• Delaware Law Weekly

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    February 21, 2018

    Delaware Law Weekly Newspaper

  • Kraft v. Office of Chief Counsel, Div. of Veterans Affairs, North Atlantic Dist.

    Publication Date: 2018-02-21
    Practice Area: Administrative Law | Government
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: N/A
    for defendant: David C. Weiss and Laura D. Hatcher for defendant.

    Case Number: D68049

    The court granted a motion to dismiss regarding a claim involving Veterans Administration benefits, because another tribunal had exclusive jurisdiction pursuant to statute.

  • Hilarie v. Lankford

    Publication Date: 2018-02-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Keith E. Donovan and Reneta L. Green-Streett, Morris James LLP, Dover, DE, attorneys for plaintiff
    for defendant: David C. Malatesta, Kent & McBride, P.C., Wilmington, DE; Margaret Fonshell Ward, Ward & Herzog, LLC, Baltimore, MD, attorneys for defendants.

    Case Number: D68047

    Assignees of tortfeasors umbrella policy, and plaintiffs in the underlying tort action, were obligated to credit the shortfall between the tortfeasors underlying insurance policy and the minimum coverage amount for an underlying policy required by the umbrella policy out of any recovery in the underlying tort action.

  • Resolve Funding, LLC v. Buckley Property Serv., LLC

    Publication Date: 2018-02-21
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David B. Anthony and Sean Meluney for plaintiff
    for defendant: Michael F. Duggan and Brett T. Norton for defendant.

    Case Number: D68052

    Lender adequately stated claims for negligence and negligent misrepresentation against an appraiser for fail-ing to provide a residential property appraisal that complied with commercially reasonable standards.

  • Homa v. Chalme

    Publication Date: 2018-02-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Beverly L. Bove an Vincent J. X. Hedrick, Beverley L. Bove Attorney at Law, Wilmington, DE, attorneys for plaintiff
    for defendant: Beth H. Christman, Casario, Christman, Shalk, Ranson & Doss, P.A., Wilmington, DE, attorney for defendant.

    Case Number: D68048

    Underinsured motorist coverage was merely an expansion of uninsured motorist coverage, and did not constitute a distinct limit of coverage that permitted separate claims for an accident involving underinsured and uninsured motorists.

  • Reid v. Siniscalchi

    Publication Date: 2018-02-21
    Practice Area: Business Torts | Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: David W. deBruin, Thomas I. Sheridan, III and Derek Y. Brandt for plaintiff
    for defendant: Thomas A. Beck, Rachel E. Horn, Paul J. Vincenti and Elyse C. Pillitteri for defendants.

    Case Number: D68051

    Plaintiffs theory that defendants engaged in a conspiracy was a sham and the court did not have personal ju-risdiction over non-resident defendants.

  • Harden v. State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Christopher S. Koyste, Law Office of Christopher S. Koyste, LLC, Wilmington, DE, attorney for appellant
    for defendant: Martin B. O'Connor, Deputy Attorney General, Department of Justice, Wilmington, DE, attorneys for defendant.

    Case Number: D68046

    Sentencing counsel was ineffective in failing to consult with defendant and develop coherent strategy for asking trial court for sentence below recommended sentence of negotiated plea agreement, and in failing to prepare defendant to give an allocution demonstrating remorse.

  • TQ Delta, LLC v. 2Wire, Inc.

    Publication Date: 2018-02-21
    Practice Area: Patent Litigation
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Peter J. McAndrews, Paul W. McAndrews and Rajendra A. Chiplunkar for plaintiff
    for defendant: Colm F. Connolly, Jody Barillare, Brett M. Schuman, Rachel M. Walsh and David L. Simson for defend-ant 2Wire, Inc.; Kenneth L. Dorsney, Paul M. Sykes, Melissa Hotze and Elizabeth J. Rader for defend-ants Adtran Inc. and Zyxel Communications Inc.

    Case Number: D68053

    In this claim construction matter, the court construed various terms relating to asynchronous transfer mode communications systems.

  • Mabey v. Crystalite Bohemia, S.R.O.

    Publication Date: 2018-02-21
    Practice Area: Products Liability
    Industry: Consumer Products
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68050

    Plaintiffs did not allege a direct connection between a non-resident defendant and Delaware under the long-arm statute, but plaintiffs made a plausible argument in support of personal jurisdiction.

  • Daily Report Online

    Fight Over Noncompete Agreement Gets Ugly

    February 21, 2018

    Bako's lawyers spent one sentence denying that the Delaware law voided the noncompete agreements and then offered pages of details of “gross misconduct” on which their counterclaims for breach of duty of loyalty, unjust enrichment and defamation are based.