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1,473 results for '* court:"Delaware Superior Court"' You can use Search Constraints to get even better search results
Publication Date: 2023-11-06
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC., Dover, DE for plaintiff.
for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmentraut & Klein, P.A., Wilmington, DE for defendant.
Case Number: K22C-03-017 JJC
The court applied the "sham affidavit doctrine," finding that plaintiff's expert's affidavit submitted with its opposition to defendant's motion for summary judgment contradicted the expert's prior deposition testimony and was submitted for the sole purpose of defeating an otherwise appropriate summary judgment motion and that no adequate explanation of the contradiction was provided.
Publication Date: 2023-11-06
Practice Area: Consumer Protection
Industry: Hospitality and Lodging | State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Dover, DE for petitioner.
for defendant: Owen P. Lefkon, Ryan T. Costa, Deputy Attorneys General, State of Delaware Department of Justice Wilmington, DE for respondent.
Case Number: S23M-06-018-CAK
Consumer Protection Unit had statutory authority to issue subpoenas to affiliate of manufactured home community owners where it was not exclusively bound to make civil investigative demands under the Consumer Fraud Act, and the subpoenas were sufficiently tailored to the scope of an investigation into the safety of the community residents.
Publication Date: 2023-10-30
Practice Area: Labor Law
Industry: Distribution and Wholesale | Food and Beverage
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A, Wilmington, DE for plaintiff.
for defendant: John A. Sensing, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
Case Number: N23C-03-047 SKR CCLD
Court lacked personal jurisdiction over former employee in non-compete breach action where forum selection clause was expressly limited to jurisdiction in the chancery court, rather than any state or federal court sitting in and for Delaware.
Publication Date: 2023-10-30
Practice Area: Land Use and Planning
Industry: Energy | Non-Profit | State and Local Government
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Richard L. Abbot, Abbot Law Firm, Hockessin, DE for plaintiffs.
for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Richard A. Forsten, Wendie C. Stabler, James D. Taylor, Jr., Saul Ewing LLP, Wilmington, DE for defendants.
Case Number: N23C-03-196 VLM
Although plaintiffs failed to seek timely certiorari review of conditional use permit approval, transfer of the case from the chancery court after it concluded that it lacked subject matter jurisdiction because plaintiffs had an adequate remedy at law permitted the court to exercise its discretion to hear the case.
Publication Date: 2023-10-30
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for plaintiff.
for defendant: Scott G. Wilcox, Giordano, DelCollo, Werb & Gagne, LLC, Wilmington, DE for defendants.
Case Number: N23C-03-181 CEB
The court found that the complaint for certiorari regarding the denial of a conditional use permit was not untimely filed, the claim was not barred by plaintiff's failure to exhaust its administrative remedies, and the mayor and members of the town council were immune from suit in their individual capacity.
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Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2023-10-30
Practice Area: Labor Law
Industry: Food and Beverage | Manufacturing
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for appellant.
for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
Case Number: K23A-01-001 NEP
Although worker contracted COVID-19 in an area of the workplace where the risk of transmission was greater than the general risk attending employment, that increased risk was not linked to any peculiar or specific aspect of the worker's job and thus his COVID-19 did not qualify as an occupational disease.
Publication Date: 2023-10-23
Practice Area: Labor Law
Industry: Health Care | Non-Profit
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Jessica Lewis Welch, Doroshaw, Pasquale, Krawitz & Bhaya, Wilmington, DE for appellant.
for defendant: Keri L. Morris-Johnson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for appellee.
Case Number: N22A-11-003 FWW
Industrial Accident Board erred in failing to consider claimant's individual circumstances in determining whether claimant had exhausted reasonable conservative treatment and thus had made surgical treatment reasonable and necessary.
Publication Date: 2023-10-23
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: James Betts, Department of Justice, for the State of Delaware.
for defendant: James M. Stiller for defendant.
Case Number: 2211005299
A reasonable, articulable suspicion existed to conduct a DUI investigation when defendant purposefully popped his muffler as he drove raising the equipment violation to the level of impaired judgment. Defendant's motion to suppress denied.
Publication Date: 2023-10-23
Practice Area: Insurance Law
Industry: Energy | Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Travis S. Hunter, Alexandra M. Ewing, Srinivas M. Raju, Richards, Layton & Finger, P.A., Wilmington, DE; David P. Bender, Jr., Joseph G. Balice, Haynes and Boone LLP, Costa Mesa, CA; Benjamin L. Mesches, Haynes and Boone, LLP, Dallas, TX; Brian Singleterry, Haynes and Boone, LLP, Fort Worth, TX; Stephen E. Jenkins, Richard D. Heins, Ashby & Geddes, Wilmington, DE; Herber Beigel, Law Offices of Herbert Beigel, Tuscon, AZ for plaintiffs.
for defendant: Robert J. Katzenstein, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Leland H. Jones, Chiara Tondi Resta, Wiley Rein LLP, Washington, DC; John C. Phillips, Jr., David Bilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Michael P. Duffy, Scarlett M. Rajbanshi, Boston, MA; Erica J. Kerstein, Robinson & Cole LLP, New York, NY; Geoffrey W. Heineman, Ropers Majeski, P.C., New York, NY; Marc S. Casarino, Kennedys CMK LLP, Wilmington, DE; Sean P. Mahoney, Michael E. DiFebbo, Kennedys CMK LLP, Philadelphia, PA for defendants.
Case Number: N21C-01-260 EMD CCLD
Court denied entry of partial judgment on issue that the court entered summary judgment for plaintiffs, where plaintiffs would not be unduly prejudiced by the delay in being able to appeal and where partial judgment could lead to piecemeal litigation and appeals as the resolved issue was not a predicate issue for the rest of the case.
Publication Date: 2023-10-09
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
Case Number: N22M-02-006 EMD
Concluding that plaintiff did not have a present right to join the state pension plan, the court ruled that it could not issue a writ of mandamus. Moreover, the petition for a writ of mandamus to allow plaintiff to participate in the state pension plan was barred by the three-year statute of limitations as no claim as to a present right to mandamus was presented.
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