Delaware Bad Faith Law

Karl W. McIntosh v. Allied World Insurance Company

Wilmington, Delaware insurance law lawyers represented the Plaintiff who sued on a bad faith breach of insurance contract theory. This case was filed in the Superior Court of DE, N22C-03-00087, and was removed to federal court by Allied World Insurance Company. There are no statutory grounds for a bad faith cause of action in Delaware. Damages recoverable in a bad faith claim inc... More...

$0 (04-15-2024 - DE)

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)

United States of America v. Patrick Titus

Wilmington, Delaware criminal defense lawyer represented Defendant charged with unlawfully distributing drugs and maintaining a drug involved premises. Patrick Titus, 58, of Milford, was convicted by a federal jury in July 2021 of 13 counts of unlawfully distributing and dispensing controlled substances and one count of maintaining a drug-involved premises. "This sentence is a re... More...

$0 (03-01-2022 - DE)

United States of America v. Pengcheng Lv

<center> <img width="400" src="https://www.ded.uscourts.gov/sites/ded/files/images/BLD2.jpg"> </center> Wilmington, DE - The United States of America charged Pengcheng Lv with wire fraud in connection with false representations that he made in a final report to the United States Air Force. Pengcheng Lv is a co-owner of AlphaSense, Inc. (“AlphaSense”), a small techn... More...

$0 (08-03-2020 - DE)

United States of America v. Zahid Aslam

<center> <img width="300" src="https://www.usmarshals.gov/district/de/locations/delaware.jpg"> </center> Wilmington, DE - Former Delaware Physician Sentenced To 30 Months Imprisonment For Making A False Statement To A Financial Institution Zahid Aslam, age 46, of Newark, Delaware, was sentenced to a 30-month prison sentence for making a false statement to a financial instituti... More...

$0 (06-13-2019 - DE)

James R. Adams v. Governor of Delaware

<center> <img width="300" src="https://www.usmarshals.gov/district/de/locations/delaware.jpg"> </center> James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to... More...

$0 (04-10-2019 - DE)

Tamra N. Robinson v. First State Community Action Agency

<center> <img width="300" src="https://www.usmarshals.gov/district/de/locations/delaware.jpg"> </center> Tamra Robinson was told by her manager Karen Garrett that her work performance was so poor that “you either don’t know what you’re doing, or you have a disability, or [you’re] dyslexic.” Taking Garrett’s words seriously, Robinson, who had never before considered the... More...

$0 (04-01-2019 - DE)

James R. Adams v. Governor of Delaware

<center> <img width="300" src="http://www.ded.uscourts.gov/sites/default/files/BLD2.jpg"> </center> James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to beca... More...

$0 (02-06-2019 - DE)

T Mobile Northeast, LLC v. City of Wilmington, Delaware

<center> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg/300px-Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg.png"> <h2> <h2> </h2> </center> No one likes bad cell phone reception or slow streaming data on their smartphone, ... More...

$0 (01-10-2019 - DE)

United States of America v. Ho Ka Terence Yung

<center><h2> Morelaw Internet Marketing <a href="http://www.morelaw.com/lawyers/recent.asp" target="_new"> National Find A Lawyer Directory</a> </h2> </center> Wilmington, DE - Form... More...

$0 (11-03-2018 - 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)

United States of America v. John Doe

Wilmington, DE - Third Stolen Christopher Columbus Letter Returned to the Vatican Following U.S. Attorney's Office for the District of Delaware and HSI Joint Investigation Today, and for the third time in two years, U.S. Attorney David C. Weiss for the District of Delaware and U.S. Immigration and Customs Enforcement (ICE) returned a more than 500-year-old copy of a Christopher Columbus�... More...

$0 (06-12-2018 - 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)

Brinckerhoff v. Enbridge Energy Company, Inc

The facts are drawn from the Complaint, the operative limited partnership agreements, other documents that are integral to the Complaint and matters of which the Court may take judicial notice. a. The Parties Plaintiff Peter Brinckerhoff (“Brinckerhoff” or “Plaintiff”), individually and as trustee of the Peter R. Brinckerhoff Rev. Tr. U.A. DTD 10/17/97 (the “Trust”)... More...

$0 (04-29-2016 - DE)

In Re: Trump Entertainment Resorts

The facts giving rise to this appeal are undisputed. The Debtors own and operate the Trump Taj Mahal casino in Atlantic City, New Jersey. The casino employs 2,953 employees, 1,467 of whom are unionized. UNITE HERE Local 54 is the largest of the employee unions, representing 1,136 employees. The most recent CBA between the Union and Taj Mahal was negotiated in 2011 for a three-year term. It co... More...

$0 (04-03-2016 - DE)

STATE OF DELAWARE v. LUIS REYES

The bodies of Brandon Saunders and Vaughn Rowe were discovered in a wooded area of Rockford Park in Wilmington, Delaware, on January 21, 1996. Nearly four years later, on December 6, 1999, Luis Reyes ("Reyes") and Luis Cabrera ("Cabrera") were indicted as co-defendants for the murders of Saunders and Rowe ("Rockford Park Murders").1 The State sought the death penalty for both Reyes and Cabrera in ... More...

$0 (03-13-2016 - 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)

Parker v. State Of Delaware

This 18th day of February 2016, upon consideration of the briefs of the parties and the record below, it appears to the Court that: (1) The appellant, Myron Parker (“Parker”), filed this appeal from the Superior Court’s June 24, 2015 Sentence Order. He requests that this Court vacate his sentence and remand his case for resentencing. On appeal, Parker asserts that the s... More...

$0 (02-19-2016 - DE)

State of Delaware v. Oneill Rose

Presently before the court is Defendant’s motion for post conviction relief ostensibly filed on June 20, 2014. In that motion Defendant did not assert any claims for relief. Instead he stated that “Movant cannot discern substantial grounds for relief. Movant speaks broken (Jamaica origin) English and does not read English well.” According to Defendant, his ground... More...

$0 (01-29-2016 - DE)

Mills v. State Of Delaware

This 6th day of January 2016, upon consideration of the appellant’s brief filed pursuant to Supreme Court Rule 26(c), his attorney’s motion to withdraw, and the State’s response, it appears to the Court that: (1) Shortly after midnight on July 29, 2013, a man described as wearing a gray mask, green tee shirt, fatigue-style camouflage shorts, and black work gloves, en... More...

$0 (01-09-2016 - DE)

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al.

In March 2011, two sophisticated investors (the “Walnut Investors”) acquired preferred units in PECO Logistics, LLC (“PECO” or the “Company”) and became parties to an LLC agreement that afforded them the voluntary right to sell their preferred units back to PECO three years later (the “Put Right”). The LLC agreement provides that, upon exercise of the Put Right... 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)

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)

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

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once part of a planned, but never used, industrial park owned by the University of Delaware. The land was acquired from the University by the State Department of Natural Resources and Environmental Control (“DNREC”), ... More...

$0 (12-01-2015 - DE)

Mary L. Rinnier v.Gracelawn Memorial Park Inc., et al

These are the facts as I find them after trial. The petitioner, Mary L. Rinnier (―Ms. Rinnier‖), is the mother of Laura Bowdoin (―Mrs. Bowdoin‖). Mrs. Bowdoin, who was married to the respondent, George Bowdoin (―Mr. Bowdoin‖), died in Pasco County, Florida on June 19, 2008. Mr. and Mrs. Bowdoin had one daughter, B., who was twelve at the t... More...

$0 (11-24-2015 - DE)

Aaron Houseman and Nancy Houseman v. Eric S. Sagerman, et al.

In 1996, Nancy Houseman and her husband Aaron Houseman (together the ―Housemans‖) formed Med-Legal, Inc.,2 which they sold to Universata, Inc. (―Universata,‖ or the ―Company‖) in 2006 for a seven-year stream of payments totaling approximately $9 million.3 In 2009, after the Company had difficulty making their payments, the Housemans and Uni... More...

$0 (11-20-2015 - DE)

State of Delaware v. Alley.

On August 28, 2014, Alley pled guilty to one count of Robbery Second Degree and one count of Theft of a Motor vehicle in connection with the above captioned case numbers. A pre-sentence investigation was order with sentencing at a later date. On December 1, 2014, as contemplated by the express terms of the guilty plea agreement signed by Alley, the State filed a motion to de... More...

$0 (11-17-2015 - DE)

Jones v. State Of Delaware

Kyran Jones appeals from his October 10, 2014 Superior Court conviction for first degree assault, attempted robbery, and two counts of possession of a firearm during the commission of a felony. The court sentenced Jones to eleven years of incarceration. Jones challenges his conviction on two grounds. First, he argues a statement made by the prosecutor in the State’s closi... More...

$0 (11-11-2015 - 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)

Doberstein v. G-P Industries, Inc.

Plaintiff, Anne L. Doberstein, is an individual who primarily works and resides in Switzerland. Doberstein also owns a residence located at 103 East Pembrey Drive in Wilmington, Delaware. In October 2012, Doberstein entered into a contract with G-P (the “Agreement”), under which G-P agreed to serve as the general contractor on a significant home renovation project at Dober... More...

$0 (11-01-2015 - DE)

Ernesto Espinoza v. Mark Zuckerberg, et al

This case presents a question of first impression: Can a disinterested controlling stockholder ratify a transaction approved by an interested board of directors, so as to shift the standard of review from entire fairness to the business judgment presumption, by expressing assent to the transaction informally without using one of the methods the Delaware General Corporation Law... More...

$0 (10-28-2015 - 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)

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)

In re TIBCO Software Inc. Stockholders Litigation

This decision is round two of an action in which a stockholder of TIBCO Software Inc. challenges the per-share consideration that a private equity fund (“Vista”) agreed to pay to acquire TIBCO in a merger that closed on December 5, 2014. The merger agreement provided for stockholders to receive $24 per share. Based on the number of fully diluted shares of TIBCO outstandin... More...

$0 (10-20-2015 - DE)

Hartley v. Consolidated Glass Holdings, Inc

To understand the arguments that have been raised in this case, it is easier first to describe what HFA is not, rather than what it is. HFA is not a recorded subdivision in Sussex County. There is no plot plan, recorded or otherwise, showing the numbered lots within HFA. Instead, HFA consists of several parcels of land along a private road near Bridgeville.1 These parcels w... More...

$0 (10-04-2015 - DE)

Garnet O'Marrow and Clarence Gardner v. Dean P. Roles, Jr., d/b/a D&M Training

To understand the arguments that have been raised in this case, it is easier first to describe what HFA is not, rather than what it is. HFA is not a recorded subdivision in Sussex County. There is no plot plan, recorded or otherwise, showing the numbered lots within HFA. Instead, HFA consists of several parcels of land along a private road near Bridgeville.1 These parcels w... More...

$0 (10-04-2015 - 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)

In re: ICL HOLDING COMPANY, INC., et al.

At the start of 2012, LifeCare Holdings, Inc. (“LifeCare”),1 once a leading operator of long-term acute care hospitals, was struggling financially. Management blamed its condition on Hurricane Katrina’s destruction of three of the company’s facilities and growth-stunting federal regulations that followed the 2005 natural disaster. Because of the weight of its debt load ($484 million, of ... More...

$0 (09-27-2015 - DE)