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  • Guzman-Rosario v. Charlie's Waste Serv., LLC

    Publication Date: 2024-02-19
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gilbert F. Shelsby, James J. Meehan, Shelsby & Leoni, Wilmington, DE for plaintiff.
    for defendant: Timothy J. Wilson, Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.
    Case Number: N22C-01-113 CEB

    Court granted protective order for insurance investigator's report where plaintiff failed to establish substantial need for the report or waiver based on the disclosure of photographs that were only an ancillary part of the report.

  • Testa-Carr v. Sallie Mae

    Publication Date: 2024-02-19
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for appellant.
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
    Case Number: N23A-04-004 CEB

    Volunteer work performed on behalf of employer did not fall within course and scope of employment where employer derived no substantial benefit as employees were not required to volunteer nor promote employer during their volunteer work.

  • Ryle v. Outen

    Publication Date: 2024-01-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Alex Ryle, Smyrna, DE, plaintiff pro se
    for defendant: Robert Kleiner, Deputy Attorney General, Department of Justice, Wilmington, DE for defendant.
    Case Number: N23C-02-192 CEB

    Prison inmate's claim regarding the non-delivery of a USPS return receipt failed where there was no evidence that corrections officials had possession of the return receipt and they had assured the inmate they would deliver the return receipt once they received it from the USPS.

  • Boatright v. State Farm Ins. Co.

    Publication Date: 2023-12-11
    Practice Area: Discovery
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joel H. Fredricks, Gary S. Nitsche, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiffs.
    for defendant: Jospeh J. Bellew, Gordon Rees Scully Mansukhani, LLP Wilmington, DE for defendants.
    Case Number: N20C-11-022 CEB

    Court denied motion to compel production of insurance company file where plaintiffs failed to show a likelihood that the file contained discoverable information or prove that the apparent inadvertent commingling of documents between the file and an already-produced file waived any confidentiality in the first.

  • Middlecap Assoc., LLC, v. The Town of Middletown

    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.

  • 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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  • 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.

  • Bovell v. Harrison

    Publication Date: 2023-07-03
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiffs.
    for defendant: Steven F. Mones, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: N22C-04-205 CEB

    Res judicata barred motor vehicle accident claim when plaintiff chose to prosecute her property damage claim in the Justice of the Peace court, although her adult son's claims could proceed where he was not a named plaintiff in the JP court case and there was no evidence that he had consented to his mother's representation or was incapable of presenting his claims on his own or with counsel.

  • Washington v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-06-27
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lavern C. Washington, pro se appellant.
    for defendant: Victoria E. Groff, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: N22A-03-004 CEB

    Court affirmed unemployment benefits disqualification where evidence clearly showed claimant knowingly underreported income, as his claim that he was instructed to do so by DOL employees lacked credibility.

  • Consolidated, LLC v. GFP Cement Contractors, LLC

    Publication Date: 2023-05-30
    Practice Area: Contracts
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Kevin S. Mann, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiff.
    for defendant: Krista M. Reale, Tara D. McManamy, Margolis Edelstein, Wilmington, DE for defendant.
    Case Number: N22C-06-084 CEB

    Subcontractor had express contractual obligation to indemnify general contractor pursuant to the parties' contract after the subcontractor's subcontracted materials supplier damaged the site owner's property and the site owner obtained financial recovery from the general contractor.

  • Suter v. Taylor

    Publication Date: 2023-05-02
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for plaintiffs.
    for defendant: Sarah A. Fruehauf, Deputy Attorney General, Wilmington, DE for defendant.
    Case Number: N22C-06-092 CEB

    State was not required to prove reasonable efforts by Insurance Coverage Determination Committee before moving to dismiss trip and fall case on grounds of sovereign immunity.