Filter This View

  • Craft v. Simpler

    Publication Date: 2022-11-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: James M. Stiller, Jr., Schwartz & Schwartz, Dover, DE for petitioner.
    for defendant: Bradley S. Eaby, Deputy Attorney General, Department of Justice, Dover, DE for respondent.
    Case Number: K20M-10-034 NEP

    DMV probable cause determination constituted a "conviction" for purposes of imposing a CDL suspension where a "conviction" did not necessarily require proof beyond a reasonable doubt and the intent behind license suspension was to ensure protection of the public rather than to impose criminal punishment.

  • Parson v. Blemle

    Publication Date: 2022-07-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Kelley M. Huff, Shelsby & Leoni for plaintiff.
    for defendant: Colleen D. Shields, Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC; Maria R. Granaudo Gesty, Daniel P. Martz, Burns White, LLC; James E. Drnec, Katherine J. Sullivan, Wharton Levin Ehrmantraut & Klein, P.A. for defendants.
    Case Number: D69884

    Court excluded statistical evidence regarding the rarity of a medical complication, where the record showed that defendant considered that complication in the differential diagnosis and did not exclude it simply due to the rarity of occurrence.

  • 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.

  • Fowler v. Perdue Farms, Inc.

    Publication Date: 2022-03-29
    Practice Area: Occupational Safety and Health
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, PA, Dover, DE for claimant below/appellant.
    for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for employer below/appellee.
    Case Number: D69761

    The court held that the Industrial Accident Board 1) improperly considered extrajudicial sources, 2) rejected unrebutted tes-timony of both experts and the claimant when it rejected claimant's claim that he contracted COVID-19 at his workplace, and 3) imposed a higher burden of proof on claimant than was appropriate.

  • Spine Care Delaware, LLC v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2022-03-22
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
    for defendant: Donald M. Ransom, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendant.
    Case Number: D69756

    Insurer lacked reasonable basis to impose multiple payment reductions for bills seeking compensation under PIP benefits where doing so meant provider was being compensated at a lower rate than its peers.

  • Law Journal Press | Digital Book

    Pennsylvania Commonwealth Court Rules 2024

    Authors:

    View this Book

    View more book results for the query "*"

  • Monzo v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2022-02-08
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Eric K. Monzo, Morris James LLP, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69708

    Motion to amend to add bad faith claim denied as futile where the parties had engaged in good faith litigation about the availability of coverage under the policy.

  • Imhof v. Delaware Bd. of Med. Licensure & Discipline

    Publication Date: 2022-02-08
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Bruce A. Rogers, Bruce A. Rogers, P.A., Georgetown, DE for appellant.
    for defendant: Kemba Lydia-Moore, Patricia A. Davis, Deputy Attorneys General, Department of Justice, Dover, DE for appellee.
    Case Number: D69707

    The court held that there was substantial evidence for the hearing officer who denied paramedic licensure to decide that appellant engaged in crimes related to the practice of medicine and that appellant engaged in deceitful conduct that tended to bring discredit to the profession.

  • Hammer v. Howard

    Publication Date: 2021-11-09
    Practice Area: Contracts
    Industry: Advertising | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Nancy Hammer, pro se appellant.
    for defendant: R. Eric Hacker, Morris James LLP, Wilmington, DE for appellees.
    Case Number: D69600

    The court held that plaintiff was barred from suing defendant, her former employer, a second time for unpaid sales commissions because res judicata applied where the parties in the first and second suit were in privity with each other and the cause of action in each suit arose out of the same transaction, i.e., payment of post-termination commissions according to the contractual agreements.

  • Delaware State Sportsmen's Ass'n v. Garvin

    Publication Date: 2020-12-02
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Francis G. X. Pileggi, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Jamie L. Inferrera, Eckert Seamens Cherin & Mellott, LLC, Pittsburgh, PA for plaintiffs.
    for defendant: Devera B. Scott, Deputy Attorney General, Department of Justice, Dover, DE; Kayli H. Spialter, Deputy Attorney General, Department of Justice, Wilmington, DE for defendants.
    Case Number: D69207

    State erred in issuing restrictions on permissible rifles for hunting where statutory law did not include such restrictions and the state failed to comply with the APA in issuing what constituted a de facto regulation.

  • Dufresne v. Camden-Wyoming Fire Co. Inc.

    Publication Date: 2020-05-20
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Gregory A. Morris, Ligouri & Morris for plaintiff.
    for defendant: Jonathan L. Parshall, Murphy & Landon for defendants.
    Case Number: D68983

    Volunteer fire company and its board members were immune from defamation liability under state law pursuant to tort claim act immunity, and under §1983 because the company and the board members did not qualify as state actors for §1983 liability since firefighting was not an exclusive state function and there was no entwinement between the company and the state.