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Publication Date: 2024-01-22
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Griffiths
Attorneys: For plaintiff: Raymond D. Armstrong, Office of Defense Services, Wilmington, DE for appellant.
for defendant: Brian L. Arban, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 303, 2022
Court upheld the introduction of expert testimony regarding probabilistic genotyping analysis where the testing had undergone validation studies and peer review and enjoyed general acceptance by the scientific community and many other courts.
Publication Date: 2024-01-22
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Andrew Hatchett, Tiffany Powers, Alston & Bird LLP, Atlanta, GA for appellants.
for defendant: John S. Spadaro, John Sheehan Spadaro, LLC, Wilmington, DE; Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, Wilmington, DE for appellee.
Case Number: 27, 2023D
Trial court erred in concluding that medical provider had standing to challenge lawfulness of insurer's old billing codes under the workers' compensation law, where the insurer had switched to a new billing code system prior to, and independent of, the provider's lawsuit and any prospective declaratory relief would not redress the claimed injury.
Publication Date: 2024-01-15
Practice Area: Damages
Industry: Construction | Hospitality and Lodging | Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Matthew J. Rifino, Kate R. Buck, Shannon D. Humiston, McCarter & English, LLP, Wilmington, DE for appellants.
for defendant: Colin M. Shalk, Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for appellee.
Case Number: 94, 2023
Trial court properly granted remittitur where jury verdict including inflated repair costs was based on testimony from witnesses unqualified to testify about inflation and increased expenses.
Publication Date: 2024-01-15
Practice Area: Criminal Appeals
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Nicole M. Walker, Santino Ceccotti, Office of the Public Defender, Wilmington, DE for appellant.
for defendant: Kathryn J. Garrison, Department of Justice, Wilmington, DE for appellee.
Case Number: 364, 2022
Defendant was not entitled to lesser-included offense instruction where there was no set of facts that would permit acquittal on the charged offense but could support conviction on a lesser-included offense.
Publication Date: 2024-01-01
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Samuel L. Closic, Eric J. Juray, Prickett, Jones & Elliott, P.A., Wilmington, DE; Gregory V. Varallo, Andrew Blumberg, Bernstein Litowitz Berger & Grossman LLP, Wilmington, DE for appellants.
for defendant: Stephen C. Norman, Jennifer C. Wasson, Tyler J. Leavengood, Christopher D. Renaud, Potter Anderson & Corroon LLP, Wilmington, DE; Michael S. Doluisio, Brittany Zoll, Christopher J. Merken, Dechert LLP, Philadelphia, PA; Matthew L. Larrabee, Hayoung Park, Julia Markham-Cameron, Dechert LLP, New York, NY; Michael D. Blanchard, Amelia Pennington, Morgan, Lewis & Bockius, LLP, Boston, MA for appellees.
Case Number: 22, 2023
Chancery court erred in adopting West Virginia court's factual findings through judicial notice where such facts were disputed by the parties to the present action.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-12-18
Practice Area: Labor Law
Industry: Legal Services
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Brandon R. Herling, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for appellant.
for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
Case Number: 47, 2023
Treating physician's causation opinion, though not based on objective medical records, was not improperly speculative where the physician would be familiar with the potential complications of claimant's surgery and could conclude that her subsequent neck pain was a consequence of surgery to repair a work injury to her shoulder.
Publication Date: 2023-11-20
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Nicole M. Walker, Office of the Public Defender, Wilmington, DE for appellant.
for defendant: Matthew C. Bloom, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 2111004614(N)
Increasing sentence from suspended fine to term of incarceration did not violate double jeopardy where defendant lacked a reasonable expectation of finality in a larger sentencing plan and where the state's time to appeal the sentence had not yet elapsed.
Publication Date: 2023-11-20
Practice Area: Legal Malpractice
Industry: Legal Services
Court: Delaware Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff: David A. White, Chief Disciplinary Counsel, Kathleen M. Vavala, Deputy Disciplinary Counsel, Office of Disciplinary Counsel, Wilmington, DE for petitioner.
for defendant: Richard L. Abbott, Hockessin, DE, respondent pro se.
Case Number: 112512-B
Court ordered attorney's disbarment for intentionally advising client on strategy that abused the legal process so that the client could avoid compliance with his settlement obligations and the trial court's orders.
Publication Date: 2023-11-13
Practice Area: Mergers and Acquisitions
Industry: Energy | Investments and Investment Advisory
Court: Delaware Supreme Court
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer, David M. Sborz, Andrew J. Peach, Jackson E. Warren, Andrews & Springer LLC, Wilmington, DE; Joshua Fruchter, Wohl & Fruchter LLP, Monsey, NY for plaintiffs.
for defendant: Tammy L. Mercer, James M. Yoch, Jr., Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Craig Zieminski, Andy Jackson, Jeremy Gonzales, Vinson & Elkins, LLP, Dallas, TX for defendants.
Case Number: 2022-0248-MTZ
Court declined to award a substantial success fee to stockholders who obtained supplemental disclosures to merger proxy where the disclosures did not remove an impediment to the stockholders' vote, but the disclosures provided a meaningful corporate benefit by informing stockholders about the transaction committee's affiliations with a controlling stockholder sitting on both sides of the merger transaction.
Publication Date: 2023-11-06
Practice Area: Family Law
Industry:
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: George R. Tsakataras, The Law Office of George R. Tsakataras, P.A., Wilmington, DE for appellant.
for defendant: Michelle R. Skoranski, State of Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: 449, 2022
Trial court did not violate parent's due process rights by failing to consider relative's guardianship petition prior to terminating parental rights where the permanency goal had already changed to adoption.
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