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  • Taylor v. Killen

    Publication Date: 2023-12-04
    Practice Area: Products Liability
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Joel H. Fredricks, Nitsche & Fredericks, LLC, Wilmington, DE for plaintiff.
    for defendant: Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE; Joseph J. Bellew, Joseph E. Brenner, Gordon Rees Scully Mansukhani LLP, Wilmington, DE for defendants.
    Case Number: N22C-03-068 CLS

    Service upon foreign corporation was ineffective where service upon its domestic subsidiary could not impute notice of the action and mailing service of process to the foreign corporation did not comply with the requirements of the Hague Convention.

  • Wais v. Thompson

    Publication Date: 2023-04-11
    Practice Area: Real Estate
    Industry: Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Chandra J. Williams, Rhodunda, Williams & Kondraschow, Wilmington, DE for appellants.
    for defendant: Steven D. Rosen, The Rosen Law Firm, LLC, Wilmington, DE for appellee.
    Case Number: N22A-08-003 CLS

    The court affirmed the trial court's order finding for a buyer in a real estate matter where the seller breached contractual obligations by failing to repair a defective roof.

  • Tesla, Inc. v. Delaware Div. of Motor Vehicles

    Publication Date: 2022-10-11
    Practice Area: Administrative Law
    Industry: Automotive | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Kelly Farnan, Tyler Cragg, Richards, Layton & Finger, P.A., Wilmington, DE for appellant.
    for defendant: George T. Lees III, Delaware Department of Justice, Dover, DE for appellee.
    Case Number: N21A-09-001 CLS

    Court affirmed DMV's director's denial of a manufacturer's license for a dealership license on the basis that the Delaware Motor Vehicle Franchising Practices Act prohibits vehicle manufacturers from serving as dealers to consumers.

  • Russell-Fowler v. GT Wilmington USA

    Publication Date: 2022-06-07
    Practice Area: Labor Law
    Industry: Cargo and Shipping | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Sackena Russell-Fowler, Wilmington, DE, pro se appellant.
    for defendant: Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, Delaware for appellees.
    Case Number: D69844

    Court reversed and remanded denial of unemployment benefits where division of unemployment insurance identified discrepancies in Pandemic Unemployment Assistance recipient's earnings, potentially rendering the board's decision in error as it was based on the incorrect standards.

  • Tibco Software Inc. v. Mediamath, Inc.

    Publication Date: 2020-01-22
    Practice Area: Contractual Disputes
    Industry: Software | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for plaintiff.
    for defendant: Matthew P. Ward and Nicholas T. Verna, Womble Bond Dickinson LLP, Wilmington, DE; Usher Winslett, Winslett Studnicky McCormick & Bomser LLP, New York, NY for defendant.
    Case Number: D68852

    The court had previously ruled that a genuine issue of material fact existed with regard to a liability limitation provision, so plaintiff was not entitled to summary judgment.

  • 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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  • 913 Market, LLC v. InvestUSA Holding Enters., LLC

    Publication Date: 2019-12-11
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
    for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendant.
    Case Number: D68798

    Plaintiff seller was entitled to judgment where defendant buyer breached a purchase and sale agreement for real property by failing to close by the contracted-for "time of the essence" closing date and the agreement unambiguously provided that plaintiff's sole and exclusive remedy was to retain defendant's earnest money deposit.

  • Stephenson v. Big Oaks Trailer Park, Inc.

    Publication Date: 2019-09-25
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Michael I. Silverman and Adrienne M. McDonald, Wilmington, DE for defendants.
    Case Number: D68715

    Although plaintiffs failed to comply with the court's scheduling order when they failed to provide expert witness reports within the time allowed, the court concluded that defendant was not prejudiced.

  • ACW Corp. v. Maxwell

    Publication Date: 2019-07-24
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff
    for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: D68638

    Workers' compensation provider not entitled to subrogation and reimbursement from third-party tortfeasor for speculative future damages provided in a commutation between workers' compensation provider and injured worker.

  • Tibco Software Inc. v. Mediamath, Inc.

    Publication Date: 2019-07-24
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Josiah R. Wolcott, Connolly Gallagher LLP, Newark, DE for plaintiff.
    for defendant: Matthew P. Ward and Nicholas T. Verna, Womble Bond Dickinson (US) LLP, Wilmington, DE; Usher Winslett, Winslett Stud-nicky McCormick & Bomser LLP, New York, NY for defendant.
    Case Number: D68645

    The court concluded defendant's interpretation of a contract clause was not reasonable, because it would have relieved de-fendant from liability for its own failure to comply with the terms of the contract.

  • DiStefano v. KW Solar Sols., Inc.

    Publication Date: 2019-07-17
    Practice Area: Expert Witnesses
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Blake A. Bennett and Christopher H. Lee, Cooch and Taylor, P.A., Wilmington, DE for plaintiffs.
    for defendant: Robert D. Goldberg, Biggs and Battaglia, Wilmington, DE for defendants.
    Case Number: D68632

    Plaintiffs' expert could testify as to the presence of mold in plaintiffs' home, given the expert's training, certifications, and experience in the mold inspection industry.