Delaware Imputed Fault Law

Alexander Wimbush v. BP Exploration & Production Inc., et al.

Wilmington, Delaware personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory. "Delaware personal injury negligence law governs situations where someone gets hurt due to another party's carelessness or failure to act reasonably. Here's a breakdown of key aspects: Duty of care: Property owners, businesses, and individuals all have a duty of ca... More...

$0 (01-08-2024 - DE)

United States of America v. Hunt Companis, Inc.

Wilmington, Delaware Hunt Companies, Inc. ("Huntâ€), one of the largest providers of privatized military housing to the U.S. Armed Forces, has agreed to a $500,000.00 settlement with the government to resolve allegations of fraud at the Dover Air Force Base arising under the False Claims Act. Hunt provides privatized military housing at Dover Air Force base. For its services, Hunt ... More...

$0 (01-06-2022 - DE)

United States of America v. Dr. Eranga Haththotuwa

Wilmington, Delaware false claims act lawyer represented Eranga Cardiology, P.A. and Dr. Eranga Haththotuwa who were accused with committing health care fraud arising under the False Claims Act. Eranga Cardiology is a cardiology practice with locations in Milford and Dover. From April 2014 to March 2020, the practice submitted claims for reimbursement to Medicare and Medicaid that requi... More...

$0 (11-13-2020 - 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)

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)

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)

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)

State Farm Mutual Automobile Insurance Co. v. Kelty

Because the facts are not in dispute and have been discussed in previous opinions by this Court4 and the Superior Court,5 we need not recite them in detail. On August 3, 2008, Kelty was helping his mother-in-law, Shirley Lovegrove, and her husband, John Lovegrove, trim tree branches on their property. Before Kelty, who was standing in the tree, cleared a branch, he would fast... 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)

Microsoft Corporation v. Patent Revue Partners, et al.

Plaintiff, Microsoft Corporation (“Microsoft”), is a Washington corporation with its principal place of business at One Microsoft Way, Redmond, Washington. Microsoft continuously has owned Series F Preferred Stock in Nominal Defendant Vadem Ltd. since 1999. Nominal Defendant Vadem, Ltd. (“Vadem,” “Vadem BVI,” or the “Company”) is a privately held international... More...

$0 (10-18-2015 - DE)

Eitan Konstantino v. AngioScore, Inc., et al.

Plaintiff Dr. Eitan Konstantino was one of the founders of Angioscore. Konstantino served as an officer of AngioScore from its formation in 2003 until March 31, 2007, and as a director of AngioScore from 2003 until February 5, 2010. AngioScore is a Delaware corporation. It develops, manufactures, and markets the AngioSculpt Scoring Balloon Catheter (“AngioSculpt”) for bo... More...

$0 (10-04-2015 - DE)

In re Duke Energy Corporation Coal Ash Derivative Litigation

Plaintiffs have sued current and former directors of Duke Energy Corporation (the “Company”) for alleged fiduciary failings which are said to have caused (or partly caused) certain coal ash releases in North Carolina, exposing the Company to civil, criminal, and regulatory liability. The Defendants have moved to stay this action while the Company defends against parallel l... More...

$0 (08-31-2015 - DE)

Doroshow, Pasquale, Krawitz & Bhaya v. Nanticoke Memorial Hospital, Inc.

Nanticoke Memorial Hospital filed a $160,958 hospital lien for the cost of Maria Acosta's medical treatment resulting from a car accident on July 11, 2003. The law firm of Doroshow, Pasquale, Krawitz, & Bhaya represented Acosta in a personal injury claim against the tortfeasor who caused her injuries. Nationwide Assurance Company paid $19,671.49 to settle her claim. Nanticoke argues that its hospi... More...

$0 (01-23-2012 - 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)

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 claimâ€ 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 ("Staytonâ€), from a final judgment entered by the Superior Court in favor of the defendants-appellees, Clariant Corporation ("Clariantâ€) and Polymer Color North America, Inc. ("Polymer Colorâ€). The Superior Court granted the defendant's motion to dismiss Stayton's Amended Complaint on the basis that it was barred by the ... More...

$0 (12-13-2010 - DE)

Kuhn Construction, Inc. v. Diamond State Port Corporation

Kuhn Construction Company submitted the lowest bid to reconstruct a wharf for Diamond State Port Corporation, but later disputed construction and engineering plans. When DSPC's executive director asserted that their contract's referee clause allowed him to arbitrate disputes between the parties, Kuhn sued to enjoin arbitration. The Vice Chancellor granted DSPC's motions to dismiss and compel arbit... More...

$0 (03-08-2010 - DE)

Joseph Rapposelli v. State Farm Mutual Automobile Insurance Company

An underinsured driver struck Joseph Rapposelli's vehicle with her vehicle. Rapposelli's insurer, State Farm, rejected his offer to settle his claim for damages in excess of the bodily injury coverage provided by the admitted tortfeasor under Rapposelli's underinsured motorist coverage. In the following tort action, a jury awarded compensatory damages in excess of the tortfeasor's bodily injury co... More...

$0 (02-10-2010 - DE)

Joseph Rapposelli v. State Farm Mutual Automobile Insurance Company

An underinsured driver struck Joseph Rapposelli's vehicle with her vehicle. Rapposelli's insurer, State Farm, rejected his offer to settle his claim for damages in excess of the bodily injury coverage provided by the admitted tortfeasor under Rapposelli's underinsured motorist coverage. In the following tort action, a jury awarded compensatory damages in excess of the tortfeasor's bodily injury co... More...

$85000 (01-28-2010 - DE)

Edith White v. Liberty Insurance Corporation

The plaintiff-appellant, Edith White, appeals from the final judgment of the Superior Court granting the motion to dismiss of the defendantappellee, Liberty Insurance Corp. ("Libertyâ€). White contends that the Superior Court erred when it granted Liberty's motion to dismiss her complaint. First, she claims that a proper analysis under title 18, section 3902 of the Delaware Code focuses on th... More...

$0 (06-17-2009 - DE)

Joyce O'Neal, etc. v. State Farm Mutual Automobile Insurance Company, et al.

Joyce O'Neal, as Administrator of the Estate of Elizabeth Reader, appeals from a Superior Court order granting State Farm's motion for summary judgment. After drinking several beers and smoking crack cocaine, Reader embarked on a personal errand in a van owned by her employer and insured by State Farm. Around midnight on July 10, 2006, she pulled that van onto the shoulder of I-495. For reasons un... More...

$0 (07-23-2009 - DE)

Tina A. Atwell and Ashley Atwell v. RHIS, Inc. dba Reliable Home Inspeaction Service

Tina Atwell filed suit in the Superior Court herself and on behalf of her daughter, Ashley Atwell, against Reliable Home Inspection Service, Lititz Mutual Insurance Company, and Richard Davis. Atwell and Davis settled before trial. The trial judge granted Lititz's motion for summary judgment and the trial proceeded against Reliable. The jury returned a unanimous verdict in favor of Reliable. Atwel... More...

$0 (05-22-2009 - DE)

<a href="http://courts.state.de.us/opinions/(z2vl1s555hnptyj3h3kpw5mi)/download.aspx?ID=39980" target="_new">Marla R. Eskin, Administratrix of the Estate of Robert P. Chickadel v. Barbara A. Carden</a>

In this appeal we address for the first time whether biomechanical expert testimony may be admitted in Delaware courts to address the relationship between the physical forces involved in an automobile accident and the cause and severity of an occupant's alleged injuries. In doing so, we take the opportunity to address and clarify Davis v. Maute,1 in an attempt to provide guidance to Delaw... More...

$580000 (02-16-2004 - DE)

<a href="http://courts.state.de.us/supreme/ordsops/709-2002.pdf" target="_new">John E. Miller v. State of Delaware</a>

Criminal Law - Felony: The defendant-appellant, John E. Miller, filed an appeal from the Superior Court's December 2, 2002 order denying his motion for postconviction relief. The Court has before it for consideration the briefs on appeal and the record below. On April 13, 1998, Miller pleaded guilty to Robbery in the First Degree. He was later sentenced as an habitual offender1 to thirty ye... More...

$0 (12-23-2003 - DE)

<a href="http://courts.state.de.us/supreme/ordsops/302-2003.pdf" target="_new">Darlene Owens v. Kenneth W. Kelly</a>

(1) The plaintiff below-appellant, Darlene Owens, appeals from (a) a Superior Court judgment based upon a jury verdict in favor of the defendant below-appellee, and (b) the trial court's denial of the plaintiff's motion for a new trial, in this action to recover damages for personal injuries. We find no merit to the appeal and, accordingly, affirm. (2) The Superior Court action arose ou... More...

$0 (12-10-2003 - DE)