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  • Taylor v. State of Delaware

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Elizabeth R. McFarlan, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, Law Office of Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D69549

    The trial court erred in refusing to grant defendant's motion to suppress because a search warrant lacked particularity, and allowing the state to introduce information gleaned from defendant's smartphone into evidence was not harmless error.

  • Country Life Homes, LLC v. Gellert Scali Busenkell & Brown, LLC

    Publication Date: 2021-09-01
    Practice Area: Legal Malpractice
    Industry: Financial Services and Banking | Legal Services | Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for appellants.
    for defendant: Carol A. Vanderwoude, Marshall Dennehey Warner Coleman & Goggin, P.C., Philadelphia, PA, Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellee.
    Case Number: D69520

    Former clients sufficiently pled legal malpractice cause of action by alleging that legal counsel negligently advised clients to pursue litigation strategy that had no merit, resulting in clients incurring unnecessary litigation expense.

  • White v. State of Delaware

    Publication Date: 2021-08-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: John S. Malik, Wilmington, DE for defendant.
    for defendant: Matthew C. Bloom, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D69517

    The trial court did not abuse its discretion in admitting text message evidence, and the prosecutor's remarks during rebuttal summation were not improper.

  • In re: Hurley

    Publication Date: 2021-08-11
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Joseph A. Hurley, Wilmington, DE, on his own behalf.
    for defendant: Ryan T. Costa,Delaware Dep’t of Justice, Wilmington, DE for the Superior Court.
    Case Number: D69499

    The trial court did not abuse its discretion in finding that an attorney's statements to the press violated a gag order, because there was a substantial likelihood that the comments would cause material prejudice.

  • Coster v. UIP Co., Inc.

    Publication Date: 2021-07-21
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Wilmington, DE; Michael K. Ross, Thomas Shakow, Serine Consolino, Sean Roberts, Aegis Law Group LLP, Washington, DC for plaintiff.
    for defendant: Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC for defendants.
    Case Number: D69471

    Chancery court erred in ruling that stock sale to break shareholder deadlock and avoid shareholder's action for appointment of a custodian for the company was permissible if the stock was sold at a fair price, as the company and its board and other shareholder were obligated to demonstrate a compelling justification for conducting the sale.

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    Delaware County Court Rules 2024

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  • Concerned Citizens of the Estates of Fairway Vill. v. Fairway Cap, LLC

    Publication Date: 2021-07-14
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellants.
    for defendant: Jeffrey M. Weiner, Law Offices of Jeffery M. Weiner, P.A., Wilmington, DE; Timothy Jay Houseal, William E. Gamgort, Young Conaway Stargatt & Taylor, LLP for appellees.
    Case Number: D69463

    Defendant's failure to move to lift preliminary injunction after co-plaintiff withdrew the security bond and the remaining plaintiff failed to post a replacement bond barred defendant from recovering wrongful injunction damages.

  • Purnell v. State

    Publication Date: 2021-06-30
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE; Tiffani D. Hurst, Hurst Legal Services, Phila-delphia, PA for defendant.
    for defendant: Carolyn S. Hake, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D69450

    Defendant presented an extraordinary case that he was entitled to relief on his untimely and successive post-conviction relief motion due to his trial attorney's conflict of interest.

  • State of Delaware, Dep't of Fin. v. AT&T Inc.

    Publication Date: 2021-06-16
    Practice Area: Administrative Law
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
    for defendant: Brian M. Rostocki, Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Sara A. Lima, Reed Smith LLP, Philadelphia, PA for defendant.
    Case Number: D69437

    Where defendant made a particularized showing regarding an improper purpose in connection with an agency's issuance of a governmental subpoena, the court was entitled to request further submissions before deciding the matter.

  • Houston v. State

    Publication Date: 2021-06-09
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for the state.
    Case Number: D69424

    Motion to suppress was properly denied where police had not completed a background check or issued a citation before defendant fled from the scene, resulting in his arrest and inventory search of his vehicle that recovered drugs.

  • GXP Capital, LLC v. Argonaut Mfg. Serv., Inc.

    Publication Date: 2021-06-02
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: David L. Finger, Finger & Slanina, LLC, Wilmington, DE for plaintiff.
    for defendant: John L. Reed, Peter H, Kyle, DLA Piper LLP (US), Wilmington, DE; Brian A. Foster, Julie Gryce, DLA Piper LLP (US), San Diego, CA for defendants.
    Case Number: D69418

    The Delaware Supreme Court concluded that the lower court did not abuse its discretion in staying this ac-tion to permit plaintiff to file an action in a more convenient forum.