Delaware 1983 Law

Elmer Daniels v. United States of America, et al.

Wilmington, Delaware personal injury lawyers represented the Plaintiff who sued the Defendants on Federal Tort Claim Act civil rights violation theories. <h2>The Complaint</h2> Plaintiff Elmer Daniels, by his undersigned attorneys, files this Complaint against the United States of America, Michael P. Malone, the City of Wilmington, Philip Saggione III, and John Does ... More...

$0 (12-11-2020 - DE)

Elmer Daniels v. United States of America, et al.

Plaintiff Elmer Daniels, by his undersigned attorneys, files this Complaint against the United States of America, Michael P. Malone, the City of Wilmington, Philip Saggione III, and John Does 1-10 for violating his rights and causing his wrongful incarceration. He alleges as follows: INTRODUCTION 1. In 1980, Elmer Daniels, an 18-year-old black male, was wrongfully convicted of ... More...

$0 (07-06-2023 - DE)

<H2> Debra R. Thompson v. State of Delaware Department of Services for Children, et al.

Wilmington, Delaware civil rights lawyers represented Plaintiff, who sued Defendants under 42 U.S.C. Â§ 1983 for violations of her right to due process and under state law against the State of Delaware Department of Services for Children, Youth and their Families ("DSCYFâ€) and several individual defendants after Thompson was demoted and eventually terminated from DSCYF. The District Court ... More...

$0 (08-22-2022 - DE)

Charles Fax v. David S. Tuohey, Carlo R. Pini, Robert Willoughy, Jeffrey Gliem, Mark Hogate, Delaware Department of Safety and Homeland Security, Delaware Department of Correction

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Never Miss Another New Client Call </h1> </center> Wilmington, DE - Charles Fax sued David S. Tuohey, Carlo R. Pini, Robert Willoughy, Jeffrey Gliem, Mark Hogat... More...

$0 (06-06-2019 - DE)

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ <table> <td>

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mothe... More...

$0 (09-09-2018 - DE)

Marjo Alberto Lopez Garza v. Citigroup, Inc.

Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action 3 and files a second action against the same defendant based upon a claim asserted in the first action to pay the “costs” incurred by the defendant in the first action. The issue presented (one of first impression in this Court) is whether a district court may award a... More...

$0 (02-23-2018 - DE)

Marino v. Patriot Rail Company LLC

The facts are drawn from the affidavits and supporting documents that the parties submitted in connection with their motions for summary judgment. The parties agreed in their briefs and at oral argument that there were no disputes of material fact that would affect the outcome. Pursuant to Court of Chancery Rule 56(h), the cross-motions therefore became “the equivalent of a s... More...

$0 (03-01-2016 - DE)

Franks v. State Of Delaware

In 1992 Jermaine Wright was convicted of Murder in the First Degree, Robbery in the First Degree, and related weapons offenses for his involvement in what was known as the Hi-Way Inn murder/robbery. The Superior Court imposed the death penalty for his conviction of Murder in the First Degree. Prior to trial, Wright moved to suppress a statement he had given to police. He alleged... More...

$0 (01-13-2016 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources & Environmental Control, et al.

The Plaintiff filed his Verified Complaint on October 11, 2012. The Complaint alleged seven counts against the Defendants: Count I alleges that DNREC violated numerous statutes to illegally build the Turbine; Count II alleges that the City violated statutes and zoning ordinances to illegally issue the Building Permit; Counts III and IV allege violations of the Delaware Freedom... More...

$0 (01-01-2016 - DE)

SIGA Technologies, Inc. v. PharmAthene

In 2004, SIGA acquired technology for ST-246, an antiviral drug for the treatment of smallpox. At that time, the viability, potential uses, safety, and efficacy of the drug, as well as the likelihood of SIGA obtaining regulatory approval or making sales to the government, were, as is typical in this industry, uncertain. By late 2005, SIGA was running out of money, its largest shareholder, MacAndr... More...

$0 (12-23-2015 - DE)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖) for a limited purpose. After raising money from investors, the Partnership would purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial public offering. Preferably once Facebook had completed a successful IPO, the Partnership would distribute to its in... More...

$0 (12-20-2015 - DE)

Glanden v. Quirk

Husband and Wife were married for twenty-two years. They separated in September 2012, and their divorce became final in 2013. The couple had over $6 million in assets, including a $1.5 million house, investment accounts, retirement accounts, and other property. Husband worked as an associate and then as a partner in a major law firm, earning a substantial income. In May 2... More...

$0 (12-07-2015 - DE)

RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court, counsel for RBC emphasized that RBC “intentionally made appellate arguments that do not require this Court to review findings of fact.” Although RBC has chosen to avoid any direct and specific challenge to the facts as found by the trial court, this Court, nevertheless, has examined the appel... More...

$0 (12-01-2015 - DE)

RAYMOND EXPRESS INTERNATIONAL, LLC v. USA

This protest poses four principal questions. First, did the somewhat imprecise identification of the business entity in MPG’s proposals invalidate the contract award to MPG? Second, were MPG’s “business references” proper sources of past performance data for MPG? Third, did DeCA rate and weigh the past performance data for MPG and IDI as required by the evaluation scheme set forth in th... More...

$0 (11-18-2015 - DE)

Palisades Collection, LLC, et al. v. Unifund CCR Partners, et al.

The Palisades Parties and the Unifund Parties had a long-standing, continuous and ongoing relationship. Pursuant to a Master Servicing Agreement, executed on May 28, 2003 (as amended and restated, the “MSA”), the Palisades Parties purchased certain portfolios of uncollected consumer debt, retained Unifund to service the portfolios for a Base Fee, and the parties shared the... More...

$0 (11-03-2015 - DE)

Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary, Revolution. Tidel‟s majority stockholder, however, had high expectations for Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were separated into two indep... More...

$0 (11-01-2015 - DE)

Finger Lakes Capital Partners, LLC v. Honeoye Lake Acquisition, LLC, et al

Plaintiff Finger Lakes Capital Partners, LLC (“Finger Lakes”) is a small and struggling asset management firm. Over the course of a decade, Finger Lakes sponsored investments in five portfolio companies. Each time, Finger Lakes formed a different Delaware limited liability company as a special purpose vehicle for the investment. Non-party Lyrical Partners, L.P. (“Lyrical�... More...

$0 (10-27-2015 - DE)

Merion Capital LP and Merion Capital II LP v. BMC Software, Inc.

BMC is a software company—one of the largest in the world at the time of the Merger—specializing in software for information technology (―IT‖) management.3 Specifically, BMC sells and services a broad portfolio of software products designed to ―simplif[y] and automate[] the management of IT processes, mainframe, distributed, virtualized and cloud computin... More...

$0 (10-21-2015 - DE)

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over 900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three depositions. The following facts were proven by a preponderance of the evidence. Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, ... More...

$0 (10-20-2015 - DE)

Corwin, et al. v. KKR Financial Holdings LLC., et al

The plaintiffs filed a challenge in the Court of Chancery to a stock-for-stock merger between KKR & Co. L.P. (―KKR‖) and KKR Financial Holdings LLC (―Financial Holdings‖) in which KKR acquired each share of Financial Holdings‘s stock for 0.51 of a share of KKR stock, a 35% premium to the unaffected market price. Below, the plaintiffs‘ primary argume... More...

$0 (10-04-2015 - DE)

Deutsche Bank National Trust Company v. Helene Hines, Jeffrey Hines, and George Edward Kennedy

The background of this case is lengthy and somewhat complicated. On June 7, 2004, Defendant Helene Hines conveyed real property located at 302 S. Ocean Drive, South Bethany, Delaware (hereinafter “the Property”), to Villa Oceana, LLC.4 Thereafter, by deed dated February 25, 2005, Villa Oceana, LLC conveyed the Property to Defendants Jeffrey Hines and Helene Hines as tena... More...

$0 (09-18-2015 - DE)

Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company organized under the laws of the Island of Guernsey, Channel Islands in August 2006 The facts are drawn from the allegations in the plaintiffs‟ First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants‟ motion to dismiss, as well as documents integr... More...

$0 (09-14-2015 - DE)

T&H Bail Bonds, Inc., et al. v. Preferred Investment Services, Inc., et al

Preferred Investment Services, Inc., (“PISI”) was a Delaware corporation involved in the financing of cash bails that were posted in various Delaware courts by T&H Bail Bonds, Inc. Edwin Swan was the owner and principal of PISI. Plaintiffs (in this action) are T&H and the other named individuals who were originally co-defendants in the Chancery Court case. The contract b... More...

$30700 (09-01-2015 - DE)

Lieberman v. Electrolytic Ozone, Inc.

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC (“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank (“IDB”). That case, which the parties have referred to as the “Related Action,” involved the mishandling of c... More...

$0 (08-31-2015 - DE)

Israel Discount Bank of New York v. Higgins, et al.

In a prior decision issued May 29, 2013, Israel Discount Bank of New York v. First State Depository Co., LLC,1 I determined the liability of First State Depository Co., LLC (“FSD”), and Certified Assets Management, Inc. (“CAMI”), to Israel Discount Bank (“IDB”). That case, which the parties have referred to as the “Related Action,” involved the mishandling of c... More...

$0 (08-31-2015 - DE)

SHAUN ANDRIKOPOULOS and MICHAEL A. SANTER v. SILICON VALLEY INNOVATION COMPANY, LLC,

The main dispute between the parties is the narrow, but previously unanswered legal question of whether, in the context of a receivership estate under Delaware law, advancement claims are administrative expenses or unsecured creditor claims. If Plaintiffs’ claims are entitled to some sort of priority, there is an even narrower sub-issue of whether the Receiver’s salary and... More...

$0 (07-30-2015 - de)

Fox v. CDX Holdings, Inc.

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held Delaware corporation. Through subsidiaries, it operated three business units: Caris Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable. TargetNow generated revenue but not profits. Carisome was in the developmental stage. To achieve the dual goals... More...

$16260332 (07-28-2015 - DE)

Trinity Wall Street v. Wal-Mart Stores, Inc.

“[T]he secret of successful retailing is to give your customers what they want.” Sam Walton, SAM WALTON: MADE IN AMERICA 173 (1993). This case involves one shareholder’s attempt to affect how Wal-Mart goes about doing that. Appellant Wal-Mart Stores, Inc., the world’s largest retailer, and one of its shareholders, Appellee Trinity Wall Street—an Episcopal pari... More...

$0 (07-06-2015 - DE)

Longpath Capital, LLC v. Ramtron International Corporation

In this appraisal action, the petitioner asks the Court to determine the fair value of its shares in the respondent. On November 10, 2012, a third party acquired the respondent in a hostile cash merger for $3.10 per share. The deal had an equity value of approximately $110 million and paid a 71% premium over the respondent's unaffected stock price of $1.81. The petitioner acqui... More...

$0 (06-30-2015 - DE)

Wardell Leroy Giles v. Gary Campbell

Wardell Leroy Giles appeals the District Court's denial of his motion to substitute Gary Campbell's estate as a defendant pursuant to Federal Rule of Civil Procedure 25(a). For the reasons that follow, we will vacate the District Court's order and remand for further proceedings consistent with this opinion. . I. Giles was a prisoner serving time in the Delaware penal system at all ti... More...

$0 (10-16-2012 - DE)

Karen Collins v. Peter F. Binnion, M.D.

Karen Collins sued Peter F. Binnion, M.D. on a civil rights violation theory under 42 U.S.C. 1983 alleging personal injuries as a result of her rights. She also sued Correctional Medical Services Inc. and Correctional Medical Services of Delaware Inc. on respondeat superior theories claiming that Dr. Binnion was acting on their behalf when he harmed Plaintiff.... More...

$0 (02-15-2012 - DE)

Jane Doe v. Indian River School District

The Indian River School Board (the "Boardâ€) has a long-standing policy of praying at its regularly-scheduled meetings, which are routinely attended by students from the local school district. Appellants argue that the Board"s policy is unconstitutional under the Establishment Clause of the First Amendment. The Board claims that a school board is like a legislative body and that its practice ... More...

$0 (08-08-2011 - DE)

Courtland C. Pitts v. State of Delaware

It is only on rare instances that a jury"s verdict in a civil case should be overturned. This appeal presents the question whether this is such a case. Courtland Pitts filed a Complaint against Corporal Gregory Spence of the Delaware State Police, asserting claims under 42 U.S.C. Â§ 1983 and state law. After a trial, a jury found in favor of Pitts on two of his four claims. The District Court gr... More...

$0 (06-17-2011 - DE)

Santosh Reddy, M.D. v. The PMA Insurance Company

The defendant-appellant, Dr. Santosh Reddy ("Dr. Reddyâ€), appeals from the final judgment that was entered by the Superior Court in favor of the plaintiffs-appellees, PMA Insurance Co. and CNA Insurance Co., as subrogees of Harbor Health Care and Rehabilitation Center, Inc. (collectively known as "Harbor Healthâ€). Dr. Reddy raises two issues in this appeal. First, he contends that the ... More...

$0 (05-31-2011 - DE)

W. Denver Garrison, Jr. v. Red Clay Consolidated School District

This is an appeal by a public school teacher who claims that he was wrongfully terminated for failing to complete a required mentoring program. Appellant participated in the mentoring program during his first two years, but did not attend all the mentoring sessions during his third year. At issue is whether that third year of mentoring was required, given Appellant's prior teaching experience in a... More...

$0 (08-23-2010 - DE)

C.H. v. Cape Henlopen School District

This appeal arises from an order of the District Court, entered July 22, 2008, granting summary judgment in favor of the Cape Henlopen School District (the "Districtâ€) and denying appellants' claim for reimbursement of private school tuition and other related costs for their disabled child under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Â§ 1400, et seq. Appellants c... More...

$0 (05-27-2010 - DE)

Emmanuel N. Lazaridis v. Lavina Tina Wehmer

Pro se appellant Emmanuel Lazaridis filed a complaint in the United States District Court for the District of Delaware raising various constitutional and statutory claims relating to child custody proceedings and the registration of foreign custody orders in the state of Delaware against his ex-wife, her attorneys, and the Delaware Attorney General. Lazaridis now appeals from the District Court's ... More...

$0 (01-07-2010 - DE)

Martek Biosciences Corp. v. Nutrinova, Inc.

In this patent infringement action, Nutrinova, Inc.; Nutrinova Nutrition Specialties and Food Ingredients GmbH; and Lonza, Ltd. (collectively "Lonzaâ€) appeal from the final judgment of the United States District Court for the District of Delaware that Lonza infringed certain specified claims of Martek's U.S. Patent Nos. 5,340,594 ("the '594 patentâ€) and 6,410,281 ("the '281 patentâ€... More...

$0 (09-03-2009 - DE)

Wendell Gorum, Ph.D. v. Allen L. Sessoms, Ph.D., Board of Trustees of Delaware State University

Wendell Gorum, Ph.D., appeals the District Court's grant of summary judgment in favor of Allen Sessoms, Ph.D., President of Delaware State University ("DSUâ€), and the DSU Board of Trustees (the "Boardâ€).1 Gorum alleged that Sessoms retaliated against him for engaging in speech and association protected by the First Amendment to the United States Constitution.2 For the reasons that foll... More...

$0 (04-03-2009 - DE)

Nelson Lora-Pena v. Federal Bureau of Investigation, et al.

This is an appeal from the District Court's dismissal of Nelson Lora-Pena's civil complaint. For the following reasons, we will vacate the District Court's order and remand the case for further proceedings. On July 20, 2006, Appellant, an inmate at United States Penitentiary-Canaan, initiated a pro se civil action against a Pennsylvania state trooper, various U.S. Marshals, the U.S. ... More...

$0 (06-24-2008 - DE)