• Agostini v. Blenheim at Augustine Creek, LLC

    Publication Date: 2019-01-23
    Practice Area: Contractual Disputes | Expert Witnesses | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Dean R. Roland, Cooch and Taylor P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Wilmington, DE for defendant.

    Case Number: D68430

    Jury waiver was enforceable where the heart of plaintiffs' claims went to their request to be made whole under the operative contract and the waiver language was sufficiently conspicuous to place readers on notice they were waiving the right to jury trial.

  • Alarm.com, Inc. v. Securenet Tech. LLC

    Publication Date: 2019-01-23
    Practice Area: Expert Witnesses | Patent Litigation
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Mary B. Matterer and Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Ian R. Liston, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; James C. Yoon, Ryan R. Smith, Christopher D. Mays and Mary A. Procaccio-Flowers, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA for plaintiffs.
    for defendant: Jack B. Blumenfeld and Stephen J. Kraftschik, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Erik B. Milch and Frank Pietrantonio, Cooley LLP, Reston, VA; Rose Whelan and Naina Soni, Cooley LLP, Washington, DC for defendant.

    Case Number: D68433

    Portions of defendant's motion to exclude an expert's lost profit opinion went to the weight and not the admissibility of the evidence, but the court excluded other parts of the expert's testimony.

  • Virola v. Berryhill

    Publication Date: 2019-01-09
    Practice Area: Administrative Law | Expert Witnesses
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68415

    ALJ could afford treating physicians' testimony less weight during SSDI application hearing where physicians' conclusions regarding applicant's limitations were unsupported by the medical record and by the ALJ's observations of the applicant.

  • Strobert Tree Servs., Inc v. Kenneth Lilly Fasteners, Inc.

    Publication Date: 2018-10-31
    Practice Area: Contracts | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: George T, Lees, III, Logan & Petrone, LLC, New Castle, DE, attorney for plaintiff
    for defendant: David Baumberger, Chrissinger & Baumberger, Wilmington, DE, attorney for defendant.

    Case Number: D68335

    Plaintiff's expert's opinion that defendant's product was defective was stricken where the expert failed to conduct testing on defendant's actual product.

  • 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.

  • Fowler v. State

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
    for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.

    Case Number: D68279

    Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.

  • Acceleration Bay LLC v. Activision Blizzard, Inc.

    Publication Date: 2018-09-12
    Practice Area: Expert Witnesses | Intellectual Property | Patent Litigation
    Industry: E-Commerce | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Potter Anderson & Corroon, LLP, Wilmington, DE; Paul J. Andre, Lisa Kobialka, Kramer Levin Naftalis & Frankel LLP, Menlo Park, CA; Aaron M. Frankel, Kramer Levin Naftalis & Frankel LLP, New York, NY, attorneys for plaintiff
    for defendant: Jack B. Blumenfeld, Stephen J. Kraftschik, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Michael A. Tomasulo, Gino Cheng, David K. Lin, Joe S. Netikosol, Winston & Strawn LLP, Los Angeles, CA; David P. Enzminger, Louis L. Campbell, Winston & Strawn LLP, Menlo Park, CA; Dan K. Webb, Kathleen B. Barry, Winston & Strawn LLP, Chicago, IL; Krista M. Enns, Winston & Strawn LLP, San Francisco, CA; Michael M. Murray, Anup K. Misra, Winston & Strawn LLP, New York, NY; Andrew R. Sommer, Thomas M. Dunham, Michael Woods, Paul N. Harold, Joseph S. Masullo, Winston & Strawn LLP, Washington, DC, attorneys for defendants.

    Case Number: D68278

    Defendant granted summary judgment of non-infringement where sale of game software did not amount to "making, using, or selling" accused game network.

  • Norman v. All About Women, P.A.

    Publication Date: 2018-09-05
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: William Fletcher and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE, for plaintiff
    for defendant: Lauren C. McConnell and Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE, for defendants.

    Case Number: D68277

    In this medical negligence matter, plaintiff's expert witness provided admissible testimony regarding the standard of care even without relying on medical literature or peer-reviewed publications.

  • Delaware Law Weekly

    DLW's Most Popular Stories of August

    September 05, 2018

    Delaware's federal bench gets some much-needed relief, Wilmington is hit with two separate lawsuits and more.

  • Delaware Law Weekly

    Del. Supreme Court: Trial Judge Misinterpreted Expert Testimony Precedent

    August 22, 2018

    The ruling wiped out a November 2017 order that found the testimony of an expert witness was unreliable because it was not based on medical literature or peer-reviewed publications.