Category Archives: Delaware Superior Court

Requests for Admissions – What Must You Admit?

In In Re: Asbestos Litigation (Stewart), the sole remaining Defendant in the case filed Requests for Admission (“RFA”) directed to the Plaintiff.   All 22 RFAs sought admissions related to Drillings Specialties Company (“DSC”), which allegedly sold asbestos containing products that … Continue reading

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Forum Non Conveniens Denial Does Not Warrant Interlocutory Appeal

In Lincoln Benefit v. Wilmington Trust, the Superior Court determined that the denial of a Motion to Dismiss based on forum non conveniens did not warrant an interlocutory appeal. Lincoln filed a declaratory judgment action against Wilmington Trust seeking to … Continue reading

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The Coleman Analysis Applies to Untimely Expert Reports

In Kent v. The Dover Ophthalmology, et al., the Superior Court recently clarified the appropriate standard in reviewing a party’s motion to file untimely expert reports. The Defendants sought to file an untimely supplemental expert report after the Court excluded … Continue reading

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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

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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

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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

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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

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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

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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

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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

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