Delaware Deliberate Indifference 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.

The Complaint




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. AMY GONZALEZ

UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ


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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 mother and ... More...    $0 (09-09-2018 - 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)

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 sentenc... More...
   $0 (02-19-2016 - 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 appellate... More...
   $0 (12-01-2015 - 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 closing... More...
   $0 (11-11-2015 - 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)

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 outstanding, w... More...
   $0 (10-20-2015 - DE)

TCV VI, L.P. v. TradingScreen, Inc

Defendant TradingScreen Inc. (“TradingScreen”) is contractually obligated
to redeem its preferred shares held by Plaintiffs TCV VI, L.P. and TCV Member
Fund, L.P. (“Plaintiffs”). It has invoked 8 Del. C. § 154 to avoid paying and
asserts that full payment would threaten its ability to continue as a going concern.
TradingScreen will seek to show at trial that its Special Commi... More...
   $0 (09-26-2015 - 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 collateral—rare 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 collateral—rare c... More...
   $0 (08-31-2015 - 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 parish headqua... 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 acq... 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 ... More...
   $0 (10-16-2012 - DE)

Jane Doe v. Indian River School District

The Indian River School Board (the “Board”) 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)

Estate of Sally Jackson v. Genesis Health Ventures

Sally Jackson appeals from a Superior Court order affirming the judgment of the Industrial Accident Board denying her claim for total disability compensation. She claims that both the IAB and the Superior Court erroneously denied her claim, because her retirement does not bar her ability to receive workers’ compensation benefits. Because the record contains sufficient evidence to support the IAB... More...    $0 (07-01-2011 - DE)

Michelle Deuley v. Dyncorp Internationa Incorporate

In this appeal we consider whether a Superior Court judge erred by holding that under Delaware law the liability clause in civilian police officers’ employment contracts released claims arising out of injuries suffered in Afghanistan. The complainants contend that the liability clause and relevant language purporting to release “any claim” is insufficient to release their employer and its af... More...    $0 (12-08-2010 - DE)

Rocky Stayton v. Clariant Corporation

This is an appeal by the plaintiff-appellant, Rocky Stayton (“Stayton”), from a final judgment entered by the Superior Court in favor of the defendants-appellees, Clariant Corporation (“Clariant”) and Polymer Color North America, Inc. (“Polymer Color”). The Superior Court granted the defendant’s motion to dismiss Stayton’s Amended Complaint on the basis that it was barred by the De... More...    $0 (12-13-2010 - DE)

Reserves Development, L.L.C. v. Crystal Properties, L.L.C.

In this second appeal from the Superior Court, Reserves1 seeks a reversal of the trial judge’s reduction in damages awarded to Reserves for breach of contract and misrepresentation. Reserves argues that the trial judge erred when he offset damages based on conclusions that were unsupported by the record and the product of an illogical deductive process. With the exception of the offset of $5,461... More...    $0 (11-04-2009 - DE)

Eddie Porter and Commercial Truck Services, Inc. v. Robert L. Turner

A Superior Court jury found defendant-appellant Eddie Porter responsible for an automobile accident in Newark and awarded plaintiff-appellee Robert Turner $538,000 compensatory damages and $107,000 punitive damages. Porter argues that a Superior Court judge erred when he (1) denied Porter' s motion for a directed verdict on punitive damages, (2) admitted Turner's economist's lost income and f... More...    $538000 (06-24-2008 - DE)

JULIAN BODNARI v. STATE OF DELAWARE

This 3rd day of December, 2003, on consideration of the briefs and arguments of the parties, it appears to the Court that: 1) Julian Bodnari appeals from his convictions, following a jury trial, of trafficking in cocaine, possession of a firearm during the commission of a felony, carrying a concealed deadly weapon, and numerous other related offenses. He argues that his convictions should be ... More...    $0 (12-03-2003 - DE)

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