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  • Rumbo v. Am. Med. Sys., Inc.

    Publication Date: 2021-05-12
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: R. Joseph Hrubiec, Napoli Shkolnik LLC, Wilmington, DE for plaintiff.
    for defendant: Brian M. Rostocki, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Barbara R. Binis, Stephen J. McConnell, Whitney L. Mayer and Christian W. Saucedo, Reed Smith LLP, Philadelphia, PA for defendant.
    Case Number: D69396

    The statute of limitations barred plaintiffs' pelvic mesh claim, so the court granted summary judgment in favor of defendant.

  • Henry v. The Cincinnati Ins. Co.

    Publication Date: 2021-05-05
    Practice Area: Insurance Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Elisa A. Greenberg, Austin & Mondell, P.A. for Horizon Services, Inc. and Eastern Alliance Ins. Co. Jona-than B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A. for plaintiffs.
    for defendant: William A. Crawford, Franklin & Prokopik for defendant The Cincinnati Ins Co. Patrick G. Rock, Heckler & Fabrizzio for defendant State Farm Mutual Auto. Ins. Co.
    Case Number: D69388

    The court denied a motion to intervene by a workers' compensation carrier because it did not have a right to assert its lien against plaintiff's underinsured motorist benefits.

  • Carney v. B&B Serv. Co.

    Publication Date: 2021-04-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
    for defendant: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.
    Case Number: D69375

    Court denied defendants summary judgment on tortious interference claim where there were genuine issues of material fact as to whether one or more defendants engaged in improper conduct to interfere with plaintiff's sale of his property to a third party.

  • Igo v. ACTS Ret. Life Cmtys.

    Publication Date: 2021-01-20
    Practice Area: Administrative Law
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for claimant.
    for defendant: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for employer.
    Case Number: D69265

    A determination by the Unemployment Insurance Appeals Board that claimant was terminated for just cause was not supported by substantial evidence, and the board's decision also contained other legal errors.

  • Foraker v. Amazon.com, Inc.

    Publication Date: 2020-11-18
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Craig T. Eliassen, Schmittinger and Rodriguez, P.A. for appellant.
    for defendant: John J. Ellis, James T. Betts, Heckler & Frabizzio P.A. for appellee.
    Case Number: D69191

    Industrial Accident Board erred in finding worker's present pain to be aggravation of preexisting injuries rather than due to a work-related injury where worker's testimony that he had no pain and sought no treatment for over two decades prior to his work accident went uncontradicted and IAB cited to no other record evidence to reject that uncontradicted testimony as not credible.

  • 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

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  • Weddle v. BP Amoco Chem., Co.

    Publication Date: 2020-09-09
    Practice Area: Occupational Safety and Health
    Industry: Chemicals and Materials | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Patrick C. Gallagher and David T. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for claimant.
    for defendant: Paul A. Bradley and Antoinette D. Hubbard, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE for employer.
    Case Number: D69117

    Where claimant prevailed on an appeal in this workers' compensation matter, the court awarded attorney fees but adjusted the rates requested by claimant's counsel.

  • Anderson v. GI Assocs. of Delaware, P.A.

    Publication Date: 2020-05-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert and Lorenza A. Wolhar, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D68975

    Act of negligent treatment and resulting injury occurring on two separate dates meant that medical malpractice case involved continuum of treatment, requiring that the statute of limitations be measured from the last act in the continuum of treatment.

  • Anthium, LLC v. Shelton

    Publication Date: 2019-12-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Catherine Di Lorenzo, Wilmington, DE for plaintiff.
    for defendant: Reginald L. Harris, self-represented litigant.
    Case Number: D68814

    Mortgagor's death did not trigger the eight-month statute of limitations under 12 Del C. §2012(a), such that the mortgage holder's action was not time-barred, but the mortgage holder was not entitled to summary judgment where it failed to show it provided notice and opportunity to cure default required under the mortgage.

  • Iavarone v. Eagle Eye Home Inspections, LLC

    Publication Date: 2019-11-20
    Practice Area: Damages
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Christopher H. Lee, Blake Bennett, and Dean Roland, Cooch & Taylor, P.A., Wilmington, DE for plaintiff.
    for defendant: Justin Callaway, Salmon, Ricchezza, Singer & Turchi, LLP, Wilmington, DE for defendant.
    Case Number: D68775

    Contractual limitation of liability provision that merely limited contractor's liability to cost of services, rather than excluding all liability, was enforceable since it provided certainty to potential damages.

  • Verbitski v. Diamond State Port Corp.

    Publication Date: 2019-04-24
    Practice Area: Landlord Tenant Law | Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE for plaintiff.
    for defendant: David Primack, McElroy Deutsch Mulvaney & Carpenter LLP, Wilmington, DE for defendant. Mark Sposato, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE for third-party defendant.
    Case Number: D68540

    A landlord was not entitled to indemnity in this personal injury matter, because the employer who leased the property was entitled to the protection of the workers' compensation exclusivity doctrine.