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  • Isaac v. Cable News Network, Inc.

    Publication Date: 2023-04-18
    Practice Area: Personal Injury
    Industry: Federal Government | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE; Brian E. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
    for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren P. Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Burney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansku, Winston & Strawn LLP, New York, NY for defendants.
    Case Number: 23-247 (MN)

    Court substituted the federal government for a defendant member of Congress when the underlying events occurred within the scope of the congressman's duties, which required dismissal of the claims for plaintiff's failure to exhaust his administrative remedies under the Federal Tort Claims Act.

  • Farley v. Bonefish Grill, LLC

    Publication Date: 2023-03-07
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Sean Gambogi, Kimmel, Carter, Roam, Peltz & O’Neill, P.A., Wilmington, DE for plaintiff.
    for defendant: Kevin Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendant.
    Case Number: N17C-12-265 DJB

    Motion for new trial based on spoliated video footage denied where the footage would not have captured evidence relevant to plaintiff's slip and fall claim.

  • 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.

  • Wu v. Delaware Tech. Cmty. Coll.

    Publication Date: 2022-11-01
    Practice Area: Personal Injury
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: N21C-07-045 EMD

    College was not liable under theories of negligence or fraud for phishing scheme that was enacted through hacking the college's email system, where student who fell victim to the scheme failed to identify any legal duty owed by the college or any fraudulent act committed by college officials.

  • German v. Skinner

    Publication Date: 2022-09-13
    Practice Area: Personal Injury
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Periann Doko, Kent & McBride, P.C., Wilmington, DE for plaintiffs.
    for defendant: Susan List Hauske, Tybout, Redfearn & Pell, Wilmington, De for defendants.
    Case Number: N21C-09-118 WCC

    Court granted defendants' motion to dismiss claim arising out of a personal injury suit where plaintiffs attempted to file a consortium claim although they had previously signed a release and indemnity agreement in exchange for $5,000.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Cousins v. Goodier

    Publication Date: 2022-08-30
    Practice Area: Personal Injury
    Industry: Education | Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE for appellant.
    for defendant: Rodney A. Smolla, Wilmington, DE; Douglas D. Herrmann, Troutman Pepper Hamilton Saunders LLP, Wilmington, DE for appellee.
    Case Number: D69939

    Defamation | Tortious Interference with Contract | Loss of Employment | First Amendment Defense

  • US Dominion, Inc. v. Fox Corp.

    Publication Date: 2022-07-05
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Rodney Smolla, Wilmington, DE; Thomas A. Clare, Megan L. Meier, Dustin A. Pusch, Daniel P. Watkins, Clare Locke LLP, Alexandria, VA; Justin A. Nelson, Brittany Fowler, Susman Godfrey LLP, Houston, TX; Stephen Shackelford, Jr., Elisha Barron, Susman Godfrey LLP, New York, NY; Davida Brook, Susman Godfrey LLP, Los Angeles, CA; Stephen E. Morrissey, Susman Godfrey LLP, Seattle, WA for plaintiffs.
    for defendant: John L. Reed, Ronald N. Brown, III, DLA Piper LLP (US), Wilmington, DE; Eric M. George, Katherine A. Petti, Ellis George Cipollone O’Brien Annaguey LLP, Los Angeles, CA for defendants.
    Case Number: D69873

    Parent corporation could be held directly liable for defamation per se by subsidiary news outlet where parent company executives were alleged to be intimately involved in the outlet's operations and to have not believed the veracity or validity of the defamatory news broadcasts and articles.

  • Richard v. Faw, Casson & Co., LLP

    Publication Date: 2022-04-19
    Practice Area: Personal Injury
    Industry: Accounting | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Scott E. Chambers, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiffs.
    for defendant: David L. Baumberger, Nancy Chrissinger Cobb, Chrissinger & Baumberger, Wilmington, DE; Kenneth M. Doss, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.
    Case Number: D69785

    Lessee, which contractually did not have responsibility for exterior maintenance of the property, still owed a duty to warn its business invitees of hazardous conditions on the property exterior.

  • Gurmessa v. Genocide Prevention in Ethiopia, Inc.

    Publication Date: 2022-03-08
    Practice Area: Personal Injury
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Tolessa Gurmessa, West Valley City, Utah, pro se plaintiff.
    for defendant: Lauren Patrice Deluca, Timothy Michael Holly, Connolly Gallagher LLP, Wilmington, DE; Jennifer Marie Kinkus, William Edward Gamgort, Young, Conaway, Stargatt & Taylor LLP for defendants.
    Case Number: D69741

    Defamation claim could proceed where non-actionable opinions asserted or implied facts that could be proven as true or false.

  • Fisher v. Emory Hill Real Estate Servs., Inc.

    Publication Date: 2022-03-08
    Practice Area: Personal Injury
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69739

    Sovereign immunity barred trip and fall claim against the state where it lacked insurance to cover the claim and therefore had not waived immunity.