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  • State of Delaware v. Ray

    Publication Date: 2021-06-02
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Matthew C. Bloom, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Benjamin S. Gifford IV, The Law Office of Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D69421

    The court denied defendant's motions for post-conviction relief because some of the matters had already been decided on direct appeal, and defendant failed to demonstrate prejudice on the remaining issues.

  • Rumbo v. Am. Med. Sys., Inc.

    Publication Date: 2021-05-12
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: R. Joseph Hrubiec, Napoli Shkolnik LLC, Wilmington, DE for plaintiff.
    for defendant: Brian M. Rostocki, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Barbara R. Binis, Stephen J. McConnell, Whitney L. Mayer and Christian W. Saucedo, Reed Smith LLP, Philadelphia, PA for defendant.
    Case Number: D69396

    The statute of limitations barred plaintiffs' pelvic mesh claim, so the court granted summary judgment in favor of defendant.

  • Henry v. The Cincinnati Ins. Co.

    Publication Date: 2021-05-05
    Practice Area: Insurance Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Elisa A. Greenberg, Austin & Mondell, P.A. for Horizon Services, Inc. and Eastern Alliance Ins. Co. Jona-than B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A. for plaintiffs.
    for defendant: William A. Crawford, Franklin & Prokopik for defendant The Cincinnati Ins Co. Patrick G. Rock, Heckler & Fabrizzio for defendant State Farm Mutual Auto. Ins. Co.
    Case Number: D69388

    The court denied a motion to intervene by a workers' compensation carrier because it did not have a right to assert its lien against plaintiff's underinsured motorist benefits.

  • Carney v. B&B Serv. Co.

    Publication Date: 2021-04-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
    for defendant: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.
    Case Number: D69375

    Court denied defendants summary judgment on tortious interference claim where there were genuine issues of material fact as to whether one or more defendants engaged in improper conduct to interfere with plaintiff's sale of his property to a third party.

  • Biggs v. Hall

    Publication Date: 2021-02-17
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Arthur M. Krawitz, Jessica Lewis Welch, Doroshow, Pasquale Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: Roger P. Downes, Joseph Brenner, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C. for defendant.
    Case Number: D69294

    Firefighter's rule was inapplicable to exclude liability for an EMT injured in a slip and fall accident where slipping and falling was not part of the hazard or harm that the EMT was dispatched to address.

  • 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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  • Thompkins v. Reynolds Transp.

    Publication Date: 2021-01-27
    Practice Area: Administrative Law
    Industry: State and Local Government | Transportation
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Shakuntla L. Bhaya, Alexis N. Stombaugh, Doroshow, Pasquale Krawitz & Bhaya, Bear, DE for claimant.
    for defendant: Nicholas E. Bittner, Heckler & Frabizzio, Wilmington, DE for employer.
    Case Number: D69277

    Decision by the Industrial Accident Board was not supported by substantial evidence, so the court reversed and remanded.

  • Johnson v. State

    Publication Date: 2021-01-27
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Matthew M. Bartkowski, Bifferato Gentilotti, LLC, Wilmington, DE for appellant.
    for defendant: John J. Klusman, Jr., Jocelyn N. Pugh, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: D69271

    Industrial Accident Board correctly reduced an employer's workers' compensation lien by the entire amount of third-party tort recovery where the lien balance exceeded the amount of recovery, requiring charging the full amount of reasonable legal fees and costs to the employer since it received the full amount of the tort recovery and the injured worker received nothing from the recovery.

  • Igo v. ACTS Ret. Life Cmtys.

    Publication Date: 2021-01-20
    Practice Area: Administrative Law
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for claimant.
    for defendant: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for employer.
    Case Number: D69265

    A determination by the Unemployment Insurance Appeals Board that claimant was terminated for just cause was not supported by substantial evidence, and the board's decision also contained other legal errors.

  • State of Delaware v. Wright

    Publication Date: 2020-11-18
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69197

    In the interest of justice, the court concluded that defendant was entitled to the appointment of counsel to assist her in connection with her motion for postconviction relief.

  • Foraker v. Amazon.com, Inc.

    Publication Date: 2020-11-18
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Craig T. Eliassen, Schmittinger and Rodriguez, P.A. for appellant.
    for defendant: John J. Ellis, James T. Betts, Heckler & Frabizzio P.A. for appellee.
    Case Number: D69191

    Industrial Accident Board erred in finding worker's present pain to be aggravation of preexisting injuries rather than due to a work-related injury where worker's testimony that he had no pain and sought no treatment for over two decades prior to his work accident went uncontradicted and IAB cited to no other record evidence to reject that uncontradicted testimony as not credible.