DE Superior Court Opinions

Gorokhovskiy v. Barclays Bank Delaware - Appeal of Default Judgment

The Delaware Superior Court affirmed a default judgment against Viktor Gorokhovskiy in favor of Barclays Bank Delaware. Gorokhovskiy appealed the default judgment, alleging insufficient service of process and bias, but the court found no reversible error.

Order Regarding Affidavit of Merit for Foreign Object Left in Patient

The Delaware Superior Court issued an order regarding an affidavit of merit in a medical malpractice case. The court reviewed the plaintiff's complaint and affidavits concerning a foreign object left in a patient during surgery, finding the affidavits met the statutory requirements.

Willey v. Phoenix Rehabilitation and Health Services - Summary Judgment Order

The Delaware Superior Court granted summary judgment for both parties in Willey v. Phoenix Rehabilitation and Health Services, Inc. The court granted Phoenix Rehabilitation's motion regarding punitive damages and granted Willey's motion concerning three of Phoenix Rehabilitation's affirmative defenses.

Lakeview Loan Servicing LLC v. Frederick - Loan Servicing Case Order

The Delaware Superior Court denied motions to dismiss and strike filed by defendants Carl and Elizabeth Amber Frederick in a loan servicing case. The court found the motions to strike plaintiff's response to be meritless. The underlying action concerns a mortgage foreclosure initiated by Lakeview Loan Servicing LLC.

Jiggy Puzzles v. Steelhead Acquisition - Summary Judgment Order

The Delaware Superior Court issued a summary judgment order in the case of Jiggy Puzzles, LLC v. Steelhead Acquisition EE, Inc. The court granted in part and denied in part motions for summary judgment filed by all parties, impacting breach of contract and fraud claims related to an Asset Purchase Agreement.

Volpi v. Westport Insurance Corporation - Order Denying Motion to Dismiss

The Delaware Superior Court denied Westport Insurance Corporation's motion to dismiss a declaratory judgment action filed by Austin Volpi. The lawsuit seeks to compel Westport to defend and indemnify its policyholder, Rehoboth Marina Ventures, LLC, and its employee, Jacob Singer, following a boating accident.

Order Grants Reargument and Access to Contaminated Property

The Delaware Superior Court granted reargument on a prior order concerning access to a contaminated property at 512 Main Street. An amended order now grants the Department of Natural Resources and Environmental Control (DNREC) access to remediate petroleum contamination from an underground storage tank, addressing objections raised by the property trust.

Mickens v Horace Mann Insurance - Summary Judgment Denied

The Delaware Superior Court denied Horace Mann Property and Casualty Insurance Company's motion for summary judgment in a case involving underinsured motorist (UIM) benefits. The court found genuine issues of material fact regarding whether the plaintiff qualified as an "occupant" under the policy.

Matthew Fortune v. Lloyd Archer - Motion for Summary Judgment

The Delaware Superior Court denied in part THG Transport Inc.'s motion for summary judgment in Matthew Fortune v. Lloyd Archer. The court reserved decision on one issue related to THG's alleged vicarious liability and negligent subcontracting of Rohans Bus Service, whose employee caused a bus crash injuring Matthew Fortune.

Delaware Court Denies Green's Post-Trial Motions

The Delaware Superior Court denied Green Industrial Development Group, LLC's post-trial motions for reargument and to alter or amend the judgment in the case Mortgage Connect Document Solutions, LLC v. Green Industrial Development Group, LLC. The court found no basis for reargument or amendment of its prior decision.