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  • Bradley v. Powell

    Publication Date: 2018-06-06
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Joseph W. Weik, Weik, Nitsche & Dougherty, Wilmington, DE, attorney for plaintiffs
    for defendant: Louis J. Rizzo, Jr., Reger Rizzo & Darnell, Wilmington, DE, attorney for defendant.
    Case Number: D68168

    Fireman's Rule did not preclude personal injury claim filed by police officer where jury could find defendant's conduct reckless or constituting an act independent for the reason defendant had called police, negating application of the rule to police officers.

  • Hurst v. Shalk

    Publication Date: 2018-05-30
    Practice Area: Civil Appeals | Civil Procedure | Personal Injury
    Industry: Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68159

    Driver's Privacy Protection Act claim correctly barred under claim and issue preclusion where previously dismissed by other courts on grounds that such claim failed where defendants obtained the driver's personal information directly from the driver.

  • Mondero v. Lewes Surgical & Med. Assoc, P.A.

    Publication Date: 2018-04-11
    Practice Area: Employment Litigation | Personal Injury
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Dean A. Campbell for plaintiffs
    for defendant: Gregory D. Stewart for defendants.
    Case Number: D68108

    A former employee was entitled to relief on her claim for breach of fiduciary duty because the employer did not allege an assignment of her incentive benefits, but her claim for interference with business relations was in-sufficient.

  • Aranda v. Philip Morris USA Inc.

    Publication Date: 2018-04-04
    Practice Area: Civil Procedure | Personal Injury
    Industry: Agriculture
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Ian Connor Bifferato, Richard S. Gebelein, and Thomas F. Driscoll, The Bifferato Firm, Wilmington, DE; Charles S. Siegel, Waters & Kraus, LLP, Dallas, TX; Stephen J. Phillips, Phillips & Paolicelli, New York, NY; the Thorton Law Firm, Boston, MA, attorneys for appellants
    for defendant: P. Clarkson Collins, Jr. and David J. Soldo, Morris James LLP, Wilmington, DE; Patrick W. Dennis and Perlette Michele Jura, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Miguel A. Estrada and Amir C. Tayrani, Gibson, Dunn & Crutcher LLP, Washington, DC; Donald E. Reid, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Matthew S. Hellman, Jenner & Block LLP, Washington, DC; Elizabeth A. Coleman and Casey T. Grabenstein, Jenner & Block LLP, Chicago, IL, attorneys for appellees.
    Case Number: D68094

    Availability of alternative forum not a condition of dismissal on forum non conveniens grounds, as analysis focused solely on defendants hardship in litigating in Delaware.

  • Laine v. Speedway, LLC

    Publication Date: 2018-01-24
    Practice Area: Personal Injury | Premises Liability
    Industry: Energy | Retail
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Nicholas H. Rodriguez for plaintiff
    for defendant: Jessica L. Tyler and Sarah B. Cole for defendant.
    Case Number: D68020

    Defendant was not liable to plaintiff who slipped and fell on ice while freezing rain was falling, because the continuing storm doctrine allowed defendant a reasonable time after the storm concluded to remove any ice.

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    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Griffith v. Energy Independence

    Publication Date: 2018-01-10
    Practice Area: Contracts | Personal Injury
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Robert C. Collins, Schwartz & Schwartz, Dover, DE; Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Patrick M. McGrory and Jason J. Cummings, Tighe & Cottrell, P.A., Wilmington, DE, attorneys for defendants.
    Case Number: D67999

    Plaintiff could assert claim for negligence arising from defendants performance of the parties contract, and was statutorily authorized to bring claim for negligent construction or renovation of residential property.

  • Barth v. Blue Diamond

    Publication Date: 2017-12-13
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Bartholomew J. Dalton and Laura J. Simon, Dalton & Associates; Larry E. Coben and Gregory S. Spizer, Anapol Weiss, attorneys for plaintiff
    for defendant: Michael J. Logullo, Rawle & Henderson LLP; George T. Lees III, Logan & Petrone, LLC, attorneys for defendants.
    Case Number: D67966

    Implied primary assumption of risk did not insulate alleged tortfeasor from liability for recklessness, since duty to protect from harm inherent in dangerous activity, eliminated by the primary assumption of risk, was distinct from duty not to increase risk of harm through intentional or reckless conduct.

  • Welenc v. The Univ. of Delaware

    Publication Date: 2017-12-06
    Practice Area: Contractual Disputes | Education Law | Personal Injury
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: NA
    for defendant: William E. Manning and Gerard M. Clodomir for defendant.
    Case Number: D67964

    Where a plaintiff had actual notice of allegedly incorrect information in his school record, his claims for breach of contract and defamation were time-barred.

  • Wilmot v. Marriott Hurghada Management, Inc.

    Publication Date: 2017-10-25
    Practice Area: Civil Procedure | Personal Injury | Premises Liability
    Industry: Hospitality and Lodging
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67917

    Delaware was not a convenient forum for the adjudication of a personal injury claim that arose in Egypt, where the plaintiff was a citizen of the United Kingdom and an adequate alternative forum for adjudication existed in Egypt as well as in the United Kingdom. Affirmed.

  • Amalfitano v. Cocolin, DEFAX Case No. D67818 (Del. Super. July 18, 2017), Rocanelli, J. (27 pages).

    Publication Date: 2017-08-02
    Practice Area: Wrongful Death | Personal Injury | Motor Vehicle Torts | Damages
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge:
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67818

    Claim against the state police and the officer who pursued a vehicle at high speed was not barred by sovereign immunity, and the factual question existed as to whether the officer's conduct was a pr