This Weeks Cases

Delaware Superior Court

Rash v. Moczulski, DeFAX Case No. 67241 (Del. Super. April 25, 2016) Butler, J. (11 pages).

Plaintiffs filed a motion for new trial after jury found in their favor but awarded no damages in car-collision suit. Additur granted in lieu of new trial.

Delaware Superior Court

Vicks v. Justison Landing Apts. DeFAX Case No. D67242 (Del.Super. April 28, 2016) Rocanelli, J. (4 pages).

Suit for negligent care of premises for injuries suffered during a winter storm filed in an untimely manner. Motion to dismiss granted with prejudice.


Delaware Court of Chancery

Empl. Ret. Sys. of St. Louis v. TC Pipelines GP, DeFAX Case No. D67248 (May 11, 2016) Glasscock, J. (17 pages).

Minority unit holder challenged a conflicted transaction in purchase of an asset as unfair to the partnership. Defendants' motion to dismiss granted with prejudice.


U.S. District Court of Delaware

HL Intermed. Holdco v. N.B. Love Indus., DeFAX Case No. D67246 (June 10, 2016) Robinson, J. (memorandum) (10 pages).

After a company merger, significant reduction in business with a key client raised questions of what defendants knew when and didn't share with the acquiring company. Defendants' motion to dismiss for failure to state a claim was denied.


Delaware Superior Court

Mathangani v. Hevelow, DeFAX Case No. D67244 (Del. Super. May 31, 2016) Davis, J. (14 pages).

Secondary result of a police chase was a collision with a third party, who filed suit for negligence, Plaintiff's motion for summary judgment granted in part and denied in part.


Delaware Superior Court

Boros v. Pfizer, DeFAX Case No. D67247 (May 25, 2016) Jurden, J. (13 pages).

Death from azithromycin side effects of cardiac arrhythmia led to conflict of federal and state requirements for labeling of drug warnings. Defendant's motion for judgment on the pleadings denied.


Delaware Superior Court

Ameer v. Melvin, DeFAX Case No. D67245 (Del. Super. April 26, 2016) Witham, J. (5 pages).

Plaintiff's claim for damages against former employees who used company stationery to mislead a credit union, had his claim removed to the chancery court.


Delaware Supreme Court

Thompson v. Kirby, DeFAX Case No. D97243 (Del. April 25, 2016), Holland, J. (6 pages).

Appeal to Supreme Court of dismissal of personal injury complaint. Appeal found without merit, and judgment of the Superior Court was affirmed.