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  • Cook v. J and V Trucking Co., Inc.

    Publication Date: 2021-04-21
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Leroy A. Tice, Charles H. Toliver, IV, Leroy A. Tice, Esquire, Wilmington, DE for plaintiffs.
    for defendant: Tiffany M. Shrenk, MacElree Harvey, Ltd., Centreville, DE; Amy M. Taylor, Heckler & Fabrizzio, Wilmington, DE for defendants.
    Case Number: D69367

    Plaintiff could not hold employer liable under respondeat superior for injuries inflicted by employee who started a physical altercation where employer had express policies against fighting or threating behavior, making employee's decision to start the altercation outside the scope of his employment.

  • Pope v. Astrazeneca AB

    Publication Date: 2021-04-21
    Practice Area: Personal Injury
    Industry: Pharmaceuticals
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE; Rebecca B. King, Tracey, Fox, King & Walters for plaintiffs.
    for defendant: Michael P. Kelly, James J. Freebery, Daniel J. Brown, Hayley J. Reese, McCarter & English, LLP, Wilming-ton, DE; Stephen D. Raber, Matthew D. Heins, Griffin R. Farha, Williams & Connolly LLP for defendants.
    Case Number: D69371

    The court granted defendants' motion to dismiss because plaintiff did not adequately plead his design de-fect or failure to warn claims, and his derivative negligence claims failed as well.

  • Chaverri v. Dole Food Co., Inc.

    Publication Date: 2021-03-10
    Practice Area: Personal Injury
    Industry: Agriculture | Chemicals and Materials
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Scott M. Hendler, Rebecca Webber, Hendler Flores, PLLC, Austin, TX; Andrew C. Dalton, Dalton and Associates, P.A., Wilmington, DE for appellants.
    for defendant: Andrea E. Neuman, Gibson Dunn & Crutcher LLP, New York, NY, William E. Thomson, Gibson Dunn & Crutcher LLP, Los Angeles, CA; Jennifer C. Wasson, Stephanie E. O’Byrne, Potter Anderson & Corroon LLP, Wilmington, DE; Boaz S. Morag, Cleary Gottlieb Steen & Hamilton LLP, New York, NY; James W. Semple, Cooch and Taylor, P.A., Wilmington, DE; Adam V. Orlacchio, Brandon W. McCune, Blank Rome LLP, Wilmington, DE; Michael L. Brem, Schirrmeister Diaz-Arrastia Brem LLP, Houston, TX; Ryan D. Stottman, Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Craig Stanfield, King & Spalding LLP, Houston, TX; Kelly E. Farnan, Richards Layton & Finger, P.A., Wilmington, DE; Timothy Jay Houseal, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; John C. Phillips, Jr., Phillips, Goldman & Spence, P.A., Wilmington, DE for appellees.
    Case Number: D69319

    Superior court did not abuse discretion in denying motion to vacate dismissal based on after-decided federal cases where differences between the federal first-filed rule and Delaware's first-filed rule meant the superior court could handle plaintiffs' second-filed action differently than it might be handled under the federal rule.

  • Murray v. Mason

    Publication Date: 2020-12-30
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Frederick S. Freibott,Dennis A. Mason, II, The Freibott Law Firm, Wilmington, DE for plaintiff.
    for defendant: Sarah B. Cole, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for defendant.
    Case Number: D69241

    The court dismissed plaintiff's negligence claims against a nonprofit animal shelter after she sustained inju-ries from a dog bite, but allowed plaintiff an opportunity to replead one of her claims.

  • Doe v. Aimbridge Hospitality, LLC

    Publication Date: 2020-10-07
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging | Travel and Tourism
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David A. Felice, Bailey Glasser LLP, Wilmington, DE for plaintiff.
    for defendant: Michael J. Logullo, Rawle & Henderson LLP, Wilmington, DE; Brandon J. Hechtman, Josefine Blick, Wicker, Smith, O’Hara, McCoy and Ford, P.A., Coral Gables, FL for defendant.
    Case Number: D69143

    Civil sexual assault suit dismissed on grounds of forum non conveniens where the alleged assaults took place in another country where neither the victim nor the alleged perpetrators were citizens or residents of Delaware, such that the state had little interest in the controversy.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Dominica v. The Greenery at Rodney Square, Inc.

    Publication Date: 2020-09-30
    Practice Area: Personal Injury
    Industry: Food and Beverage | Travel and Tourism
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Timothy A. Dillon, McCann & Wall, LLC, Wilmington, DE for plaintiff.
    for defendant: Colin M. Shalk, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Mary A. Jacobson, New Castle County Government Center, New Castle, DE for defendants.
    Case Number: D69135

    Although lessee generally owed no liability for slip and fall accident where lessor retained duty to maintain and repair walkways, where plaintiff's alleged accident occurred outside leased premises lessee could owe duty to warn invitees of dangers on adjacent property necessary for ingress/egress that are known to the leseee.

  • Dominica v. The Greenery at Rodney Square, Inc.

    Publication Date: 2020-07-08
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Timothy A. Dillon, McCann & Wall, LLC, Wilmington, DE for plaintiff.
    for defendant: Colin M. Shalk, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Mary A. Jacobson, New Castle County Government Center, New Castle, DE for defendants.
    Case Number: D69039

    County was entitled to immunity from slip-and-fall accident, pursuant to County and Municipal Tort Claims Act, where accident took place at a historic site used primarily for public outdoor recreation.

  • Ricketts v. Myers

    Publication Date: 2020-07-01
    Practice Area: Personal Injury
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Edward C. Gill of Law Office, Edward C. Gill, P.A., Georgetown, DE for plaintiff.
    for defendant: Shae Chasanov, Swartz Campbell LLC, Wilmington, DE for defendant.
    Case Number: D69035

    The objective evidence indicated that the parties entered into a binding settlement regarding injuries sustained by plaintiff in a motor vehicle accident.

  • 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.

  • Taylor v. George

    Publication Date: 2020-05-06
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hedrick, II, Bove & Hedrick, Wilmington, DE for plaintiff.
    for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for the state. Martin O’Connor, Dep’t of Justice, Wilmington, DE for defendants George and Christina School Dist.
    Case Number: D68973

    The law did not permit transfer of a civil action to an administrative agency, and the equal protection clause did not require transfer. Motion to transfer denied, but motion to amend granted.