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- SCOTUS DEFINES BOUNDARIES OF FAIR DEBT COLLECTION PRACTICES ACT
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Category Archives: Delaware Superior Court
Cooch and Taylor Obtains Summary Judgment for its Clients on Trade Secret Claims
Cooch and Taylor continues to lead in the field of trade secret law in Delaware. On April 20, 2017, Delaware Superior Court Judge Butler granted partial summary judgment in favor of Cooch and Taylor’s clients, Defendants Gastroenterology Associates P.A., Thomas … Continue reading
Posted in Delaware Superior Court
Tagged summary judgment, superior court, Trade secrets
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Attorneys – Will Workers’ Compensation Cover Your Softball Injury?
In the case of Morris James LLP v. Weller, the Superior Court reversed and remanded the findings of the Industrial Accident Board (the “Board”), holding that the Board applied the incorrect legal standard in finding a softball related injury was … Continue reading
Posted in Delaware Superior Court
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Superior Court Decides Insurance Coverage Dispute Concerning Dole Stockholder Settlement
The Delaware Superior Court recently decided Arch Insurance Company v. Murdock, Del. Super. C.A.N16C-01-104 EMD CCLD. Six Directors and Officers Liability excess insurers (“Insurers), sought a declaration that they did not have to fund an underlying settlement due to Defendants’ … Continue reading
Posted in Delaware Superior Court
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Superior Court Judge Rocanelli Grants New Trial Because of Faulty Jury Instruction
In Lisowski, et al. v. Bayhealth Medical Center, Judge Rocanelli granted the Plaintiffs’ Motion for a New Trial in a medical negligence action. After an eight day trial, the jury found that Bayhealth had committed medical negligence but that the … Continue reading
Posted in Delaware Superior Court
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DELAWARE’S WAGE PAYMENT AND COLLECTION ACT AND LIMITED LIABILITY COMPANIES: NO PERSONAL LIABILITY FOR MEMBERS
In a case defended by Cooch and Taylor, the Delaware Superior Court recently ruled on the question of a Limited Liability Company (“LLC”) member’s individual liability for alleged LLC wage debts under Delaware’s Wage Payment and Collection Act (“Act”), 19 … Continue reading
Posted in Delaware Superior Court, Uncategorized
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In the Age of Internet and Personal Jurisdiction
Judge LeGrow of the Delaware Superior Court recently addressed an issue facing courts across the nation: Does one submit themselves to personal jurisdiction within a state based simply on statements made over the World Wide Web? In the case at … Continue reading
Posted in Delaware Superior Court
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DELAWARE SUPREME COURT OPINES ON INSURANCE COMPANY BAD FAITH
Here’s the key takeaway from the Delaware Supreme Court’s opinion affirming the Superior Court’s grant of summary judgment in Enrique v. State Farm: “[Plaintiff] would have us invoke a hindsight presumption that the failure to offer policy limits or seek remittitur … Continue reading
WARRANTY LANGUAGE MATTERS FOR PURPOSES OF THE STATUTE OF LIMITATIONS
Nobody likes reading warranty language, but as it turns out, that language actually matters. In LTL Acres L.P. v. Dryvit Systems, Inc., the Delaware Supreme Court overturned a grant of summary judgment in favor of Dryvit Systems, Inc. on statute … Continue reading
Delaware Supreme Court Says Claims Against Insurer for a Bad Faith Failure to Settle 3rd Party Claims Accrue at Time of Excess Judgment
The Delaware Supreme Court recently addressed an issue of first impression: “When does a claim that an insurer acted in bad faith by failing to settle a third-party insurance claim accrue for purposes of the statute of limitations?” The Superior … Continue reading
Posted in Delaware Superior Court, Delaware Supreme Court
Tagged bad faith, insurance, roland, superior
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The Doctrines of Champerty and Maintenance are Alive and Well in Delaware
Charge Injection Technologies (“CIT”) filed suit against E.I. DuPont de Nemours and Co. (“DuPont”) in December 2007, alleging that DuPont wrongfully used and disclosed CIT’s proprietary and confidential technology. Several years into litigation, CIT’s funds began to dry up, and, … Continue reading