• Stevenson v. Delaware Dept. of Natural Resources and Envtl. Control

    Publication Date: 2018-07-11
    Practice Area: Expert Witnesses | Public Utilities
    Industry: Energy
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Richard L. Abbott for plaintiffs
    for defendant: Ralph K. Durstein, III and Valerie S. Edge for defendants.

    Case Number: D68213

    Plaintiffs lacked standing to challenge amendments to Delaware law regarding utility pricing.

  • State of Delaware v. Williams

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Eric H. Zubrow for the state
    for defendant: Natalie S. Woloshin for defendant.

    Case Number: D68212

    Criminal defendant failed to meet his burden of showing that trial counsel's performance was objectively un-reasonable, or that that defendant was prejudiced by it.

  • Sherman v. State of Delaware Dept. of Public Safety

    Publication Date: 2018-07-11
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Edmund Daniel Lyons, Jr. for plaintiff
    for defendant: Lynn Kelly and Michael F. McTaggart for the state.

    Case Number: D68210

    As a matter of law, if a police officer made a valid arrest and then used that leverage to engage in sexual activ-ity with an arrestee, the officer's conduct did not need to fall within the scope of his employment to trigger em-ployer liability.

  • Ramsey v. Georgia S. Univ. Advanced Dev. Ctr.

    Publication Date: 2018-07-11
    Practice Area: Personal Injury | Toxic Torts
    Industry: Education | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE, attorney for appellant
    for defendant: Eileen M. Ford and Megan T. Mantzavinos, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE; Robert S. Goldman and Lisa C. McLaughlin, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Sarah P. Kelly, Nutter, McClennen & Fish, LLP, Boston, MA, attorneys for appellees.

    Case Number: D68208

    Asbestos manufacturers obligated to provide safe handling warnings and instructions to employers who purchased asbestos products, such that employers could pass those warnings and instructions onto their employees, and could have liability for failure to provide such warnings and instructions.

  • Fringer v. Kersey Homes, Inc.

    Publication Date: 2018-07-11
    Practice Area: Business Torts | Corporate Entities
    Industry: Construction | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE, attorney for plaintiff
    for defendant: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE, attorney for defendants.

    Case Number: D68206

    Piercing of corporate veil granted where evidence indicated corporation fraudulently transferred sole asset to avoid collection by judgment creditor.

  • Reybold Venture Group V-A, LLC v. New Castle County Office of Assessment

    Publication Date: 2018-07-11
    Practice Area: Administrative Law | Tax
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Michael J. Isaacs and Wali W. Rushdan, II for appellant
    for defendant: Adam Singer for appellees.

    Case Number: D68209

    A county assessment board abused its discretion and deprived a party of due process when it refused to grant a taxpayer's request for a continuance after the county presented new information at the hearing.

  • In Re Straight Path Commc'ns Inc. Consolidated Stockholder Litig.

    Publication Date: 2018-07-11
    Practice Area: Corporate Governance | Mergers and Acquisitions
    Industry: Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Ned Weinberger and Thomas Curry, Labaton Sucharow LLP, Wilmington, DE; March Lebovitch, Edward Timlin, John Vielandi, and David MacIsaac, Bernstein Litowitz Berger & Grossman LLP, New York, NY; Vincent R. Cappucci and Joshua K. Porter, Entwistle & Cappucci LLP, New York, NY, attorneys for plaintiffs
    for defendant: Rudolf Koch, Kevin M. Gallagher, Sarah A. Clark, and Anthony M. Calvano, Richards, Layton & Finger, P.A., Wilmington, DE; William Ohlemeyer, Edward Normand, and Jason Cyrulnik, Boies Schiller Flexner LLP, Armonk, NY; Kevin G. Abrams, Michael A. Barlow, and April M. Kirby, Abrams & Bayliss, Wilmington, DE; Greg A. Danilow, Seth Goodchild, and Thomas G. James, Weil, Gotshal & Manges LLP, New York, NY, attorneys for defendants.

    Case Number: D68207

    Claim that controlling stockholder improperly used influence to acquire company asset in exchange for approving sale of the company was a direct claim that could be brought by stockholders since they would have received consideration for the asset but for the controller's conduct.

  • State of Delaware v. Taylor

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Elizabeth R. McFarlan and Maria T. Knoll for the state
    for defendant: Herbert Mondros for defendant.

    Case Number: D68211

    Criminal defendant's second motion for post-conviction relief was procedurally barred, and he was not entitled to the "actual innocence" exception due to lack of intent to commit a murder, where defendant failed to show he was factually innocent of the murder.

  • US Ecology, Inc. v. Allstate Power Vac, Inc.

    Publication Date: 2018-07-04
    Practice Area: Contractual Disputes | Corporate Entities
    Industry:
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Stephen C. Norman, Daniyal M. Iqbal, David B. Hennes, Lisa H. Bebchick and Joseph G. Cleeman for plaintiffs
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, William T. Pruit, Warren Haskel and Benjamin Cooper for defendants.

    Case Number: D68205

    Plaintiffs were not entitled to reimbursement of certain insurance payments following the sale of a subsidiary, because the purchase agreement did not provide for it.

  • Securian Life Ins. Co. v. Dawson

    Publication Date: 2018-07-04
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68204

    A party seeking to strike a late-filed answer by two defendants did not establish prejudice, and the court found good cause for the belated filing of the answer.