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  • Hudson v. Beebe Med. Ctr.

    Publication Date: 2024-01-15
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
    for defendant: Keri L. Morris-Johnston, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: S23A-10-002 NEP

    Industrial Accident Board did not err in denying workers' compensation claim for COVID-19 where it weighed the evidence to determine that it was more likely that worker was infected outside of work rather than at work.

  • Reylek v. Albence

    Publication Date: 2024-01-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, petitioner pro se.
    for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for respondent.
    Case Number: K22M-07-010 NEP

    Registered voter lacked a private cause of action to seek declaratory judgment to challenge certification of electronic voting machines where statutes were tailored to preserving a free and fair election system to and regulate the acquisition of machines.

  • Fowler v. Perdue Farms, Inc.

    Publication Date: 2023-10-30
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for appellant.
    for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: K23A-01-001 NEP

    Although worker contracted COVID-19 in an area of the workplace where the risk of transmission was greater than the general risk attending employment, that increased risk was not linked to any peculiar or specific aspect of the worker's job and thus his COVID-19 did not qualify as an occupational disease.

  • Reylek v. Albence

    Publication Date: 2023-08-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, pro se petitioner.
    for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for Respondent.
    Case Number: K22M-07-010 NEP

    The court dismissed petitioner's request for a writ of mandamus to compel state officials to only employ valid and legally certified voting system/machines but deferred ruling on whether an actual controversy existed to support a declaratory judgment.

  • Santo v. Genesis Healthcare, Inc.

    Publication Date: 2023-05-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
    for defendant: Geoffrey G. Grivner, Kody M. Sparks, Andrew G. Hope, Buchanan, Ingersoll & Rooney, P.C., Wilmington, DE; Joshua T. Calo, Buchanan, Ingersoll & Roonery, P.C., Pittsburgh, PA for defendant.
    Case Number: K22C-07-014 NEP

    Nursing home was not entitled to PREP Act immunity for resident's death from COVID-19 where complaint alleged ordinary acts of negligence that led to the resident's death and did not necessarily implicate the administration or use of "covered countermeasures" as a cause of or contributing factor to the resident's death.

  • 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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  • Soares v. Cont'l Motors, Inc.

    Publication Date: 2023-05-16
    Practice Area: Products Liability
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Philip T. Edwards, Murphy & Landon, Wilmington, DE; Ricardo M. Martinez-Cid, Lea P. Bucciero, Podhurst Orseck, P.A., Miami, FL for plaintiff.
    for defendant: Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE; John S. Bagby, Jr., Bagby & Associates, LLC, Paoli, PA for defendants.
    Case Number: K19C-12-028 NEP

    Court declined to dismiss spouse's noneconomic damages claim arising from fatal plane crash in Brazil where location of proof and unavailability of witnesses for compulsory process did not create an overwhelming hardship and the parties had already litigated the present case for over three years.

  • Fretz v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-12-20
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Fretz, pro se appellant
    for defendant: Dover, DE. Michael G. Rushe, Hudson, Jones, Jaywork & Fisher, LLC, Dover, DE; Victoria E. Groff, Department of Justice, Wilmington, DE for appellees.
    Case Number: K22A-05-003 NEP

    The court remanded a decision of the Unemployment Insurance Appeal Board denying appellant's unemployment benefits on the basis that he voluntarily left his position and therefore did not qualify for benefits under 19 Del. C. §3314(1).

  • Tolliver v. Qlarant Quality Solutions, Inc.

    Publication Date: 2022-12-06
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
    for defendant: Tiffany R. Hubbard, Pamela Moore, McCarter & English, LLP, Hartford, CT; Chelsea A. Botsch, McCarter & English, LLP, Wilmington, Delaware for defendants.
    Case Number: K21C-06-040 NEP

    The court found for defendant corporation in an employment litigation sounding in discrimination and defamation claims.

  • Revolution Rentals DE, LLC v. Pomerleau

    Publication Date: 2022-11-22
    Practice Area: Civil Procedure
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Catherine Di Lorenzo, Stern & Eisenberg Mid-Atlantic, PC, Newark, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendants.
    Case Number: K21C-08-007 NEP

    Failure to timely effect a transfer of an action from justice of the peace court to superior court required dismissal of the case with prejudice pursuant to the terms of the justice of the peace court's order.

  • Kirby v. The Kent County Bd. of Adjustment

    Publication Date: 2022-11-08
    Practice Area: Administrative Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: John W. Paradee, Stephen A. Spence, Brian V. Demott, Mackenzie M. Peet, Baird Mandalas Brockstedt, LLC, Dover, DE for appellant.
    for defendant: Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, Dover, DE; Craig T. Eliassen, Schmittinger & Rodriguez, P.A., Dover, DE for appellee.
    Case Number: K22A-02-003 NEP

    Court reversed the decision of the county's zoning board finding that their denial of an application to construct an "accessory cottage," was inconsistent with the plain and unambiguous meaning of the zoning code. Although the zoning board argued that the application should be denied because it would require the construction of a new building rather than an addition to an already existing outbuilding, the court noted that this was inconsistent with the code which made no mention of whether an outbuilding could be constructed to qualif