Delaware Intentional Tort Law

In re: Boy Scouts of America, et al., Debtors

Wilmington, Delaware, bankruptcy lawyers represented the parties. The Coalition of Abused Scouts for Justice (the "Coalitionâ€), an ad hoc group of sexual abuse tort claimants who participated in the bankruptcy of the Boy Scouts of America and Delaware BSA, LLC (the "Debtorsâ€), appeals the District Court's order affirming the Bankruptcy Court's order denying the Coalition's req... More...

$0 (11-21-2025 - DE)

In re: Boy Scots of America and Delaware BSA, LLC

Wilmington, Delaware person injury and bankruptcy lawyers represented the creditors in the Boy Scots of America bankruptcy. The ranks of the Boy Scouts of America's ranks has had a history of sexual abuse. For decades, that abuse permeated scouting programs, ranging from single instances of harassment to serial offenses of sexual penetration. In recent years, more and more brave victims o... More...

$0 (05-23-2025 - DE)

Katie Rund v. United States of America

Willmington, Delaware personal injury lawyer <a href="http://www.morelaw.com/lawyers/atty.asp?f=Chase&l=Brockstedt&i=146865&z=19958" target="_new">Chase Brockstedt</a> who represented the Plaintiff who sued on a Federal Tort Claims Act auto negligence theory. Under Delaware car/auto accident law, negligent drivers can be held liable and ordered to pay civil damages, i.e., fair and reasona... More...

$1 (05-30-2024 - 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)

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)

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)

Rachel Delo Ache Williams v. Netflix, Inc.

Rachel DeLoache Williams has sued Netflix, Inc. for defamation based on Netflix's portrayal of Williams in its docudrama series Inventing Anna. D.I. 1 ¶ 1. Inventing Anna tells the story of Anna Sorokin, Williams's one-time friend who "conned the New York elite into believing that [Anna] was a German heiress.â€ D.I. 1 ¶ 28. Netflix, a Delaware corporation with its principal place of busines... More...

$0 (05-17-2023 - DE)

United States of America v. Goodfish Enterprises, LLC; Reliant Property Management Company; and Christopher Lukacs

Wilmington, Delaware civil litigation lawyer represented Defendants accused of violating the Federal Tort Claims Act by charging the Federal Government excess rent. Goodfish Enterprises, LLC; Reliant Property Management Company; and Christopher Lukacs have agreed to pay $430,000 to resolve allegations that they violated the False Claims Act during their participation in the U.S. Departmen... More...

$0 (05-02-2022 - DE)

United States of America v. Robert Rodriguez

Wilmington, Delaware criminal defense attorney represented defendant charged with selling controlled substances in violation of 18 U.S.C. Â§841 Rodriguez, age 58, was indicted for possession with intent to distribute fentanyl and possession of a firearm. On August 10, 2020, FBI conducted a search of the defendant's apartment in the 1300 block of W. 4th Street, Wilmington, Dela... More...

$0 (02-09-2022 - DE)

Shantell M. Hunter v. The United States of America

Wilmington, DE - Shantell M. Hunter sued The United States of America on a Federal Tort Claims Act personal injury auto negligence theory claiming to have been injured and/or damaged in the amount of $251,000 in a car wreck caused by a federal government employee.... More...

$1 (12-31-2019 - DE)

Jesus Rodriguez-Aguilar v. United States of America

<center><h1> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">MoreLaw Legal Marketing Services</a> Cost Effective Lawyer Marketing Services Call 888-354-4529 Today! </h1> </center> Wilmington, DE - Je... More...

$1 (08-22-2019 - 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)

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)

Francine Oates v. Vincent Williams, Jr. and United States of American <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">Morelaw Internet Marketing for Legal Professionals</a> MoreLaw Can Make Your Phone Ring 888-354-4529

Wilmington, DE - Francine Oates sued Vincent Williams, Jr. and United States of American on auto negligence and federal tort claim act theories.... More...

$0 (04-01-2016 - 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)

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)

Pipal Tech Ventures Private Limited v. MoEngage, Inc.

Plaintiff Pipal Tech is a closely-held corporation formed in 2011 under the laws of India with its principal place of business in India.4 Pipal Tech is in the business of developing, licensing, and supporting mobile and web-based applications. Non-parties Amit Baid, Raviteja Dodda, and Yashwanth Kumar are the founders of Pipal Tech.6 Dodda and Kumar are also former executives and board The fact... More...

$0 (12-19-2015 - 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)

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)

The Honorable Karen Weldin Stewart, et al. v. Wilmington Trust SP Services, Inc., et al.

This 2nd day of November 2015, upon consideration of the parties’ briefs and the record below, it appears to the Court that: (1) On this appeal, a receiver of an insolvent insurer seeks to appeal the Court of Chancery’s decision to dismiss its claims for breach of contract and professional negligence against Wilmington Trust,... More...

$0 (11-02-2015 - 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)

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)

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)

Dov Charney v. American Apparel, Inc.

Plaintiff Dov Charney, a California resident, is the founder and former Chairman and Chief Executive Officer (CEO) of American Apparel, Inc. He is the beneficial owner of approximately 42.3% of the Company. Charney and the Company are parties to an Indemnification Agreement dated as of March 6, 2008 (the “Indemnification Agreement”), and an Employment Agreement effective ... More...

$0 (09-14-2015 - DE)

Henlopen Landing Homeowners Association v. Vester

In November 2011, JaKara Vester filed a housing discrimination complaint with the Delaware Division of Human Relations (the ―DDHS Action‖) alleging discrimination based on race, disability, and familial status in connection with the Henlopen Landing Homeowners Association’s (―HOA‖) refusal to approve certain requested accommodations.2 Ms. Vester also ... 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)

Ridgewood Manor II, Inc. v. The Delaware Manufactured Home Relocation Authority

This action challenges the monthly assessments collected by Defendant Delaware Manufactured Home Relocation Authority (the “Authority”) under the Manufactured Home Owners and Community Owners Act (the “Act”).1 The Act directed the Authority to set a three dollar monthly assessment on landlords and tenants of manufactured home communities, which its board did in Februar... More...

$0 (08-31-2015 - DE)

CMS Investment Holdings, LLC v. Lawrence E. Castle

The plaintiff in this action invested in a Delaware limited liability company (â€•LLCâ€–) whose business was providing non-legal administrative services to law firms and their mortgage lender clients in connection with mortgage foreclosures. That business was created by the principal defendants: five individuals who practiced law in Colorado and Arkansas. Seeking to monet... More...

$0 (06-23-2015 - DE)

Robert E. Simpson v. Colonial Parking, Inc.

Robert E. Simpson ("Simpsonâ€), the plaintiff-below, appeals from the Superior Court's grant of summary judgment in a personal injury tort action in favor of the defendant-below, Colonial Parking ("Colonialâ€). Simpson claims that the Superior Court erred by holding that he was a trespasser, and not a licensee, when he used Colonial's parking lot as a short cut while riding his bicycle. ... More...

$0 (02-13-2012 - DE)

Patricia Price v. E.I. Dupont De Nemours & Co.

Patricia Price appeals from a Superior Court order denying her Motion to Amend her household asbestos exposure complaint as futile. Because the allegations in Price's amended complaint amount to a claim against DuPont for nonfeasance, and the complaint does not allege any "special relationshipâ€ between Price and DuPont, her proposed amendments, if allowed, would be futile. Therefore, ... More...

$0 (07-11-2011 - DE)

Ilene Sivakoff v. Nationwide Mutual Insurance Company

(1) Plaintiff-Below/Appellant, Ilene Sivakoff, appeals from a Superior Court judgment, which granted the motion to dismiss of Defendant- Below/Appellee, Nationwide Mutual Insurance Co. ("Nationwideâ€), in this underinsured motorist ("UIMâ€) action. Sivakoff raises two arguments on appeal. First, Sivakoff contends that the Superior Court erred in concluding that the definition of an "unde... More...

$0 (05-16-2011 - DE)

Betty Bantum v. New Castle County Vo-Tech Education Association

Title 14, section 1056(h) of the Delaware Code provides that "[a]ny school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property.â€ Plaintiff- Below/Appellant, Betty Bantum, allegedly suffered injuries when she slipped and fell on... More...

$0 (05-18-2011 - 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)

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)

John M. Vai v. Francis DeLuca and St. Elizabeth Roman Catholic Parish

John M. Vai sued Francis DeLuca and St. Elizabeth Roman Catholic Church on intentional tort and negligence theories claiming that he was was molested as a teenager during the 1960s by DeLuca. He claimed that the Roman Catholic Diocese of Wilmington negligently failed to supervise DeLuca. DeLuca was defrocked in 2008 after being convicted of repeatedly molesting his 18-year-old grandneph... More...

$30000000 (12-11-2010 - DE)

Tolano Anderson v. Wachovia Mortgage Corporation

This case is brought by three African-American couples who, in 2004, purchased adjacent houses in a Dover, Delaware, community known as "Silver Lake.â€ Plaintiffs received mortgages from Wachovia Mortgage Corporation, but only after Wachovia imposed several conditions on the approvals of these mortgages. Plaintiffs allege that these conditions were racially motivated, and brought suit against... More...

$0 (09-13-2010 - DE)

Marguerite F. Freeman v. X-Ray Associates, P.A. and Randall W. Ryan, M.D.

In this medical malpractice dispute, Marguerite F. Freeman appeals from a directed verdict granted in favor of Dr. Randall Ryan and X-Ray Associates, P.A. Freeman contends that 18 Del. C. Â§ 6853 creates a presumption of negligence when a surgical procedure is performed on the wrong organ, which may be rebutted but only before a jury. In response, Dr. Ryan asserts that Freeman's liver biopsy was... More...

$0 (07-22-2010 - DE)