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Publication Date: 2020-09-16
Practice Area: Contractual Disputes
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: A. Thompson Bayliss and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE; Kurt S. Kusiak, Fitch Law Partners LLP, Boston, MA for plaintiff.
for defendant: Lisa Zwally Brown and Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE for defendant.
Case Number: D69123
Although defendant did not object to invoices, plaintiff was not entitled to summary judgment because defendant raised issues of material fact regarding plaintiff's failure to perform multiple aspects of the parties' agreement.
Publication Date: 2020-07-15
Practice Area: Intellectual Property
Industry: Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: David L. Finger, Finger &Slanina, LLC, Wilmington, DE; Benjamin M. Carson, Law Offices of Benjamin M. Carson, P.C., La Jolla, CAfor plaintiff.
for defendant: John L. Reed and Harrison S. Carpenter, DLA Piper LLP (US), Wilmington, DE; Brian A. Foster, Noah A. Katsell, and Julie Gryce, DLA Piper LLP (US), San Diego, CA for defendants.
Case Number: D69048
Where the availability of an alternative forum for plaintiff's claims was a contingent matter, the court ordered a stay of the case in contemplation of litigation proceeding in another state, while leaving plaintiff with the ability to continue the case if no other forums were available.
Publication Date: 2020-06-03
Practice Area: Insurance Law
Industry: Insurance | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Martin S. Lessner, Richard J. Thomas, and M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; James P. Gillespie and Dustin Hillsley, Kirkland& Ellis LLP, New York, NY; Adam T. Humann, Kirkland & Ellis LLP, Washington, DC for plaintiff Athene. Brian C. Ralston, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiffs American Investors and Indianapolis Life.
for defendant: Kenneth J. Nachbar and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendant American Life. Joel Friedlander and Christopher P. Quinn, Friedlander & Gorris, P.A, Wilmington, DE; John L. Jacobus, J. Walker Johnson, Catherine D. Cockerham, and William Carson, Steptoe & Johnson LLP, Washington, DC; Jeffrey B. Korn and Stuart R. Lombardi, Willkie Farr & Gallagher LLP, Washington, DC; Joseph G. Davis, Willkie Farr & Gallagher LLP, New York, NY for defendants ZC Resource Investment Trust and ZC Resource LLC.
Case Number: D68999
Breach of contract and tortious interference claims arising from alleged rights to surrender or reallocation value from corporate-owned life insurance policies were dismissed as unripe where the policyholder had made no effort to surrender or reallocate.
Publication Date: 2020-05-20
Practice Area: Contractual Disputes
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE; Benjamin M. Carson, Law Offices of Benjamin M. Carson, La Jolla, CA for plaintiff.
for defendant: John L. Reed, Harrison S. Carpenter, of DLA Piper LLP (US), Wilmington, DE; Brian A. Foster, Noah A. Katsell and Julie Gryce, DLA Piper LLP (US), San Diego, CA for defendants.
Case Number: D68985
Defendants were entitled to relief based on forum non conveniens, but instead of dismissal, the court imposed a stay.
Publication Date: 2020-04-20
Practice Area: Law Firm Client Relationships
Industry: Financial Services and Banking | Insurance | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Simon E. Fraser and Thomas Francella, Cozen O’Connor, Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi and Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for defendant.
Case Number: D68955
A law firm's prior representation presented a conflict that could not be waived. Motion for reargument denied.
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Publication Date: 2020-02-19
Practice Area: Insurance Litigation
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE for plaintiff.
for defendant: Scott E. Chambers and Gary E. Junge, Schmittinger & Rodrigue P.A., Dover, DE for defendant.
Case Number: D68884
Where a passenger sustained injuries in a single vehicle accident that were in excess of the bodily injury and personal injury protection limits, the driver's underinsured motorist coverage applied as well.
Publication Date: 2020-01-01
Practice Area: Legal Ethics and Attorney Discipline
Industry: Financial Services and Banking | Insurance | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Simon E. Fraser and Thomas Francella, Cozen O’Connor, Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi and Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for defendant.
Case Number: D68826
Due to a former client conflict and the appearance of impropriety, disqualification of plaintiff's counsel was necessary to ensure the fairness of the litigation process.
Publication Date: 2019-11-20
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Jordan A. Braunsberg of the Dept’ of Justice for the state.
for defendant: Damion Thomas, pro se defendant.
Case Number: D68778
Changes in the law which allowed a court to impose concurrent rather that consecutive sentences for certain crimes were not retroactively effective.
Publication Date: 2019-10-16
Practice Area: Insurance Litigation
Industry: Insurance | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Jody Barillare, Beth Herrington and Zachary Ryan Lazar, Morgan, Lewis & Bockius, LLP, Wilmington, DE for plaintiff.
for defendant: Michael C. Heyden and Scott Schmookler, Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendants.
Case Number: D68741
The court granted plaintiff's motion to dismiss some of the insurers' claims due to the statute of limitations, but it declined to dismiss the contractual indemnification claims.
Publication Date: 2019-10-09
Practice Area: Civil Procedure
Industry: Retail | State and Local Government
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Bruce E. Jameson and Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; Justin S. Brooks and Elizabeth H. Shofner, Guttman & Buschner & Brooks, PLLC, Wilmington, DE for plaintiff-relator.
for defendant: Kenneth J. Nachbar, Michael Houghton, Matthew R. Clark and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ethan D. Miller, Jason D. Popp and Gavin Reinke. Alston & Bird LLP for CVS Health Corporation. Stephen E. Jenkins, Catherine Gaul, F. Troupe Mickler, IV, Ashby & Geddes, Wilmington, DE for Card Compliant and CardFact defend-ants. Brian E. Farnan , Farnan LLP, Wilmington, DE for Vacation Properties United Ltd. and The Factoring Co.
Case Number: D68731
The court dismissed this qui tam action involving an allegedly fraudulent scheme for depriving the state of money it was enti-tled to from unused gift cards.
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