• Payne v. Samsung Elec. Am., Inc.

    Publication Date: 2024-03-04
    Practice Area: Products Liability
    Industry: Electronics | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiff.
    for defendant: Donald M. Ransom, Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Christopher T. Logullo, Cobb & Logullo, Wilmington, DE for defendants.

    Case Number: N23C-03-193 FWW

    Court dismissed case where plaintiff was on inquiry notice that retaining or using product constituted agreement to binding arbitration with manufacturer, with the arbitration agreement delegating questions of arbitrability to the arbitrator.

  • Lucia v. Bridge Senior Living

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joshua J. Inkell, Daniel P. Hagelberg, Hudson, Castle & Inkell, LLC, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE; Francis J. Deasey, Matthew J. Junk, Deasey Mahoney & Valentini, Ltd., Philadelphia, PA for defendants.

    Case Number: N22C-08-118 DJB

    Healthcare power of attorney granting attorney-in-fact authority to contract for healthcare services on behalf of the principal was sufficient to confer authority for attorney-in-fact to sign arbitration agreement as part of principal's admission paperwork for skilled nursing facility.

  • RGIS Int'l Transition Holdco, LLC v. Retail Serv. WIS Co.

    Publication Date: 2024-02-26
    Practice Area: Mergers and Acquisitions
    Industry: Consulting | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Christopher P. Simon, David G. Holmes, Cross & Simon, LLC, Wilmington, DE; Jed M. Schwartz, Christopher Almon, Michael T. Frieda, Milbank LLP, New York, NY for plaintiffs.
    for defendant: Steven T. Margolin, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.

    Case Number: N21C-12-077

    Conspiracy and aiding and abetting fraud claims against corporate officers failed where there were no allegations that officers acted out of some personal motivation rather than in their officer roles, precluding an exception to the rule that a corporation cannot conspire with its officers.

  • Buck v. Viking Holding Mgmt. Co. LLC

    Publication Date: 2024-02-26
    Practice Area: Contractual Disputes
    Industry: Accounting | Consulting | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE; Lawrence P. Schaefer, Bert Black, Mack H. Reed, Timothy S. Christensen, Anne C. Bolgert, Schaeffer Halleeen, LLC, Minneapolis, MN for plaintiff.
    for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper, LLP, Wilmington, DE for defendant.

    Case Number: N20C-08-249 MAA CCLD

    Court denied parties' cross-motions for summary judgment where finding cause for termination was a condition precedent to employer's option to repurchase employee's equity at original cost and where there were genuine issues of material fact as to whether cause existed.

  • Mid-Sussex Rescue Squad v. Hearne

    Publication Date: 2024-02-26
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Kimberly A. Harrison, Tybout, Redfearn & Pell, Wilmington, DE for appellant.
    for defendant: Ross C. Karsnitz, Morris James, LLP, Georgetown, DE for appellee.

    Case Number: S23A-06-002 RHR

    Industrial Accident Board correctly calculated divisor for determining average weekly wage by excluding a claimant's paid time off taken during weeks that they worked, as workers' compensation laws required exclusion of benefit time, including sick and vacation leave, from the calculation of a claimant's AWW.

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  • Alexion Pharm., Inc. v. Endurance Assurance Corp.

    Publication Date: 2024-02-26
    Practice Area: Insurance Law
    Industry: Insurance | Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel M. Silver, Benjamin A. Smith, McCarter & English, LLP, Wilmington, DE; Robin L. Cohen, Cynthia M. Jordano, David J. Matulewicz-Crowley, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for plaintiff.
    for defendant: Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE; Jeanette L. Dixon, Manning & Kass, Ellrod, Ramriez, Trester LLP, New York, NY; John C. Phillips, Jr., David A. Bilson, Phillips McLaughlin & Hall, Wilmington, DE; James Sandnes, Sarah F. Voytryas, Skarzynski Marick & Black, LLP, New York, NY; Bruce W. McCullough, Bodel Bové, LLC, Wilmington, DE; Ronald P. Schiller, Thomas N. Brown, Daniel J. Layden, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA; R. Grant Dick, Cooch and Taylor, P.A., Wilmington, DE; Courtney E. Scott, Tressler LLP, New York, NY for defendants.

    Case Number: N22C-10-340

    Court found that coverage exclusion in defendants' insurance tower for insured's securities action was not triggered where prior SEC subpoena was, at best, tangentially related to the action as the subpoena and the action focused on two different types of alleged improper conduct.

  • Guzman-Rosario v. Charlie's Waste Serv., LLC

    Publication Date: 2024-02-19
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gilbert F. Shelsby, James J. Meehan, Shelsby & Leoni, Wilmington, DE for plaintiff.
    for defendant: Timothy J. Wilson, Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.

    Case Number: N22C-01-113 CEB

    Court granted protective order for insurance investigator's report where plaintiff failed to establish substantial need for the report or waiver based on the disclosure of photographs that were only an ancillary part of the report.

  • Testa-Carr v. Sallie Mae

    Publication Date: 2024-02-19
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for appellant.
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.

    Case Number: N23A-04-004 CEB

    Volunteer work performed on behalf of employer did not fall within course and scope of employment where employer derived no substantial benefit as employees were not required to volunteer nor promote employer during their volunteer work.

  • Larian v. Momentus Inc.

    Publication Date: 2024-02-12
    Practice Area: Contracts
    Industry: Aerospace | Investments and Investment Advisory | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Dominick T. Gattuso, Elizabeth A. DeFelice, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Jonathan K. Cooperman, Kelly Drye & Warren LLP, New York, NY for plaintiff.
    for defendant: Joseph L. Christensen, Christensen & Dougherty LLP, Wilmington, DE; Perrie M. Weiner, Baker & McKenzie, LLP, Los Angeles, CA; Peter P. Tomczak, Michael D. Lehrman, Baker & McKenzie LLP, Chicago, IL for defendant.

    Case Number: N22C-07-133 EMD CCLD

    Court declined to resolve breach of contract claim on summary judgment where parties had material factual disputes over the contractual conditions precedent to payment.

  • CFGI, LLC v. Common C Holdings LP

    Publication Date: 2024-02-12
    Practice Area: Contracts
    Industry: Financial Services and Banking | Consulting | Consumer Products
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John P. DiTomo, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for plaintiff.
    for defendant: R. Bruce McNew, R. Grant Dick IV, Andrew A. Ralli, Cooch and Taylor P.A., Wilmington, DE for defendants.

    Case Number: N23C-03-032 MAA CCLD

    Amendment to contract purporting to "accelerate" past due payments lacked consideration where defendant was already making payments.