• State of Delaware v. Pierce

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Annemarie H. Puit, Matthew B. Frawley and Jenna R. Milecki, Department of Justice, Wilmington, DE for the state.
    for defendant: Eugene J. Maurer, Jr. and Elise K. Wolpert, Wilmington, DE for defendant.

    Case Number: D68499

    Geolocation information from a defendant's phone was sufficiently reliable, and expert testimony would assist the jury in un-derstanding the evidence.

  • Clark v. State

    Publication Date: 2019-03-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Heather A. Long for appellant.
    for defendant: William D. Rimmer for appellee.

    Case Number: D68495

    Claimant could assert promissory estoppel claim, though not included in her initial petition with the IAB, where the elements of promissory estoppel were presented to the board and the board considered the issue in rendering its decision.

  • State of Delaware v. Watts

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Cari Chapman and Matthew Keating, Deputy Attorneys General, Department of Justice for the state
    for defendant: Elliot Margules, Assistant Public Defender, Office of the Public Defender for defendant.

    Case Number: D68500

    Defendant was not entitled to dismissal or a missing evidence instruction where the state did not deny him access to evidence material to his defense.

  • Gutierrez v. Jamestown Painting

    Publication Date: 2019-03-13
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Heather A. Long, Kimmel, Carter, Roman, Peltz & O'Neill P.A., Newark, DE for appellant.
    for defendant: Nathan V. Gin, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellee.

    Case Number: D68487

    Denial of additional compensation and termination of workers' compensation benefits affirmed where the IAB credited the testimony of an independent medical examiner over employee's own treating physicians where the examiner demonstrated a more comprehensive understanding of employee's prior medical history in support of the examiner's opinion on the lack of causation between employee's reported pain and his work accident.

  • Winshall v. Viacom Int'l, Inc.

    Publication Date: 2019-03-13
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Colin R. Hagan, David J. Shlansky and David H. Holloway, Shlansky Law Group, LLP, Wilmington, DE for plaintiff.
    for defendant: Robert A. Atkins, Steven C. Herzog, Stephen P. Lamb and Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York and Wilmington, DE for defendant.

    Case Number: D68493

    All of plaintiff's breach of contract claims were barred by res judicata or the statute of limitations, except the claim for indem-nification of attorney fees.

  • ISN Software Corp. v. Richards, Layton & Finger, P.A.

    Publication Date: 2019-03-06
    Practice Area: Legal Malpractice | Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Legal Services | Software
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Christopher H. Lee and Blake A. Bennett, Cooch and Taylor, P.A.; Timothy S. Perkins, Underwood Perkins, P.C. for plaintiff.
    for defendant: P. Clarkson Collins, Jr., Carl N. Kunz, III, and Kathleen A. Murphy, Morris James LLP; George M. Kryder and Melissa L. James, Vinson & Elkins LLP for defendants.

    Case Number: D68450

    Legal malpractice action accrued once counsel advised plaintiff client of potential issues with counsel's advice regarding a cash-out merger, which could have resulted financial losses for plaintiffs.

  • State of Delaware, Dep't of Natural Res. & Envtl. Control v. McGinnis Auto & Mobile Home Salvage, LLC

    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.

  • The Lima Delta Co. v. Gulfstream Aerospace Corp.

    Publication Date: 2019-02-27
    Practice Area: Commercial Law
    Industry: Aerospace
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jennifer L. Dering, Joseph A. Martin and Jeffrey Lubin, Martin Law Firm LLC for plaintiffs.
    for defendant: Brett D. Fallon, Morris James LLP; Gary L. Halbert, Holland & Knight LLP for defendants.

    Case Number: D68475

    The court granted defendants' motion to dismiss because: (1) plaintiffs' tort claims based on an aircraft crash were barred by the economic loss doctrine, (2) plaintiffs failed to allege their fraud claims with particularity, and (3) the statute of limitations barred the breach of warranty claim.

  • IDT Corp. v. U.S. Specialty Ins. Co.

    Publication Date: 2019-02-27
    Practice Area: Insurance Litigation | Telecommunications
    Industry: Insurance | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Brian M. Rostocki and Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY for plaintiffs.
    for defendant: John C. Phillips, Jr. and David A. Bilson, Phillips, Goldman, McLaughlin & Hall, P.A. Wilmington, DE; Alexander R. Karam and Addison Draper, Clyde & Co. US LLP, Washington, DC for U.S. Specialty Ins. Co.; Henry duPont Ridgely, John L. Reed, Ethan H. Townsend, Joseph G. Finnerty III, Megan Shea Harwick and Eric S. Connuck, DLA Piper LLP, Wilmington, DE and New York, NY for Nat'l Union Fire Ins. Co. Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Charles C. Lemley , Wiley Rein LLP, Washington, DC for XL Specialty Ins. Co.

    Case Number: D68474

    The court granted and denied portions of insurers' cross-motions for summary judgment regarding their duty to defend parties in an underlying shareholder action.

  • Murphy v. Delaware Transit Corp.

    Publication Date: 2019-02-20
    Practice Area: Expert Witnesses | Occupational Safety and Health
    Industry: State and Local Government | Transportation
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: A. Dale Bowers, Law Office of A. Dale Bowers, P.A., Wilmington, DE for Reginald Murphy.
    for defendant: John J. Klusman, Tybout Redfearn & Pell, Wilmington, DE for Delaware Transit Corp.

    Case Number: D68466

    The Industrial Accident Board's decision to deny a worker's claim for additional benefits was supported by substantial evidence.