• Travelers Cas. & Surety Co. of Am. v. Blackbaud, Inc.

    Publication Date: 2024-04-08
    Practice Area: Insurance Law
    Industry: E-Commerce | Insurance | Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Miller
    Attorneys: For plaintiff: Wade A. Adams, Law Offices of Wade A. Adams, III, Newark, DE; Kenneth T. Levine, de Luca Levine LLC, East Norriton, PA; Lisa C. McLaughlin, Todd L. Goodman, Phillips, McLaughlin & Hall, P.A., Wilmington, DE for plaintiffs.
    for defendant: John P. DiTomo, Emily C. Friedman, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Sarah Fulton Hutchins, Parker Poe Adams & Bernstein LLP, Charlotte, NC; Corri A. Hopkins, Parker Poe Adams & Bernstein LLP, Raleigh, NC for defendant.

    Case Number: N22C-12-130 KMM

    Insurers' subrogation action failed where they failed to identify specific contractual provisions or common law duties of care that were breached by hosting company that suffered a data breach.

  • Irfan v. Unemployment Ins. Appeal Bd.

    Publication Date: 2024-04-08
    Practice Area: Labor Law
    Industry: Consulting
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Muhammad Irfan, Middleton, DE, pro se appellant
    for defendant: Matthew B. Frawley, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.

    Case Number: N23A-05-009 MMJ

    Claimant was ineligible for unemployment benefits where he was the sole owner of a business and his main priority was to secure new clients for the company.

  • Agahi v. Kelly

    Publication Date: 2024-04-01
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff:
    for defendant:

    Case Number: N23C-07-144 MAA CCLD

    Complaint seeking payment of settlement consideration was an action at law rather than a request for specific performance, meaning jurisdiction was proper in the superior court rather than the chancery court.

  • Trincia v. Dick's Sporting Goods

    Publication Date: 2024-03-26
    Practice Area: Labor Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Emily Laursen Raisis, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
    for defendant: Maria Paris Newill, Heckler & Frabizzio, Wilmington, DE for appellee.

    Case Number: N23A-03-006 MMJ

    Industrial Accident Board did not err in denying claimant's motion to strike portions of employer's expert's testimony based on newly obtained medical records where claimant knew about her prior medical records and thus employer was not at fault for the fact that claimant's expert did not possess those records to offer testimony.

  • McDaniel-Wesche v. Sun Behavioral Health

    Publication Date: 2024-03-18
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
    for defendant: Nicholas E. Bittner, Heckler & Frabizzio, Wilmington, DE for appellee.

    Case Number: S23A-03-002 CAK

    Industrial Accident Board properly denied claim of permanent impairment based on credibility determination, as claimant failed to seek prompt diagnostic testing or treatment following a work incident and did not disclose an intervening motor vehicle accident to her medical providers and evaluators, and employer's medical expert credibly testified as to the lack of permanent impairment.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Bowers v. Delaware Real Estate Comm'n

    Publication Date: 2024-03-11
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: William J. Rhodunda, Jr., Nicholas G. Kondraschow, Rhodunda, Williams & Kondraschow for appellant.
    for defendant: A. Zachary Naylor, Delaware Department of Justice for appellee.

    Case Number: N23A-04-002 PAW

    Court remanded revocation of real estate license where commission concededly deprived licensee of due process by denying him the opportunity to speak and prohibiting his counsel from reading his prepared statement, after allowing the state to provide statements and comments.

  • Trott v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Lugg
    Attorneys: For plaintiff: Michael Mongeluzzi, Joseph DeAngelo, Barrett DeAngelo, LLC, West Chester, PA; Linda Malkin, Kimmel Carter Roman Peltz & O’Neil, P.A., Wilmington, DE for plaintiff.
    for defendant: Joseph Drnec, Phillip Casale, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Bradley Goewert, Thomas Marcoz, Marshall Dennehey, P.C., Wilmington, DE for defendants.

    Case Number: N20C-09-182 SPL

    Although expert testimony established nurses' deviation from the applicable standards of care, they were entitled to summary judgment when plaintiff's experts could not opine with reasonable medical certainty that their deviation proximately caused plaintiff's injury.

  • Payne v. Samsung Elec. Am., Inc.

    Publication Date: 2024-03-04
    Practice Area: Products Liability
    Industry: Electronics | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiff.
    for defendant: Donald M. Ransom, Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Christopher T. Logullo, Cobb & Logullo, Wilmington, DE for defendants.

    Case Number: N23C-03-193 FWW

    Court dismissed case where plaintiff was on inquiry notice that retaining or using product constituted agreement to binding arbitration with manufacturer, with the arbitration agreement delegating questions of arbitrability to the arbitrator.

  • Lucia v. Bridge Senior Living

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joshua J. Inkell, Daniel P. Hagelberg, Hudson, Castle & Inkell, LLC, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE; Francis J. Deasey, Matthew J. Junk, Deasey Mahoney & Valentini, Ltd., Philadelphia, PA for defendants.

    Case Number: N22C-08-118 DJB

    Healthcare power of attorney granting attorney-in-fact authority to contract for healthcare services on behalf of the principal was sufficient to confer authority for attorney-in-fact to sign arbitration agreement as part of principal's admission paperwork for skilled nursing facility.

  • RGIS Int'l Transition Holdco, LLC v. Retail Serv. WIS Co.

    Publication Date: 2024-02-26
    Practice Area: Mergers and Acquisitions
    Industry: Consulting | Manufacturing | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Christopher P. Simon, David G. Holmes, Cross & Simon, LLC, Wilmington, DE; Jed M. Schwartz, Christopher Almon, Michael T. Frieda, Milbank LLP, New York, NY for plaintiffs.
    for defendant: Steven T. Margolin, Bryan T. Reed, Greenberg Traurig, LLP, Wilmington, DE for defendants.

    Case Number: N21C-12-077

    Conspiracy and aiding and abetting fraud claims against corporate officers failed where there were no allegations that officers acted out of some personal motivation rather than in their officer roles, precluding an exception to the rule that a corporation cannot conspire with its officers.