• Mortgage Connect Document Solutions, LLC v. Green Indus. Dev. Group, LLC

    Publication Date: 2023-09-25
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Andrew D. Cordo, Kaitlin E. Maloney, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for plaintiff.
    for defendant: Katherine L. Mowery, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Mark T. Josephs, Brian H. Oates, Matt M. Johnson, Jackson Walker, LLP, Dallas, TX for defendant.

    Case Number: N23C-01-178 MAA CCLD

    Court denied landlord summary judgment on tenant's breach of lease agreement where the lease obligated the parties to continue with a revise-or-consent procedure to resolve improvement costs over the tenant allowance, and there was evidence that the tenant was continuing with the procedure until the landlord refused to proceed with revisions and terminated the lease.

  • State v. Elder

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.

    Case Number: # 1512017983

    Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2023-09-18
    Practice Area: Employment Litigation
    Industry: Health Care | Legal Services
    Court: Delaware Superior Court
    Judge: District Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.

    Case Number: N20C-08-186 FWW

    Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.

  • In re COVID-Related Restrictions on Religious Serv.

    Publication Date: 2023-09-11
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Scott D. Cousins, Cousins Law LLC, Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney at Law, Wilmington, DE for plaintiffs.
    for defendant: Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.

    Case Number: N23C-01-123 MAA

    Plaintiffs' lawsuit challenging past COVID-19-related restrictions on houses of worship was dismissed where governor was entitled to qualified immunity as it was unclear at the time the restrictions were implemented that such restrictions were unconstitutional and where the lawsuit was not justiciable since there was no longer an active case or controversy.

  • 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.

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    Florida Evidence and Procedure 2019

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  • Bright Data, Inc. v. Meta Platforms, Inc.

    Publication Date: 2023-09-04
    Practice Area: Contractual Disputes
    Industry: E-Commerce | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: David Wilks, D. Charles Vavala III, Wilks Law LLC, Wilmington, DE for plaintiffs.
    for defendant: Karen Jacobs, Alexandra Cumings, Stephanie Rudolph, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendants.

    Case Number: N23C-01-229 SKR CCLD

    The court granted defendant's motion to stay Delaware proceedings in deference to an earlier-filed pending case in federal district court in California finding that the parties and issues presented were substantially identical, the California court could provide prompt and complete justice, and allowing the California and Delaware actions to proceed simultaneously would risk waste of judicial resources and inconsistent resolution of the issues.

  • Morra v. 700 Marvel Rd. Operations, LLC

    Publication Date: 2023-09-04
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
    for defendant: Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney, P.C., Wilmington, DE for defendants.

    Case Number: N22C-03-213 CEB

    PREP Act immunity did not apply to complaint alleging ordinary negligence by a nursing home in failing to take steps to prevent the spread of COVID-19 to residents.

  • Beautycon Media ABC Trust v. New General Market Partners, LLC

    Publication Date: 2023-08-28
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Counsel: Kevin M. Capuzzi, Benesch, Friedlander, Coplan & Aronoff, LLP, Wilmington, DE for plaintiff.
    for defendant: Paul D. Brown, Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; F. Maximilian Czernin, Peter R. Morrison, Squire Patton Boggs, LLP, Cincinnati, OH for defendant.

    Case Number: N22C-12-143 MAA CCLD

    Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within

  • In Re: Proton Pump Inhibitors Prod. Liab. Litig.

    Publication Date: 2023-08-28
    Practice Area: Products Liability
    Industry: Manufacturing | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Thomas G. Macauley, Macauley LLC, Wilmington, DE; Martin Bienstock, Bienstock PLLC, Washington, D.C. for plaintiff.
    for defendant: James J. Freebery, Daniel J. Brown, Makenzie Windfelder, Hayley J. Reese, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE; Arthur E. Brown, William Hoffman, Matthew Douglas, Arnold & Porter Kaye Scholer LLP, New York, NY; Amy K. Fisher, Katherine D. Althoff, Carolyn E. Riggs, Ice Miller LLP, Indianapolis, IN; Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Sherry Knutson, Tucker Ellis LLP, Chicago, IL; Craig A. Thompson, Venable LLP, Baltimore, MD for defendants.

    Case Number: N17C-07-001 PPI

    Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie

  • Bajwa v. Millcreek Shopping Ctr. LLC

    Publication Date: 2023-08-28
    Practice Area: Personal Injury
    Industry: Construction | Real Estate | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: James P. Hall, Phillips, McLaughlin & Hall, P.A. Wilmington, DE, attorney for plaintiff.
    for defendant: Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE; Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.

    Case Number: N21C-08-110 PRW

    Court denied summary judgment to shopping center owner in premises liability action where there were genuine issues of material fact regarding whether agreement with maintenance company constituted owner relinquishing possession and actual control of the premises.