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Publication Date: 2022-05-31
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Sykema Young, pro se appellant.
for defendant: Emily K. Silverstein, White and Williams, LLP, Wilmington, DE; Victoria Groff, Department of Justice, Wilmington, DE for appellees.
Case Number: D69835
Appeal from referee's denial of unemployment benefits dismissed as untimely where applicant failed to demonstrate circumstances warranting the acceptance of her untimely appeal.
Publication Date: 2022-05-24
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Robert J. Leoni, Shelby & Leoni, Wilmington, DE for plaintiffs.
for defendant: Colleen D. Shields, Eckert, Seamans, Cherin & Mellott LLC, Wilmington, DE for defendant.
Case Number: D69829
Court excluded expert testimony to the extent it opined about corporate defendant's state of mind or the reasonableness of its actions or attempted to offer a legal conclusion, since such testimony would usurp the fact-finding province of the jury.
Publication Date: 2022-05-17
Practice Area: Labor Law
Industry: Construction | Insurance
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Elissa A. Greenberg, Elzufon Austin & Mondell, PA for plaintiff.
for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel Carter Roman Peltz & O’Neill, PA; William A. Crawford, Franklin & Prokopik for defendants.
Case Number: D69815
Employer's workers' compensation insurer was not entitled to assert a lien on any underinsured motorist coverage recovery obtained by an injured worker from the employer's auto insurer, where the Workers' Compensation Act only permitted reimbursement from a third-party tortfeasor or their insurer.
Publication Date: 2022-02-08
Practice Area: Insurance Litigation
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Eric K. Monzo, Morris James LLP, Wilmington, DE for plaintiffs.
for defendant: Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
Case Number: D69708
Motion to amend to add bad faith claim denied as futile where the parties had engaged in good faith litigation about the availability of coverage under the policy.
Publication Date: 2021-12-28
Practice Area: Contracts
Industry: Entertainment and Leisure | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Theodore A. Kittila, James G. MacMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE; Eric M. George, Kim S. Zeldin, Browne George Ross LLP, Los Angeles CA for plaintiffs.
for defendant: Robert K. Beste, Jason Z. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Marvin S. Putnam, Jessica Stebbins Bina, R. Peter Durning, Jr., Latham & Watkins LLP, Los Angeles, CA for defendants.
Case Number: D69659
Motion of law firm to intervene to attach an attorney's lien for a judgment for unpaid legal fees denied where firm's right to attach the lien was contractually limited only to causes of actions that were the subject of the engagement agreement, and the firm sought to intervene in a completely unrelated legal action.
Publication Date: 2021-12-21
Practice Area: Mergers and Acquisitions
Industry:
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Steven L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for plaintiff.
for defendant: John P. DiTomo, Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE, Lynn K. Neuner, Rachel S. Bradley, Simpson, Thatcher & Bartlett LLP, New York, NY for defendants.
Case Number: D69648
The court ordered plaintiff to produce emails from their privilege log, finding that the emails were not protected by attorney-client privilege.
Publication Date: 2021-12-14
Practice Area: Contracts
Industry: Health Care | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Dominick T. Gattuso, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Anthony J. O’Malley, Rajeev K. Adlakha, Karey E. Werner, Vorys, Sater, Seymour and Pease LLP, Cleveland, OH for plaintiffs
for defendant: D. McKinley Measley, Sabrina M. Hendershot, Michael J. Slobom, Jr., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Britt K. Latham, Bass Berry & Sims PLC, Nashville, TN; Shayne R. Clinton, Bass Berry & Sims PLC, Knoxville, TN for defendants
Case Number: D69642
The court held that plaintiffs properly pled claims of both breach of contract and breach of the implied covenant of good faith and fair dealing; at the pleadings stage, plaintiffs were allowed to maintain both claims. Motion to dismiss denied.
Publication Date: 2021-12-14
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Steven M. Miller, K. Tyler O’Connell, Barnaby Grzaslewicz, Morris James, Wilmington, DE; John F. Isbell, Law Offices of John F. Isbell, LCC, Atlanta, GA for plaintiffs.
for defendant: Michael A. Weidinger, Megan Brison, Pickney, Weidinger, Urban & Joyce LLC, Wilmington, DE; Joshua Krakowsky, Davidoff Hutch-er & Citron LLP, New York, NY for defendant.
Case Number: D69641
The court held that the promissory notes at issue contained plain, unambiguous terms that did not waive the unsecured credi-tor's right to agree to any modification of the agreement such that defendant's unilateral modification of the due date of the promissory notes was invalid. Motion for judgment on the pleadings granted.
Publication Date: 2021-11-16
Practice Area: Contractual Disputes
Industry: Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Karen E. Keller, Jeff Castellano, Shaw Keller LLP, Wilmington, DE; Bijal Vakil, Jeremy T. Elman, White & Case LLP, Palo Alto, CA for plaintiff.
for defendant: Jack B. Blumenfeld, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John S. Letchinger, Baker & Hostetler LLP, Chicago, IL, Jared A. Brandyberry, Baker & Hostetler LLP, Denver, CO for defendants.
Case Number: D69610
The court held that 1) plaintiff established personal jurisdiction over defendant Singapore Telecommunications Limited, or Singtel, as to the breach of contract claim by virtue of Singtel' s consent to the forum selection clause, 2) plaintiff failed to establish personal jurisdiction over Singtel as to the patent infringement claim and 3) Singtel established good cause to stay plaintiff's breach of contract claim against it.
November 3, 2021 | Delaware Law Weekly
Smartmatic also sued Newsmax in Delaware Superior Court. The complaint alleges that Newsmax "has wanted to be the next Fox News," but found it couldn't do so "by publishing fact-based news."
4 minute read
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