• Jones v. Navient

    Publication Date: 2023-10-09
    Practice Area: Whistleblower Laws
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Lugg
    Attorneys: For plaintiff: Keith R. Jones, plaintiff pro se.
    for defendant: John M. Nolan III, Morgan D. Hollander, Jackson Lewis, P.C., Philadelphia, PA; Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE for defendant.

    Case Number: N21C-10-020 SPL

    Finding that plaintiff's minimal participation in pursuing the case "evidenced a pattern of dilatoriness" culminating in his failure to produce evidence in support of his claim, the court granted defendant's motion to dismiss for failure to prosecute despite noting that the court had a "strong policy in favor of deciding cases on the merits."

  • Genworth Fin., Inc. v. AIG Specialty Ins. Co.

    Publication Date: 2023-10-02
    Practice Area: Insurance Law
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Kenneth H. Frnechman, Michelle R. Migdon, Orrie A. Levy, Samantha Smith, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for plaintiffs.
    for defendant: Kurt M. Heyman, Aaron M. Nelson, Kelly E. Rowe, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE: Scott B. Schreiber, Arthur Luk, William C. Perdue, Samuel I. Ferenc, Matthew Bemis, Arnold & Porter Kay Scholer LLP, Washington, D.C.; John C. Phillips, David A. Biilson, Phillips McLaughlin & Hall, P.A., Wilmington, DE; Douglas M. Mangel, Michelle Beecy, Clyde & Co LLP, Washington, D.C.; Geoffrey W. Heineman, Jung H. Park, Ropers Majeski, PC, New York, NY; Robert J. Katzenstein, Julie M. O’Dell, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Matthew Beato, Jason Chronic, Jessica N. Gallinaro, Wiley Rein LLP, Washington, D.C.; Karen H. Ventrell, CNA Corporate Litigation, Washington, D.C.; Scott A. Schechter, Matthew Mawby, Kaufman Borgeest & Ryan LLP, Valhalla, NY; John G. Day, Bruce E. Jameson, Prickett, Jones & Elliott, P.A., Wilmington, DE; Alexis J. Rogoski, Edward C. Carleton, Skarzynski Marick & Black LLC, New York, NY; John L. Reed, DLA Piper (US), Wilmington, DE; Steven J. Brodie, Carlton Fields, P.A., Miami, FL; Charles W. Stotter, Carlton Fields, P.A., New York, NY for defendants.

    Case Number: N22C-05-057 EMD CCLD

    Claim reserves and underwriting exclusions to professional liability insurance policy did not apply to underlying lawsuits by long-term care insurance policyholders alleging misrepresentations in the marketing and sale arising from the failure to disclose planned or expected premium increases.

  • Mortgage Connect Document Solutions, LLC v. Green Indus. Dev. Group, LLC

    Publication Date: 2023-09-25
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Andrew D. Cordo, Kaitlin E. Maloney, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for plaintiff.
    for defendant: Katherine L. Mowery, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Mark T. Josephs, Brian H. Oates, Matt M. Johnson, Jackson Walker, LLP, Dallas, TX for defendant.

    Case Number: N23C-01-178 MAA CCLD

    Court denied landlord summary judgment on tenant's breach of lease agreement where the lease obligated the parties to continue with a revise-or-consent procedure to resolve improvement costs over the tenant allowance, and there was evidence that the tenant was continuing with the procedure until the landlord refused to proceed with revisions and terminated the lease.

  • State v. Elder

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.

    Case Number: # 1512017983

    Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2023-09-18
    Practice Area: Employment Litigation
    Industry: Health Care | Legal Services
    Court: Delaware Superior Court
    Judge: District Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.

    Case Number: N20C-08-186 FWW

    Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.

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  • In re COVID-Related Restrictions on Religious Serv.

    Publication Date: 2023-09-11
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Scott D. Cousins, Cousins Law LLC, Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney at Law, Wilmington, DE for plaintiffs.
    for defendant: Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.

    Case Number: N23C-01-123 MAA

    Plaintiffs' lawsuit challenging past COVID-19-related restrictions on houses of worship was dismissed where governor was entitled to qualified immunity as it was unclear at the time the restrictions were implemented that such restrictions were unconstitutional and where the lawsuit was not justiciable since there was no longer an active case or controversy.

  • Data Logger Solutions, LLC v. Digi Smartsense, LLC

    Publication Date: 2023-09-04
    Practice Area: Contracts
    Industry: Manufacturing | Retail | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Krista M. Reale, Margolis Edelstein, Wilmington, DE; Herbert W. Mondros, Rigrodsky Law, P.A. Wilmington, DE for plaintiff.
    for defendant: K. Tyler O’Connell, Barnaby Grzaslewicz, Samuel E. Bashman, Morris James LLP, Wilmington, DE; Eric C. Liebeler, Kevin Kitchen, Connor Shaull, Stinson LLP, Minneapolis, MN for defendants.

    Case Number: N20C-10-121-EMD

    Concluding that the facts alleged for the breach of contract claim in the original complaint were similar to those pled in the claim for tortious interference in the amended complaint, the court denied defendant's motion to dismiss finding that defendant was provided sufficient notice of the tortious interference claim to relate back to the original complaint.

  • Bright Data, Inc. v. Meta Platforms, Inc.

    Publication Date: 2023-09-04
    Practice Area: Contractual Disputes
    Industry: E-Commerce | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: David Wilks, D. Charles Vavala III, Wilks Law LLC, Wilmington, DE for plaintiffs.
    for defendant: Karen Jacobs, Alexandra Cumings, Stephanie Rudolph, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendants.

    Case Number: N23C-01-229 SKR CCLD

    The court granted defendant's motion to stay Delaware proceedings in deference to an earlier-filed pending case in federal district court in California finding that the parties and issues presented were substantially identical, the California court could provide prompt and complete justice, and allowing the California and Delaware actions to proceed simultaneously would risk waste of judicial resources and inconsistent resolution of the issues.

  • Morra v. 700 Marvel Rd. Operations, LLC

    Publication Date: 2023-09-04
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
    for defendant: Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney, P.C., Wilmington, DE for defendants.

    Case Number: N22C-03-213 CEB

    PREP Act immunity did not apply to complaint alleging ordinary negligence by a nursing home in failing to take steps to prevent the spread of COVID-19 to residents.

  • Beautycon Media ABC Trust v. New General Market Partners, LLC

    Publication Date: 2023-08-28
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Counsel: Kevin M. Capuzzi, Benesch, Friedlander, Coplan & Aronoff, LLP, Wilmington, DE for plaintiff.
    for defendant: Paul D. Brown, Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; F. Maximilian Czernin, Peter R. Morrison, Squire Patton Boggs, LLP, Cincinnati, OH for defendant.

    Case Number: N22C-12-143 MAA CCLD

    Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within