavit submitted with its opposition to defendant's motion for summary judgment contradicted the expert's prior deposition testimony and was submitted for the sole purpose of defeating an otherwise appropriate summary judgment motion and that no adequate explanation of the contradiction was provided.
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.
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.
Publication Date: 2023-04-25
Practice Area: Medical Malpractice
Industry: Health Care | Recruitment and Staffing
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE for plaintiff.
for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmantraut & Klein, Wilmington, DE; John A. Elzufon, Matthew Donelson, Elzufon, Ausstin & Mondell, P.A., Wilmington, DE; Maria R. Granaudo Gesty, Burns White LLC, Wilmington, DE for defendants.
Case Number: K21C-02-029-JJC
Court declined summary judgment for physician staffing company in medical malpractice complaint where there were genuine issues of material fact concerning whether the company had a master/servant relationship with a physician who allegedly performed a negligent surgery, such that the patient could hold the company vicariously liable under the doctrine of respondeat superior.
Publication Date: 2023-01-17
Practice Area: Personal Injury
Industry:
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: William D. Fletcher, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff;
for defendant: Miranda D. Clifton, Heckler & Frabizzio, P.A., Wilmington, DE for defendant.
Case Number: K19C-09-035 JJC
The court granted plaintiff's motion for a new trial in a personal injury matter on the grounds that the jury had found that plaintiff had at least suffered some harm but nevertheless awarded a zero-dollar verdict.
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Publication Date: 2022-03-22
Practice Area: Labor Law
Industry: Construction | Health Care
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Walt F. Schmittinger, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellant;
for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
Case Number: D69757
Board correctly denied workers' compensation benefits for surgery performed by provider whose workers' compensation certification had lapsed at the time of the surgery and who had failed to obtain preauthorization for the treatment.
Publication Date: 2022-01-11
Practice Area: Motor Vehicle Torts
Industry:
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Robert Taylor, Barros Macnamara Malkiewicz and Taylor, Dover, DE for plaintiffs
for defendant: Arthur Kuhl, Reger Rizzo and Darnall LLP, Wilmington, DE for defendant.
Case Number: D69675
Evidence supported finding of proximate negligence for motor vehicle accident where driver was distracted by a pet in the vehicle and focused on the opposite side of the vehicle from where the driver's vehicle impacted with another car.
Publication Date: 2021-07-07
Practice Area: Environmental Law
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Patrick C. Gallagher, Alexis N. Stombaugh, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
for defendant: Kayli H. Spialter, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for defendant.
Case Number: D69455
Party to settlement with the government could not seek writ of mandamus to compel government to fulfill contractual obligation under the settlement, especially where the obligation was conditioned on the settling party's performance.
Publication Date: 2021-05-12
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Phillip T. Edwards, Murphy & Landon, Wilmington, DE for plaintiff.
for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE for defendant.
Case Number: D69393
The court denied an insurer's motion for partial summary judgment regarding punitive damages because the injured party presented sufficient facts to permit a jury to find recklessness.
Publication Date: 2021-03-03
Practice Area: Labor Law
Industry: Food and Beverage
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: James R. Donovan, Alexis N. Stombaugh, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for plaintiff
for defendant: Joseph Andrews, Taylor E. Trapp, Law Office of Joseph Andrews, Dover, DE for defendant.
Case Number: D69310
Industrial Accident Board's credibility determinations finding claimant not credible and crediting employer's medical expert's opinion over claimant's expert provided sufficient basis to grant employer's petition to terminate benefits.
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