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  • Tolliver v. Qlarant Quality Solutions, Inc.

    Publication Date: 2022-12-06
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: M. Denise Tolliver, Camden, DE, pro se plaintiff.
    for defendant: Tiffany R. Hubbard, Pamela Moore, McCarter & English, LLP, Hartford, CT; Chelsea A. Botsch, McCarter & English, LLP, Wilmington, Delaware for defendants.
    Case Number: K21C-06-040 NEP

    The court found for defendant corporation in an employment litigation sounding in discrimination and defamation claims.

  • Fowler v. Perdue Farms, Inc.

    Publication Date: 2022-03-29
    Practice Area: Occupational Safety and Health
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, PA, Dover, DE for claimant below/appellant.
    for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for employer below/appellee.
    Case Number: D69761

    The court held that the Industrial Accident Board 1) improperly considered extrajudicial sources, 2) rejected unrebutted tes-timony of both experts and the claimant when it rejected claimant's claim that he contracted COVID-19 at his workplace, and 3) imposed a higher burden of proof on claimant than was appropriate.

  • Spine Care Delaware, LLC v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2022-03-22
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
    for defendant: Donald M. Ransom, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendant.
    Case Number: D69756

    Insurer lacked reasonable basis to impose multiple payment reductions for bills seeking compensation under PIP benefits where doing so meant provider was being compensated at a lower rate than its peers.

  • Hammer v. Howard

    Publication Date: 2021-11-09
    Practice Area: Contracts
    Industry: Advertising | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Nancy Hammer, pro se appellant.
    for defendant: R. Eric Hacker, Morris James LLP, Wilmington, DE for appellees.
    Case Number: D69600

    The court held that plaintiff was barred from suing defendant, her former employer, a second time for unpaid sales commissions because res judicata applied where the parties in the first and second suit were in privity with each other and the cause of action in each suit arose out of the same transaction, i.e., payment of post-termination commissions according to the contractual agreements.

  • Dufresne v. Camden-Wyoming Fire Co. Inc.

    Publication Date: 2020-05-20
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Gregory A. Morris, Ligouri & Morris for plaintiff.
    for defendant: Jonathan L. Parshall, Murphy & Landon for defendants.
    Case Number: D68983

    Volunteer fire company and its board members were immune from defamation liability under state law pursuant to tort claim act immunity, and under §1983 because the company and the board members did not qualify as state actors for §1983 liability since firefighting was not an exclusive state function and there was no entwinement between the company and the state.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Monzo v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2020-04-01
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Dana Spring Monzo and Eric J. Monzo, pro se plaintiffs.
    for defendant: Louis J. Rizzo, Jr. and Paul D. Sunshine, Reger Rizzo & Darnall LLP for defendant.
    Case Number: D68927

    Homeowners not entitled to insurance coverage for property damage caused by a rainstorm where "scouring" and "debris from trees" found by the parties' engineers to have caused the damage fell within the homeowners' policy's exclusions for "earth movement" and "water-borne material."

  • McCarthy v. Fifer

    Publication Date: 2018-08-01
    Practice Area: Contracts | Legal Malpractice
    Industry: Investments and Investment Advisory | Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68235

    The court denied motions for judgment on the pleadings with regard to two legal malpractice claims involving the improper titling of investment properties, because the complaint adequately alleged matters relating to standing and damages.

  • Two Farms, Inc. v. Davis, Bowen & Friedel, Inc.

    Publication Date: 2018-06-20
    Practice Area: Real Estate
    Industry: Food and Beverage | Retail
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Shawn P. Tucker, Richard L. Abbott and Patrick McGrory.
    for defendant: N/A
    Case Number: D68189

    Defendant was not entitled to recover on its counterclaim for libel because plaintiff had an absolute privilege to allege matters in its complaint which related to its fraud claim.