DE Superior Court Opinions

Athene v. Generali - Indemnification Dispute

Delaware Superior Court partially granted Generali's motion to dismiss in an indemnification dispute. The court dismissed two declaratory judgment claims as moot and Athene's breach of contract claim for failure to state a claim, but allowed two declaratory judgment claims regarding insurance claim obligations to proceed. The breach of contract claim failed because Athene never submitted fees and expenses to Generali for reimbursement despite contractual requirements for prompt reimbursement.

Johnson v. May Motion to Dismiss Granted

Delaware Superior Court granted defendants' motion to dismiss (converted to summary judgment) in a civil case arising from a Protection from Abuse Order. The court consolidated two cases filed by pro se plaintiff Verne Johnson against Felisia May and Jaleesa Miller-Leach related to social media harassment allegations that prompted the underlying PFA proceedings.

Selective Way Insurance Company v. House of Cheatham LLC - Motion Granted

The Delaware Superior Court granted House of Cheatham LLC's motion to dismiss or stay declaratory judgment proceedings brought by Selective Way Insurance Company. The court dismissed the insurer's action seeking declarations regarding duty to defend, indemnification obligations, and policy exclusion applicability under commercial general liability policies worth $1M per occurrence and $2M aggregate.

Newton v. LeParc Condominium Association - Summary Judgment

The Delaware Superior Court granted in part and denied in part defendants' motion for summary judgment in a civil dispute between unit owner Marvin Newton and the LeParc Condominium Association. Newton's claims against Edgar and Premier failed as a matter of law, and most claims against the Association also failed. Only Newton's claim regarding attorneys' fees assessed against him survived, as the Association did not meet its burden to show entitlement to judgment as a matter of law on that claim.

Priveterra Capital v. Pixium Vision - Motions to Dismiss Granted

The Delaware Superior Court granted motions to dismiss filed by both Pixium Vision, LLC and Pixium Vision SA, dismissing all claims brought by Priveterra Capital Management, LLC arising from a failed Letter of Intent for a proposed acquisition. The court dismissed claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraudulent inducement. No monetary penalties or specific remedies were imposed as part of this ruling.

State v. Wal-Ikram - Postconviction Relief Motion Recommended for Summary Dismissal

Delaware Superior Court Commissioner issued a Report and Recommendation to summarily dismiss defendant Tahlal Wal-Ikram's Motion for Postconviction Relief under Rule 61. The defendant, previously convicted in 2018 on five counts including Possession of a Firearm by a Person Prohibited, Drug Dealing, and related charges, raised claims of ineffective assistance of counsel and prosecutorial misconduct following appeal affirmation in 2019.

View Operating v. StarStone Specialty Insurance - Insurance Coverage Dispute

Delaware Superior Court granted View Operating Corporation partial summary judgment against StarStone Specialty Insurance Company in an insurance coverage dispute arising from a de-SPAC merger. The Court rejected the insurer's 'public offering' exclusion argument and ruled that the insurer's payment obligation is triggered when the company commits to reimburse, not when it actually pays. The Court also denied StarStone's request for a declaration that its coverage denial was made in good faith.

State v. LaBarge - Postconviction Relief Denied

The Delaware Superior Court Commissioner issued a report recommending denial of Jeffrey LaBarge's Rule 61 Motion for Postconviction Relief and Motion for Sentence Modification. LaBarge was convicted of Murder Second Degree, Kidnapping First Degree, and Conspiracy First Degree arising from a July 2022 homicide. He received an aggregate 35-year unsuspended prison sentence in March 2024. The Commissioner's March 26, 2026 recommendation to deny the motions is subject to Superior Court judge review.

Faraday v. Ideal Image - Breach of Contract Motion Ruling

Delaware Superior Court denied Plaintiff Faraday, Inc.'s Motion for Judgment on the Pleadings but granted its Alternative Motion to Strike Defendant Ideal Image Development Corp.'s Answer and affirmative defenses. The court found Ideal Image's answers were insufficient under Delaware Rule 8(b) and its defenses lacked required factual support. Faraday seeks damages of at least $148,800 for breach of a Master Services Agreement.

Autonodyne v. Teal Drones - Software License Agreement Breach Damages

Delaware Superior Court denied Autonodyne LLC's Motion for Judgment on the Pleadings in its breach of contract dispute with Teal Drones, Inc. and parent Red Cat Holdings, Inc. regarding a 2022 Software License Agreement. The Court found the definition of 'Fees' clear and unambiguous but determined triable issues exist regarding the enforceability of Section 14.4(e)'s liquidated damages provision.