• State Farm Mut. Auto Ins. Co. v. Spine Care Delaware, LLC

    Publication Date: 2020-09-23
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Kyle G.A. Wallace, Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendants.

    Case Number: D69132

    The Delaware Supreme Court held the lower court erred in holding that an insurer had the burden of proof with respect to the reasonableness of reductions in the amounts charged by a medical provider.

  • Spanakos v. Pate

    Publication Date: 2020-08-19
    Practice Area: Corporate Governance
    Industry: Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Carl D. Neff and Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE; Manuel A. Mesa, Mesa & Pepin, LLC, Miami, FL for petitioner.
    for defendant: Neil R. Lapinski, William M. Kelleher and Phillip A. Giordano, Gordon Fournaris & Mammarella, P.A., Wilmington, DE for respondents.

    Case Number: D69093

    Although a shareholder met the statutory prerequisites for a court-ordered election, the court properly rejected the petition because confusion existed regarding another state's orders.

  • Eagle Force Holdings, LLC v. Campbell

    Publication Date: 2020-08-05
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE; Harold M. Walter, Baltimore, MD for appellants.
    for defendant: David L. Finger, Finger and Slanina, LLC, Wilmington, DE for appellee.

    Case Number: D69054

    Court did not err in dismissing case for lack of personal jurisdiction where it found parties' contracts were not binding agreements as objective evidence demonstrated that the parties had not unambiguously manifested their intent to be bound to the agreements.

  • Hart v. Parker

    Publication Date: 2020-08-05
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Melissa L. Rhoads, Esquire, Tighe & Cottrell, P.A., Wilmington, DE for appellants.
    for defendant: Scott L. Silar, Esquire, Reger Rizzo & Darnell LLP, Wilmington, DE for appellees.

    Case Number: D69056

    Plaintiffs could bring claim against an estate outside the eight-month limitations period where judgment on such claims would be paid by a decedent's insurance carrier.

  • Murfey v. WHC Ventures LLC

    Publication Date: 2020-07-29
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Carl D. Neff and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE for plaintiff.
    for defendant: John J. Tumilty, Barnes-Brown & Pendleton, P.C., Waltham, MA; Raymond J. DiCamillo and John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.

    Case Number: D69067

    The chancery court erred by reading a "necessary and essential" requirement into a partnership books and records request.

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  • Eagle Force Holdings, LLC v. Campbell

    Publication Date: 2020-07-22
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE; Harold M. Walter, Baltimore, MD for appellants.
    for defendant: David L. Finger, Finger and Slanina, LLC, Wilmington, DE for appellee.

    Case Number: D69054

    Court did not err in dismissing case for lack of personal jurisdiction where it found parties' contracts were not binding agreements as objective evidence demonstrated that the parties had not unambiguously manifested their intent to be bound to the agreements.

  • Hart v. Parker

    Publication Date: 2020-07-22
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Melissa L. Rhoads, Esquire, Tighe & Cottrell, P.A., Wilmington, DE for appellants.
    for defendant: Scott L. Silar, Esquire, Reger Rizzo & Darnell LLP, Wilmington, DE for appellees.

    Case Number: D69056

    Plaintiffs could bring claim against an estate outside the eight-month limitations period where judgment on such claims would be paid by a decedent's insurance carrier.

  • Dohmen v. Goodman

    Publication Date: 2020-07-08
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Sarah M. Ennis, Morris James LLP, Wilmington, DE; Andrew B. Holmes and Matthew D. Taylor, Holmes, Taylor, Cowan & Jones LLP, Los Angeles, CA for appellant
    for defendant: Rodney Smolla, Wilmington, DE; Jeffrey C. Engerman, Law Offices of Jeffrey C. Engerman, P.C., Los Alamitos, CA for appellee.

    Case Number: D69038

    General partner had no duty of disclosure in a request for capital contribution directed at an individual limited partner, requiring the limited partner to prove reliance and causation to recover on a fiduciary duty claim.

  • Overstock.com, Inc. v. State of Delaware ex rel. French

    Publication Date: 2020-07-08
    Practice Area: Whistleblower Laws
    Industry: E-Commerce | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Michael P. Kelly, Matthew J. Rifino, Hayley J. Reese and Matthew Wright, McCarter & English, LLP, Wilmington, DE and Washington, DC for Overstock.com, Inc.
    for defendant: Thomas E. Brown, Edward K. Black and Stephen G. McDonald, Deputy Attorney Generals, Wilmington, DE for the state. Laina M. Herbert and Vivek Upadhya, Grant & Eisenhofer, Wilmington, DE for plaintiff French.

    Case Number: D69045

    The failure to file a statement regarding expired gift cards with the state escheat office did not amount to a false statement under the Delaware False Claims and Reporting Act. Reversed.

  • Chavis v. State

    Publication Date: 2020-06-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Bernard J. O’Donnell, Assistant Public Defender, Wilmington, DE for appellant.
    for defendant: Kathryn J. Garrison, Deputy Attorney General, Dover, DE for appellee.

    Case Number: D69008

    Trial court erred in admitting evidence of prior convictions where admission was based solely on second-hand knowledge of the underlying facts of those prior cases and their supposed similarity to the facts of the present case.