DE Superior Court Opinions
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.
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.
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.
State v. Jackson - Postconviction Relief Denied
The Delaware Superior Court denied Raymond Jackson's motion for postconviction relief. Jackson sought relief based on alleged evidence suppression and ineffective assistance of counsel, but the court found no grounds to overturn his guilty plea.
KBranch v. BS13 Menu Buyer - Summary Judgment Opinion
The Delaware Superior Court issued a memorandum opinion in KBranch, Inc. v. BS13 Menu Buyer, Inc. The court denied the plaintiffs' motion for summary judgment and granted in part and denied in part the defendant's motion for summary judgment regarding claims related to an escrow dispute following a company sale.
Fulton v. State of Delaware - Compassionate Release Application Denied
The Delaware Superior Court summarily denied Gene L. Fulton's application for compassionate release. The court found that Fulton did not meet the statutory requirements for release under 11 Del. C. ยง 4217, as he had not yet served the mandatory portion of his sentence and had behavioral management concerns.
State of Delaware v. Bradley Green - Exclusion of Expert Testimony
In a criminal case involving child sexual abuse allegations, the Delaware Superior Court ruled on the exclusion of expert testimony. The court considered whether the proposed expert's testimony would impermissibly comment on witness credibility and addressed gatekeeping functions regarding relevance and reliability.
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