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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: 2023-10-30
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for plaintiff.
for defendant: Scott G. Wilcox, Giordano, DelCollo, Werb & Gagne, LLC, Wilmington, DE for defendants.
Case Number: N23C-03-181 CEB
The court found that the complaint for certiorari regarding the denial of a conditional use permit was not untimely filed, the claim was not barred by plaintiff's failure to exhaust its administrative remedies, and the mayor and members of the town council were immune from suit in their individual capacity.
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.
Publication Date: 2022-12-27
Practice Area: Creditors' and Debtors' Rights
Industry: Energy | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jeffrey S. Cianciulli, Weir Greenblatt Pierce LLP, Wilmington, DE for plaintiffs.
for defendant: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Jonathan L. Scher, The Scher Law Firm, LLP, Carle Place, NY for defendant.
Case Number: N21C-09-060 CEB
Contractual fraud claims arising from corporate investments were dismissed where plaintiffs presented no evidence to show that corporate officers knew pre-contractual representations were false or that plaintiffs were unaware of the company's precarious financial situation or the right of the company to modify the parties' agreement without plaintiffs' consent.
Publication Date: 2022-12-13
Practice Area: Employment Litigation
Industry: Biotechnology | Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael W. McDermott, David B. Anthony, Berger Harris LLP, Wilmington, DE; Bryan J. Wick, Jack Lilley, Wick Phillips Gould & Martin, LLP, Dallas TX for plaintiff.
for defendant: Blake Rohrbacher, Samuel J. Gray, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Messerli, The Messerli Law Firm, Trophy Club, TX for defendant.
Case Number: N21C-12-131 CEB
Suit for wages and severance pay was not dismissed where employer identified no condition precedent to terminated employee's right to receive wages, and where there were outstanding issues of material fact concerning whether employer had materially breached the parties' contract, entitling employee to receive separation pay.
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Publication Date: 2022-08-23
Practice Area: Contracts
Industry: Distribution and Wholesale | Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson LLP, Wilmington, DE; Kevin G. O’Donovan, Palmer Biezup & Henderson LLP, Philadelphia, PA for plaintiff.
for defendant: Elizabeth A. Sloan, Brittany M. Guisini, Ballard Spahr, LLP, Wilmington, DE; Matthew D. Knepper, Tanya Maerz, Husch Blackwell, LLP, St. Louis, MO; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE. for defendants.
Case Number: D69926
Court granted in part and denied in part summary judgment motions in a case arising out of product destruction at a warehouse.
Publication Date: 2021-09-15
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for petitioners.
for defendant: John E. Tracey, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for respondent.
Case Number: D69541
County board of adjustment correctly concluded that respondent was seeking an area variance, not a use variance.
Publication Date: 2021-06-02
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
for defendant: Susan List Hauske, Tybout, Redfearn & Pell, Wilmington, DE; Kimberly M. Jones, Christian M. Gunneson, Wood, Smith Henning & Berman, LLP, Tampa, FL for defendant.
Case Number: D69415
Insurers were not entitled to dismiss or stay action seeking declaration of coverage for triggering loss under insurers' policy based solely on insurers' claim of continuing to investigate the claim.
Publication Date: 2021-05-05
Practice Area: Insurance Law
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for plaintiffs.
for defendant: Amy M. Taylor, Heckler & Frabizzio, Wilmington, DE; Ronald M. Ransom, Casarino Christman Shalk Ran-som & Doss, P.A., Wilmington, DE for defendants.
Case Number: D69385
Where a driver had been excluded from coverage under a policy, injured family members could not recover under the uninsured motorist provisions of the policy.
Publication Date: 2020-10-28
Practice Area: Landlord Tenant Law
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson, LLP, Wilmington, DE for plaintiff.
for defendant: Elizabeth Sloan, Brittany M. Giusani, Ballard Spahr, Wilmington, DE; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
Case Number: D69172
A genuine issue of material fact existed as to whether property damage resulted from tenant's failure to make repairs or because of landlord's failure to replace a mechanical system.
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