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  • Anderson v. GI Assoc. of Delaware, P.A.

    Publication Date: 2022-09-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, Wilmington, DE for plaintiffs.
    for defendant: Lorenza A. Wolhar, Bradley J. Goewert, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D69948

    Court denied defendant doctor's motion to dismiss petition arising out of a wrongful death case for a patient.

  • In re: CVS Opioid Ins. Litig.

    Publication Date: 2022-08-30
    Practice Area: Insurance Law
    Industry: Insurance | Pharmaceuticals | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Garrett B. Moritz, R. Garret Rice, Ross Aronstam & Moritz, LLP, Wilmington, DE; Michael S. Shuster, Daniel M. Sullivan, Blair E. Kaminsky, Daniel K. Phillips, Daniel M. Horowitz, Holwell Shuster & Goldberg LLP, New York, NY; Susan Koehler Sullivan, Clyde & Co LLP, Los Angeles, CA; Robert M. Magino, Clyde & Co LLP, Morristown, NJ for plaintiffs.
    for defendant: Robert J. Katzenstein, Julie M. O’Dell, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Christopher J. St. Jeanos, James E. Fitzmaurice, Willkie Farr & Gallagher LLP, New York, NY; David J. Baldwin, Peter C. McGivney, Zachary J. Schnapp, Berger Harris LLP, Wilmington, DE; Kirk Pasich, Nathan M. Davis, Pasich LLP, Los Angeles, CA; Jeffrey L. Schulman, Peter A. Halprin, Pasich LLP, New York, NY for defendant.
    Case Number: D69940

    Court applied overwhelming hardship standard to motion to dismiss or stay for forum non conveniens where there was no evidence of a "race to the courthouse" by the parties such that their cases could be deemed contemporaneously filed and where there was no indication that plaintiffs had engaged in improper forum shopping.

  • Torrent Pharma Inc. v. Priority Healthcare Distrib., Inc.

    Publication Date: 2022-08-23
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Manufacturing | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Michael B. McCauley, Palmer Biezup & Henderson LLP, Wilmington, DE; Kevin G. O’Donovan, Palmer Biezup & Henderson LLP, Philadelphia, PA for plaintiff.
    for defendant: Elizabeth A. Sloan, Brittany M. Guisini, Ballard Spahr, LLP, Wilmington, DE; Matthew D. Knepper, Tanya Maerz, Husch Blackwell, LLP, St. Louis, MO; Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE. for defendants.
    Case Number: D69926

    Court granted in part and denied in part summary judgment motions in a case arising out of product destruction at a warehouse.

  • Nieves v. This & That Serv., Co.

    Publication Date: 2022-08-23
    Practice Area: Administrative Law
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger and Rodriguez, Dover, DE for plaintiff.
    for defendant: John J. Ellis, Heckler and Frabizzio, Wilmington, DE for defendant.
    Case Number: D69927

    Court reversed Industrial Accident Board's decision and remanded the case to be dismissed due to the fact that the appeal was not justiciable and claimant did not seek further relief.

  • In Re Subpoena Request of McGuiness

    Publication Date: 2022-08-23
    Practice Area: Government
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Luke W. Mette, Armstrong Teasdale LLP, Wilmington, DE; Christopher P. Lynett, Bianca A. Valcare, Armstrong Teasdale LLP, Philadelphia, PA for plaintiff.
    for defendant: Joana S. Suder, Deputy Attorney General, Wilmington, DE for respondent.
    Case Number: D69928

    Government agency sought motion to quash subpoena served by the Delaware Office of Auditor Accounts where the information sought included information relevant to the transaction of Medicaid payments rather than just finalized transactions themselves.

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  • Lewis v. Delaware Dep't of Transp.

    Publication Date: 2022-08-16
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Anthony N. Delcollo, Christopher J. Isaac, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: Allison J. McCowan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69924

    Terminated employee was not denied opportunity to contest prior disciplinary infractions, where those infractions were resolved by memoranda of understanding in which employee agreed not to contest those infractions or his discipline.

  • Hull v. The Bd. of Educ. of Brandywine Sch. Dist.

    Publication Date: 2022-08-16
    Practice Area: Labor Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: James H. McMackin, III, Morris James LLP, Wilmington, DE for appellee.
    Case Number: D69923

    James Hull appealed from the Brandywine School District's board of education decision to terminate Hull's employment as the driver's education teacher at Concord High School. Hull had worked as a driver's ed teacher at Concord High School for approximately 20 years.

  • State v. Reed

    Publication Date: 2022-08-09
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Matthew C. Bloom, Caroline Brittingham, Nichole Gannett, Deputy Attorneys General, Delaware Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Patrick J. Collins, Wilmington, DE for defendant.
    Case Number: D69916

    Trial counsel did not render ineffective assistance where credible testimony showed that they had a nuanced discussion with defendant about the demographic makeup of juries in the county and did not, as defendant claimed, assert that he would not receive a fair trial due to his race.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2022-08-02
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: D69908

    Pregnancy discrimination and wrongful termination claims were not dismissed where the lack of a disciplinary record could permit an inference of a nexus between employee's pregnancy and maternity leave and employer's decision to terminate.

  • State ex rel. Jennings v. Monsanto Co.

    Publication Date: 2022-07-26
    Practice Area: Environmental Law
    Industry: Chemicals and Materials | Manufacturing | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Christian Douglas Wright, Ralph K. Durstein, III, State of Delaware Department of Justice, Wilmington, DE; Amy Williams-Derry, Daniel Mensher, Alison S. Gaffney, Keller Rohrback L.L.P., Seattle, WA; Keil Mueller, Steve Larson, Emily Johnson, Stoll Stoll Berne Lokting & Shlachter P.C., Portland, OR for plaintiff.
    for defendant: Christian J. Singewald, Timothy S. Martin, Daryll Hawthorne-Searight, White and Williams LLP, Wilmington, DE; Thomas M. Goutman, David S. Haase, Kim Kocher, Shook, Hardy & Bacon L.L.P., Philadelphia, PA; Adam E. Miller, Susan L. Werstak, Shook, Hardy & Bacon L.L.P., St. Louis, MO; Richard L. Campbell, Shook, Hardy & Bacon L.L.P., Boston, MA for defendants.
    Case Number: D69901

    State's regulatory control over public lands and waters was insufficient to confer standing to assert a trespass claim arising from alleged environmental contamination where trespass required exclusive possession.