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September 29, 2023 | New Jersey Law Journal

Camden Jury Awards $1.3 Million in UM Benefits in Suit Against NJ Manufacturers

A Camden County jury awarded $1.3 million on Aug. 10 to a man injured in a motor vehicle accident in his claim filed against his own insurer for uninsured-motorist benefits.
4 minute read
Data Logger Solutions, LLC v. Digi Smartsense, LLC
Publication Date: 2023-09-04
Practice Area: Contracts
Industry: Manufacturing | Retail | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys:
For plaintiff: Krista M. Reale, Margolis Edelstein, Wilmington, DE; Herbert W. Mondros, Rigrodsky Law, P.A. Wilmington, DE for plaintiff.
For defendant: K. Tyler O’Connell, Barnaby Grzaslewicz, Samuel E. Bashman, Morris James LLP, Wilmington, DE; Eric C. Liebeler, Kevin Kitchen, Connor Shaull, Stinson LLP, Minneapolis, MN for defendants.
Case number: N20C-10-121-EMD

Concluding that the facts alleged for the breach of contract claim in the original complaint were similar to those pled in the claim for tortious interference in the amended complaint, the court denied defendant's motion to dismiss finding that defendant was provided sufficient notice of the tortious interference claim to relate back to the original complaint.

August 15, 2023 | Delaware Business Court Insider

Workers File WARN Act Suit Against Furniture Company

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
August 07, 2023 | New Jersey Law Journal

Personal Injury Top Awards 2023

This year's compilation of the 20 largest personal injury recoveries includes awards reported by the Law Journal between July 29th, 2022, and July 1,…
52 minute read
August 03, 2023 | Daily Report Online

2 Delaware Class Actions, Including Ga. Case, Say Yellow Freight Wrongly Fired 30,000 Without Notice

Both complaints allege Yellow employees were told July 28 they were being terminated that day, violating the federal WARN Act requirement for 60 days advance notice of a mass layoff.
3 minute read
August 03, 2023 | Delaware Law Weekly

Pair of Delaware Class Actions Say Yellow Freight Wrongly Fired 30,000 Without Notice

Both complaints allege Yellow employees were told July 28 they were being terminated that day, violating the federal WARN Act requirement for 60 days advance notice of a mass layoff.
3 minute read
Biegler v. Underwriting Serv. Mgmt. Co., LLC
Publication Date: 2023-07-31
Practice Area: Business Torts
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys:
For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
For defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.
Case number: N23C-01-180 FWW

Negligence and tortious interference claims against insurer brought by insurance agent failed where insurer lacked specific knowledge of the business relationship between the agent and the agent's client and would not have reason to know they would be liable for damage arising from the client's termination of the agent's services following the insurer's policy cancellation.

Donegal Mut. Ins. Co. v. Thangavel
Publication Date: 2023-07-31
Practice Area: Insurance Litigation
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys:
For plaintiff: Jennifer A. Sutton, Margolis Edelstein, Wilmington, DE for appellant.
For defendant: Wade A. Adams, III, Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE for appellees.
Case number: S21C-08-013

Superior Court correctly applied Sutton rule to bar landlord's insurer from pursuing subrogation against tenants who negligently damaged the property, where the lease contained no provision demonstrating that the landlord and tenant expressly intended for the tenant to obtain their own insurance or to be barred from coverage under the landlord's policy.

Biegler v. Underwriting Serv. Mgmt. Co., LLC
Publication Date: 2023-07-24
Practice Area: Business Torts
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys:
For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
For defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.
Case number: N23C-01-180 FWW

Insurance agent's professional negligence claims against insurance provider arising from the agent's termination by his client failed where agent could not allege a duty of care by the provider, which had no reason to know that the agent's continued retention by his client would be conditioned on the provider's performance under the insurance policy.

July 13, 2023 | The Legal Intelligencer

3rd Circuit Clarifies Federal Jurisdiction Over Magnuson-Moss Warranty Class Actions

The U.S. Court of Appeals for the Third Circuit has clarified that neither the Class Action Fairness Act (CAFA) nor traditional diversity requirements can serve as a basis for federal jurisdiction over Magnuson-Moss Warranty Act (MMWA) class actions.
8 minute read

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