• In re: Asbestos Litig.

    Publication Date: 2023-06-06
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Michael Collins Smith, Balick & Balick, LLC, Wilmington, DE for plaintiff.
    for defendant: Brian D. Tome, Reilly, McDevitt & Henrich, P.C., Wilmington, DE, attorney for defendant.

    Case Number: N19C-01-100 ASB

    Manufacturer of machinery expressly designed to work on asbestos-containing products could have liability in asbestos litigation since use of the product would inevitably create hazardous asbestos dust, imposing a duty to warn upon the manufacturer.

  • Baco Holdings, Inc. v. Arria Data2Text, Ltd.

    Publication Date: 2023-03-14
    Practice Area: Contractual Disputes
    Industry: E-Commerce | Software
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Andrew Silverman, MacElree Harvey Ltd., Centreville, DE for plaintiff.
    for defendant: Scott Czerwonka, Wilks Law Firm, LLC Wilmington, DE for defendant.

    Case Number: N22C-08-445 FJJ

    The court denied a motion to dismiss a contractual dispute claim that involved a defendant corporation incorporated in Scotland.

  • Church v. Harmon

    Publication Date: 2023-03-14
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: David E. Matlusky, The Matlusky Firm, Wilmington, DE for plaintiff.
    for defendant: Evan Rassman, Emily Letcher, Cohen Seglias, Palias, Greenhall & Furman, P.C., for defendants.

    Case Number: N22C-08-453 FJJ

    The court denied a motion to dismiss a claim for waste on the grounds that plaintiff's claims sufficiently laid out a claim for waste on the grounds that plaintiff sufficiently pled that a mortgage encumbered a property that he had a certain future interest in and therefore his claims fell squarely within the jurisdiction of the superior court.

  • Medlink Health Solutions, LLC v. JL Kaya, Inc.

    Publication Date: 2023-02-21
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Legal Services | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Aman Kaushik Sharma, The Sharma Law Firm, LLC, Wilmington, DE for plaintiffs.
    for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Ari S. Casper, Ralph S. Tyler, The Casper Firm, LLC, Baltimore, MD for defendants.

    Case Number: N22C-09-799 FJJ

    Court could exercise personal jurisdiction over parties who had been afforded certain rights and benefits under a settlement agreement, even though they were not signatories to the settlement.

  • The State of Delaware v. Melpar, LLC

    Publication Date: 2023-01-10
    Practice Area: Fee Disputes
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Bradley Eaby, Deputy Attorney General, Department of Justice, Wilmington, DE for petitioner.
    for defendant: Richard L. Abbott, Abbot Law Firm, Hockessin, DE for defendant.

    Case Number: S21C-03-017 FJJ

    The court granted a motion for attorney fees in part and denied in part finding that defendant LLC was owed fees following a condemnation trial where the court's valuation of the property was higher than that initially offered by the State.

  • 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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  • McLaughlin v. C&D Contractors

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Linda Wilson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellant.
    for defendant: David Crumplar, Jacobs & Crumplar, Wilmington, DE for appellee.

    Case Number: N22A-04-002- FJJ

    Date of diagnosis of an occupational disease, rather than the date of last exposure to the cause of the disease, was the relevant date for determining a worker's average weekly wage and the controlling maximum weekly benefit.

  • State v. Carter

    Publication Date: 2022-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Daniel McBride, Deputy Attorney General, Office of the Attorney General, Wilmington, DE for plaintiff.
    for defendant: Elise Wolpert, Office of Eugene I. Maurer, Jr., P.A. Wilmington, DE for defendant.

    Case Number: D69831

    Second warrant, which cured overbroad defects from a prior warrant, was permissible under the independent source doctrine where no evidence directly or indirectly obtained from the improper first warrant was used to apply for the second warrant.

  • Kaur v. Boston Scientific Corp.

    Publication Date: 2022-05-24
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Robert J. Leoni, Shelby & Leoni, Wilmington, DE for plaintiffs.
    for defendant: Colleen D. Shields, Eckert, Seamans, Cherin & Mellott LLC, Wilmington, DE for defendant.

    Case Number: D69829

    Court excluded expert testimony to the extent it opined about corporate defendant's state of mind or the reasonableness of its actions or attempted to offer a legal conclusion, since such testimony would usurp the fact-finding province of the jury.

  • Mullin v. Ascetta

    Publication Date: 2021-12-14
    Practice Area: Real Estate
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for plaintiffs.
    for defendant: Steven Schwartz, Schwartz & Schwartz, P.A., Wilmington, DE for defendants.

    Case Number: D69644

    Court awarded court costs and partial legal fees to homebuyers who partially prevailed in suit alleging sellers failed to disclose defects in residential property.

  • State v. Thomas

    Publication Date: 2021-11-23
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Sean P. Lugg, Deputy Attorney General, Office of the Attorney General, Wilmington, DE, for the State.
    for defendant: Christopher Koyste, Bellefonte, DE for defendant.

    Case Number: D69616

    The court held that defendant was not entitled to post-conviction relief under Superior Court Criminal Rule 61 where certain perjured testimony by a supposed eyewitness did not prejudice defendant's conviction, where there was no prej-udicial prosecutorial misconduct and where the issue of a Brady violation was moot.