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  • Elzufon, Austin, Tarlov & Mondell, P.A. v. Lewis

    Publication Date: 2023-01-24
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Walter J. O’Brien, Weber Gallagher Simpson Stapleon Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
    Case Number: N22A-03-006 FWW

    Industrial Accident Board had sufficient evidence to find causal connection between work injury and new physical symptoms where medical expert credibly testified that new symptoms were a consequence of the surgery to treat the work injury.

  • Olsen v. Fisher-Price, Inc.

    Publication Date: 2023-01-17
    Practice Area: Wrongful Death
    Industry: Consumer Products | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Robert Leoni, Shelsby & Leoni, P.A., Wilmington, DE; Alan M. Feldman, Daniel J. Mann, Edward S. Goldis, Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, LLP, Philadelphia, PA for plaintiffs.
    for defendant: Liza Zwally Brown, Corrine R. Moini, Greenberg Traurig, LLP, Wilmington, DE for defendants.
    Case Number: N21C-02-097 WCC

    Although Missouri law did not allow application of the discovery rule to toll or extend the statute of limitations on wrongful death claims, defendants could be equitably estopped from asserting a statute of limitations defense if they engaged in intentional concealment of evidence of the dangerous nature of their product.

  • Brown v. Arnold

    Publication Date: 2023-01-17
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: William D. Fletcher, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff;
    for defendant: Miranda D. Clifton, Heckler & Frabizzio, P.A., Wilmington, DE for defendant.
    Case Number: K19C-09-035 JJC

    The court granted plaintiff's motion for a new trial in a personal injury matter on the grounds that the jury had found that plaintiff had at least suffered some harm but nevertheless awarded a zero-dollar verdict.

  • Ainslie v. Fitzgerald

    Publication Date: 2023-01-17
    Practice Area: Contracts
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Zurn
    Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Joseph Delich, Alex Potter, Kevin Goode, Freedman Nordmand Friedland LLP, New York, NY; Kyle Roche, Kyle Roche, P.A., New York, NY for plaintiffs.
    for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. Speed, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Cantor Fitzgerald, New York, NY for defendant.
    Case Number: 9436-VCZ

    The court granted in part and denied in part parties' cross-motions for summary judgment regarding the appropriateness of penalties arising out of a partnership's restrictive covenants.

  • State ex rel. Rogers v. The Bancorp Bank

    Publication Date: 2023-01-17
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel C. Mulveny, Oliver Cleary, Deputy Attorneys General, State of Delaware Dep’t of Justice, Wilmington, DE; Bruce E. Jameson, Samuel L. Closic, Mary S. Thomas, Prickett, Jones & Elliott, P.A., Wilmington, DE; David Brackett, Benjamin E. Fox, John E. Floyd, Bondurant, Mixson & Elmore, LLP, Atlanta, GA for plaintiffs.
    for defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Joshua A. Goldberg, Jane Metcalf, Clinton W. Morrison, Christina Sedca-Acosta, Patterson Belknap Webb & Tyler LLP; Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Eric W. Sitarchuk, Ezra D. Church, Ryan P. McCarthy, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendants.
    Case Number: N18C-29-240 PRW CCLD

    Qui tam relator's counsel's failure to set up ethical screens or disclose his knowledge of defendant's attorney-client materials requires disqualification and shifting of costs onto counsel.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Marcolini v. Horizon Serv., Inc.

    Publication Date: 2023-01-17
    Practice Area: Damages
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Esq. P.A., Wilmington, DE for plaintiff.
    for defendant: Michael C. Heyden, Jr., Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendant.
    Case Number: N21C-07-011 CEB

    Technician negligence that led to fuel oil spill in home did not rise to the level of wanton disregard or malice to support an award of punitive damages.

  • Parisi v. Backyard Works Inc.

    Publication Date: 2023-01-10
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: S21C-02-003 CAK

    Former employee failed to prove entitlement to commissions where his agreement conditioned commission on employer's receipt of payment from customers, but employer violated the Wage Payment and Collection Act by not timely paying earned commissions in accordance with the parties' practice.

  • The State of Delaware v. Melpar, LLC

    Publication Date: 2023-01-10
    Practice Area: Fee Disputes
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Bradley Eaby, Deputy Attorney General, Department of Justice, Wilmington, DE for petitioner.
    for defendant: Richard L. Abbott, Abbot Law Firm, Hockessin, DE for defendant.
    Case Number: S21C-03-017 FJJ

    The court granted a motion for attorney fees in part and denied in part finding that defendant LLC was owed fees following a condemnation trial where the court's valuation of the property was higher than that initially offered by the State.

  • Giles v. Town of Elsmere

    Publication Date: 2023-01-03
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
    for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
    Case Number: N22M-02-006 EMD

    Mandamus relief seeking admission to state pension plan dismissed on statute of limitations grounds where municipal officer's alleged right to apply for admission to pension plan accrued upon hire nearly 10 years prior.

  • LCT Capital, LLC v. NGL Energy Partners LP

    Publication Date: 2023-01-03
    Practice Area: Contractual Disputes
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John L. Reed, Daniel Klusman, DLA Piper LLP, Wilmington, DE for plaintiff.
    for defendant: Steven T. Margolin, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig, LLP, New York, NY for defendants.
    Case Number: N15C-08-109 MAA CCLD

    The court granted in part and denied in part motions to exclude evidence and testimony submitted by both parties to a breach of contract case.