• State of Delaware v. Byard

    Publication Date: 2018-11-07
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi, Erik C. Towne, Department of Justice, Wilmington, DE, attorneys for the state
    for defendant: Michael W. Modica, Wilmongton, DE, attorney for defendant.

    Case Number: D68349

    Where the state elicited testimony tending to show that defendant avoided cooperating with a police investiga-tion, he was entitled to a new trial.

  • Robinson v. Foulkstone Med. Pavilion Condo. Ass'n

    Publication Date: 2018-10-03
    Practice Area: Expert Witnesses | Premises Liability
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Kenneth M. Roseman for plaintiffs
    for defendant: Tracy A. Burleigh, Marshall, Dennehey, Warner, Coleman & Goggin for defendant.

    Case Number: D680306

    Plaintiff established prima facie evidence of a dangerous condition in this slip-and-fall case.

  • Sun Life Assurance Co. of Canada v. Wilmington Trust, N.A.

    Publication Date: 2018-09-05
    Practice Area: Insurance Law
    Industry: Financial Services and Banking | Insurance
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Joseph J. Bellew, Joseph Kelleher, Michael J. Miller, Charles J. Vinicombe, Gregory J. Star, Cozen O'Connor, attorneys for plaintiff
    for defendant: Harry S. Davis and Robert E. Griffin, Schulte Roth & Zabel LLP; Kevin G. Abrams, John M. Seaman, and E. Wade Houston, Abrams & Bayliss LLP, attorneys for defendant.

    Case Number: D68272

    Estoppel counterclaims and affirmative defenses to action seeking to declare life insurance policy void ab initio struck and dismissed where validity of policy would preclude estoppel and invalidity of policy would grant no legal basis for relief.

  • World Class Wholesale, LLC v. Star Indus., Inc.

    Publication Date: 2018-06-06
    Practice Area: Contractual Disputes
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: John G. Harris, Sean A. Meluney for plaintiff
    for defendant: Adam Balick for defendant.

    Case Number: D68173

    An oral contract for an indefinite term included a provision which allowed termination for good cause, so this made it possible for the contract to be performed within one year, rendering the statute of frauds inapplicable.

  • State of Delaware v. Byard

    Publication Date: 2018-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi for the state
    for defendant: Michael W. Modica for defendant.

    Case Number: D68163

    Information obtained from a vehicle's crash sensing device was admissible because the accuracy of the device had been tested, the results of such tests had been published in peer-reviewed publications, the tests established the device's known error rates, a governmental agency had established rules regarding this technology, and such devices were widely used in the automobile industry.

  • Girardot v. The Chemours Co.

    Publication Date: 2018-04-11
    Practice Area: Class Actions | Employment Litigation
    Industry: Chemicals and Materials
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert K. Beste and Jonathan Landesman for plaintiffs
    for defendant: Stephanie E. O'Byrne and Kathleen Furey McDonough for defendant.

    Case Number: D68105

    Plaintiffs in this class action matter were entitled to pursue recovery of severance pay under state wage law, and their claims were filed within the statute of limitations.

  • Ward v. CareFusion Solutions, LLC

    Publication Date: 2018-03-28
    Practice Area: Class Actions
    Industry: Biotechnology
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Daniel C. Herr and Jack D. McInnes for plaintiffs and the putative class
    for defendant: Elizabeth S. Fenton, Danielle N. Petaja, Matthew J. Hank and Helga P. Spencer for defendant.

    Case Number: D68093

    The choice-of-law provision in the parties employment contracts did not extend the reach of another states labor statutes where that states statutes and case law expressed an intent to narrowly limit their application.

  • Continental Fin. Co., LLC v. TD Bank, N.A.

    Publication Date: 2018-02-07
    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, Jessie F. Beeber, Patrick J. Boyle and Adam G. Possidente for plaintiff
    for defendant: Alexander D. Bono, Ryan E. Borneman, Lynne E. Evans, Oderah C. Nwaeze and Mackenzie M. Wrobel for defendant.

    Case Number: D68034

    Plaintiffs negligence claim against a bank that provided electronic services was barred by the terms of the parties agreement and also preempted by the UCC.

  • Harris v. Boston Scientific Corp.

    Publication Date: 2018-01-17
    Practice Area: Products Liability
    Industry: Biotechnology | Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Robert J. Leoni, Shelsby & Leoni PA; Christine V. Clarke and Chris A. Gomez, Kline & Specter, PC, attorneys for plaintiff
    for defendant: Colleen D. Shields, Eckert Seamans Cherin & Mellott, LLC, attorneys for defendant.

    Case Number: D68007

    Jury verdict in favor of defendant in medical products liability case not against weight of evidence, where jury could find that complication rate of plaintiffs specific injury of less than one percent was not indicative of the products dangerousness, and could believe testimony that it was reasonable for defendant to rely on clinical testing of similar devices.

  • Barth v. Blue Diamond

    Publication Date: 2017-12-13
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Bartholomew J. Dalton and Laura J. Simon, Dalton & Associates; Larry E. Coben and Gregory S. Spizer, Anapol Weiss, attorneys for plaintiff
    for defendant: Michael J. Logullo, Rawle & Henderson LLP; George T. Lees III, Logan & Petrone, LLC, attorneys for defendants.

    Case Number: D67966

    Implied primary assumption of risk did not insulate alleged tortfeasor from liability for recklessness, since duty to protect from harm inherent in dangerous activity, eliminated by the primary assumption of risk, was distinct from duty not to increase risk of harm through intentional or reckless conduct.