This Weeks Cases

U.S. District Court of Delaware

Desmond v. Phelps, DeFAX Case No. D67209 (D. Del. May 9, 2016) Robinson, J. (memorandum) (9 pages).

Inmates sought injunctive and declaratory relief from religious discrimination and retaliation at the hands of prison officials and other individuals. Memorandum opinion from the higher court gave instructions on proceeding further.


Courts of Common Pleas

Driscoll v. Automaxx, DeFAX Case No. D67212 (C.P. Kent April 27, 2016) Reigle, J. (7 pages).

In a de novo appeal from Justice of the Peace Court, plaintiff sought damages award for allegedly unhonored express warranty on a used vehicle. Denied.


U.S. District Court of Delaware

AVM Techs. v. Intel Corp., DeFAX Case No. D67214 (D.Del. May 3, 2016) Thynge, J. (memorandum order) (7 pages).

Follow-up on a telephonic hearing on Jan. 29, 2016, in which plaintiff AVM Technologies had requested a database search from defendant Intel Corporation of specific terms, which Intel opposed.


U.S. District Court of Delaware

Home Buyers Warranty Corp. v. Jones, DeFAX Case No. D67213 (D. Del. May 4, 2016) Thynge, J. (report and recommendation) (12 pages).

While homeowners sought relief in the Superior Court of Delaware, the warranty corporation filed to stay the Supreme Court action and compel arbitration. Granted, and motion to dismiss denied.


Delaware Superior Court

Turner v. Delaware Surgical Grp., P.A., DeFAX Case No. D67216 (Del. Super. May 9, 2016) Cooch, J. (9 pages).

In this medical malpractice action, the Delaware Superior Court was tasked to determine if the so-called "24-hour rule" should have been admissible for determining liability and negligence of defendant, one of the initial two surgeons. Plaintiff moved to admit evidence of the rule. Denied.


Delaware Superior Court

Essounga v. Del. State Univ., DeFAX Case No. D67215 (Del. Super. April 18, 2016) Witham, J. (10 pages).

Visiting university professor was not reappointed on the basis of two classroom incidents and filed for breach of contract and defamation. University's motion to dismiss was granted.


Delaware Superior Court

Schlosser & Dennis LLC v. City of Newark Bd. of Adj., DeFAX Case No. D67211 (Del. Super. May 9, 2016) Cooch, J. (memorandum) (12 pages).

Appeal by property owner of city code interpretation by Board of Adjustment did not initially name the city and other affected parties, which raised questions about jurisdiction. Appeal to consolidate denied, board's motion to dismiss for lack of subject matter jurisdiction granted.


Delaware Superior Court

Dickerson v. Nationwide Mut. Ins. Co., DeFAX Case No. D67210 (Del. Super. April 25, 2016) Brady, J. (15 pages).

Accident victim seeking claim for underinsured motorist coverage had one policy at occurrence and a modified policy when the claim could be initiated, which created questions of whether the prior or amended version of state law was applicable. Both parties moved for summary judgment. Defendant's motion granted; plaintiff's denied.