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14 results for '* judge:"Judge Clark"' You can use Search Constraints to get even better search results
Publication Date: 2023-07-03
Practice Area: Contracts
Industry: Energy | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John L. Reed, Daniel P. Klusman, Peter H. Kyle, DLA Piper, LLP, Wilmington, DE; Michael D. Hynes, Emma Kramer Jones, DLA Piper, New York, NY; Benjamin D. Schuman, Ellen E. Dew, DLA Piper, LLP, Baltimore, MD for plaintiff.
for defendant: Steven T. Margolin, Lisa Z. Brown, Samuel L. Moultrie, Bryan T. Reed, Greenberg Traurig LLP, Wilmington, DE; Hal S. Shaftel, Daniel Friedman, Greenberg Traurig LLP, New York, NY for defendants.
Case Number: N15C-08-109 JJC CCLD
Court declined to award prevailing plaintiff reimbursement of special discovery master and mediation fees where such fees fell within the category of pre-trial costs that each party was expected to bear on its own, as there was no evidence that defendant acted in bad faith or engaged in litigation misconduct.
Publication Date: 2021-05-12
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Phillip T. Edwards, Murphy & Landon, Wilmington, DE for plaintiff.
for defendant: Bruce W. McCullough, Bodell Bove, LLC, Wilmington, DE for defendant.
Case Number: D69393
The court denied an insurer's motion for partial summary judgment regarding punitive damages because the injured party presented sufficient facts to permit a jury to find recklessness.
Publication Date: 2020-03-18
Practice Area: Insurance Litigation
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John S. Spadaro of John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE; John D. Balaguer, White & Williams, LLP, Wilmington, DE; Ed-ward M. Koch, White & Williams, LLP, Philadelphia, PA for defendant.
Case Number: D68914
The jury's verdict of $500,000 in punitive damages shocked the conscience because it was so disproportionate to the compen-satory damages. The court granted defendant's motion for a new trial on the issues of both liability and damages, because plain-tiff's counsel made inflammatory remarks during closing argument which likely prejudiced the jury.
Publication Date: 2020-03-04
Practice Area: Environmental Law
Industry: Retail
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
for defendant: Mark F. Dunkle, Elio Battista, and Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendants Service Energy, LLC and STTCPL, LLC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Coastal Pump and Tank, Inc.
Case Number: D68896
Gas station owner was bound to environmental contamination settlement agreement where owner failed to present evidence that any new contamination arose as a result of tenant's activities.
Publication Date: 2019-11-20
Practice Area: Fee Disputes
Industry: Food and Beverage | Manufacturing
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE, for appellant.
for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE, attorney for appellee.
Case Number: D68774
The Industrial Accident Board erred in awarding attorneys' fees that exceeded 30 percent of the amount on an "issue" in which a claimant obtained a recovery greater than that offered by the employer prior to hearing.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2019-10-02
Practice Area: Insurance Litigation
Industry: Construction | Insurance
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John S. Spadaro ,John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Thaddeus J. Weaver, Dilworth Paxson, LLP, Wilmington, DE for defendant.
Case Number: D68724
The court denied an insurer's motion for summary judgment, because factual issues existed regarding whether the insurer act-ed recklessly and in bad faith.
Publication Date: 2019-08-28
Practice Area: Products Liability
Industry: Chemicals and Materials | Distribution and Wholesale | Manufacturing
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE for plaintiff.
for defendant: Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE for defendant.
Case Number: D68684
In this asbestos litigation, the manufacturer of a bulk product complied with its duty to warn.
Publication Date: 2019-03-06
Practice Area: Administrative Law
Industry: Chemicals and Materials | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ralph K. Durstein, III, Deputy Attorney General, Department of Justice, Dover, DE for the state.
for defendant: John W. Paradee, Daniel F. McAllister and Stephen A. Spence, Baird, Mandalas, Brockstedt, LLC, Do-ver, DE for McGinnis Auto & Mobile Home Salvage, Inc.
Case Number: D68452
An agency exceeded its statutory authority when it issued a cease and desist order which purported to man-date corrective action.
Publication Date: 2019-02-20
Practice Area: Administrative Law | Environmental Law
Industry: Chemicals and Materials | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Christopher M. Coggins, Coggins Law, LLC, Wilmington, DE for appellants.
for defendant: Robert F. Phillips, Deputy Attorney General, Department of Justice, New Castle, DE for appellees.
Case Number: D68462
Environmental Appeals Board correctly dismissed an appeal from an oral statement of the secretary of Department of Natural Resource and Environmental Control where such statement merely stated DNREC's litigation position and did not constitute an appealable final agency action and where the appeal was patently untimely.
Publication Date: 2019-01-23
Practice Area: Contracts
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, Dover, DE for appellant.
for defendant: Paul G. Enterline, Georgetown, DE for appellee.
Case Number: D68432
Trial court erroneously denied motion to amend pleadings to add quasi-contractual claims where defendant's acquiescence to introduction of evidence in support of those claims and argument on those claims in defendant's own pleadings demonstrated implied consent to trying the claims and a lack of surprise by amendment.
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