• Ways v. State of Delaware

    Publication Date: 2019-01-02
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Vaughn
    Attorneys: For plaintiff: Abby Adams, Deputy Attorney General, Georgetown, DE for the state
    for defendant: Jerome M. Capone, Assistant Public Defender, Georgetown, DE for defendant.

    Case Number: D68413

    Motion to suppress was properly denied where police would have inevitably discovered drugs through legitimate means, and criminal defendant was not entitled to acquittal.

  • State of Delaware v. Matthews

    Publication Date: 2019-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Joseph S. Grubb and Zachary D. Rosen, Deputy Attorneys General, Department of Justice, Wilmington, DE for the state.
    for defendant: Eugene J. Maurer, Jr. and Elise K. Wolpert of Eugene J. Maurer, Jr., P.A., Wilmington, DE for defendant.

    Case Number: D68412

    The state's misrepresentation of the evidence during closing argument, even if unintentional, prejudiced defendant and compromised the fairness of the proceeding.

  • Holben v. Pepsi Bottling Ventures, LLC

    Publication Date: 2018-12-26
    Practice Area: Administrative Law | Attorney Compensation
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE for claimant.
    for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE for Pepsi Bottling Ventues, LLC.

    Case Number: D68404

    An employee was not entitled to a presumption that her post-injury wages equaled her post-injury earning power, so her partial disability benefits were properly reduced.

  • Cont'l Fin. Co. v. TD Bank, N.A.

    Publication Date: 2018-12-26
    Practice Area: Banking and Finance Laws | Commercial Law
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jamie L. Edmonson, Daniel A. O'Brien, Jessie F. Bebber, Patrick J. Boyle, and Adam G. Possidente, Venable LLP for plaintiff;
    for defendant: Alexander D. Bono, Ryan E. Borneman, Lynne E. Evans, Oderah C. Nwaeze, and Mackenzie M. Wrobel, Duane Morris LLP for defendant.

    Case Number: D68400

    Banking customer's negligence claims arising from fraud on its account did not amount to more than simple negligence and were precluded by the UCC and its statute of repose as the fraud occurred under the scope of the account agreement.

  • AR Capital, LLC v. XL Specialty Ins. Co.

    Publication Date: 2018-12-26
    Practice Area: Insurance Law | REITS | Securities Litigation
    Industry: Consulting | Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Jennifer C. Wasson and Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Robin L. Cohen and Natasha Romagnoli, McKool Smith, PC, New York, NY for plaintiff
    for defendant: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; Joseph D. Jean, Alexander D. Hardiman, and Benjamin D. Tievsky, Pillsbury Winthrop Shaw Pittman LLP, New York, NY for intervenor.

    Case Number: D68398

    Investment manager entitled to coverage under client's policy where endorsement on policy expressly defined manager under the definition of "company" entitled to coverage for securities claims.

  • Bd. of Educ. of the Smyrna Sch. Dist. v. E.D.

    Publication Date: 2018-12-26
    Practice Area: Civil Procedure | Education Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: David H. Williams, James H. McMackin, III, and Allyson Britton DiRocco, Morris James LLP, Wilmington, DE for appellant
    for defendant: Valerie A. Dunkle, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: D68399

    Reversal of student's expulsion affirmed where local school board failed to provide student with meaningful cross-examination during the disciplinary hearing and imposed a punishment clearly disproportionate to the severity of the student's offense.

  • Harris v. State

    Publication Date: 2018-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph A. Hurley, Wilmington, DE for appellant.
    for defendant: Matthew F. Hicks, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: D68391

    Trial court did not err in considering Intoxilyzer test results to find defendant guilty of DUI after he stipulated to the sufficiency of the Intoxilyzer calibration logs and card.

  • Mergenthaler v. Triumph Mortgage Corp.

    Publication Date: 2018-12-19
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: John A. Sergovic, Jr., Sergovic & Carmean, P.A., Georgetown, DE for plaintiff.
    for defendant: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for defendant.

    Case Number: D68395

    A judgment creditor was required to refresh a judgment after five years before obtaining a writ of execution, but the court renewed plaintiff's judgment nunc pro tunc due to the court's ministerial error.

  • Piper Jaffray, Inc. v. Marrone Bio Innovations, Inc.

    Publication Date: 2018-12-12
    Practice Area: Contractual Disputes
    Industry: Agriculture | Chemicals and Materials | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Eric Lopez Schnabel and Alessandra Glorioso, Dorsey & Whitney LLP, Wilmington, DE; Thomas P. Swigert and Phil Steger of Dorsey & Whitney LLP, Minneapolis, MN for plaintiff.
    for defendant: Elena C. Norman and Benjamin M. Potts, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Judson E. Lobdell of Morrison & Foerster LLP, San Francisco, CA for defendant.

    Case Number: D68386

    Plaintiff adequately stated a claim for breach of the parties' engagement letter involving financial services, but discovery was necessary to determine factual issues.

  • Grabowski v. J.J. White, Inc.

    Publication Date: 2018-12-12
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and Katherine L. Hemming, Gary S. Nitsche, P.A., Wilmington, DE for appellant.
    for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE for appellee.

    Case Number: D68384

    The Industrial Accident Board was justified in finding a course of opioid prescription treatment was not reasonable or necessary where it failed to resolve claimant's pain and instead resulted in drug dependency.