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Del. Super. Ct.·
2017-05-08
The court denied the plaintiff's motions for a new trial and to set aside the verdict. The jury's verdict in favor of the State was not against the great weight of the evidence, and the jury instructions were reasonably informative and not misleading.
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Del. Super. Ct.·
2017-03-22
The Superior Court of Delaware held that Section 1983 claims brought in state court must meet the plausibility standard, requiring specific factual allegations to support the claim. The court also affirmed that state law personal injury claims against state employees are barred b
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Del. Super. Ct.·
2016-11-23
The court held that under Delaware's wrongful death statute, 10 Del. C. § 3724(d)(5), the existence of surviving children bars parents and siblings from recovering damages for mental anguish. The court further found that the phrase "to whom the decedent stood in loco parentis" ap
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2016 U.S. Dist. LEXIS 24255·
S.D. Fla.·
2016-02-23
The court held that the plaintiff's claims under 42 U.S.C. § 1981 were properly dismissed without prejudice for failure to state a claim, but her claims under Title VII and the Florida Civil Rights Act could proceed.
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Del.·
2016-02-16
The Delaware Supreme Court held that the State waived sovereign immunity because its self-insurance policy covered the alleged sexual assault by Officer Giddings, as the exclusion for intentional acts did not apply to the State as the named insured. The Court also affirmed the Su
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Del.·
2016-02-04
The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the plaintiff failed to establish claims against the City of Wilmington and Chief Michael Szczerba. The court found that the plaintiff had voluntarily dismissed claims against the City under Count I a
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2015 U.S. Dist. LEXIS 150367·
S.D. Fla.·
2015-10-19
An employer cannot be held vicariously liable for an employee's actions if those actions were not committed within the course and scope of employment.
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Del. Super. Ct.·
2015-07-29
The Delaware Superior Court granted the plaintiffs' motion to compel production of post-accident surveillance recordings, ruling that such materials are substantive evidence relevant to the subject matter of the action and must be produced when properly requested through timely d
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Del. Super. Ct.·
2015-07-10
The court granted summary judgment for defendants Gavilon Grain LLC and Hector Cabrera, finding that the plaintiff, Mr. Layne, was a special employee of Gavilon. As such, his claims against Gavilon and Mr. Cabrera were barred by the exclusive remedy provision of Delaware's Worker
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Del. Super. Ct.·
2015-02-13
The Merit Employee Relations Board's (MERB) decision to uphold the termination of Appellant Joy Billings and reject her hostile work environment claims is affirmed. The court found that the MERB's decision was supported by substantial evidence and free from legal error, adhering
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Del. Super. Ct.·
2015-01-30
The court granted the defendant's motion for summary judgment, finding that the plaintiff could not establish proximate cause for his legal malpractice claim. The court reasoned that the plaintiff's alleged occupational disease claim was fundamentally flawed because exposure to m
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Del. Super. Ct.·
2015-01-23
The court granted in part and denied in part several motions in limine. It excluded specific allegations of direct negligence against Bayhealth to prevent jury confusion, but allowed evidence describing the plaintiff's condition. Offers to pay medical expenses were excluded under
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M.D. Fla.·
2015-01-21
The court held that the ADA claim against the Department is barred by sovereign immunity, and while the RA claim is not barred, the plaintiff failed to adequately plead intentional discrimination for compensatory damages. Furthermore, the Department is not liable for the alleged
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Del. Super. Ct.·
2014-09-24
The Court held that the collateral source rule does not apply to medical expenses paid by Medicare when the plaintiff did not contract for reduced payments and Medicare is distinct from private collateral sources. Consequently, the plaintiff's recovery for past medical expenses i
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145 So. 3d 974·
Fla. 1st DCA·
2014-08-28
All Saints Early Learning appealed an administrative fine and loss of Gold Seal Quality Care designation imposed by the Department of Children and Families (DCF) for a supervision violation after a toddler left its facility unsupervised and was found in a median on a busy roadway
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Del. Super. Ct.·
2014-02-26
The court granted summary judgment for the defendants on the negligence and negligent infliction of emotional distress claims, finding that expert testimony was required to establish proximate cause for the alleged electric shocks and that the plaintiffs failed to provide such te
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856 F. Supp. 2d 773·
M.D. Fla.·
2014-02-12
The court held that claims for negligent supervision, retention, negligence, and breach of fiduciary duty are barred by the statute of limitations, but the vicarious liability claim under respondeat superior survives the motion to dismiss. Claims against the individual abuser are
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855 F. Supp. 2d 871·
S.D. Fla.·
2014-01-29
The court held that official capacity claims against municipal officers are redundant when the municipality is sued, and that supervisory liability requires a causal connection between the supervisor's actions and the constitutional violation.
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855 F. Supp. 2d 764·
M.D. Fla.·
2014-01-23
The court held that genuine issues of material fact exist regarding probable cause for the seizure after the plaintiff fled, thus denying summary judgment on that claim. The court also denied summary judgment on the unlawful seizure claim against one officer and the excessive for
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Del. Super. Ct.·
2013-11-20
The Delaware Superior Court granted summary judgment for the defendants, holding that the plaintiffs' legal malpractice claim was barred by the statute of limitations. The court found that the three-year limitations period began to run either at the end of the attorney-client rel
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760 F. Supp. 1004·
S.D. Fla.·
2013-04-16
The court held that officers are entitled to qualified immunity because the plaintiff failed to allege a violation of a clearly established constitutional right, and that negligent retention claims under Florida law apply only to acts committed outside the scope of employment.
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248 F.R.D. 319·
M.D. Fla.·
2013-02-04
The court held that the plaintiff's counsel failed to demonstrate excusable neglect for the late filing of a motion to substitute a party after the plaintiff's death, and thus the action was properly dismissed.
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Del. Super. Ct.·
2012-01-31
The court denied the defendants' motions to dismiss. The court found that the plaintiffs' allegations were sufficient to support claims for punitive damages against the individual doctors, direct negligence claims against the institutional defendants, and a claim for negligent in
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816 F. Supp. 2d 1265·
S.D. Fla.·
2011-09-16
The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
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64 So. 3d 705·
Fla. 5th DCA·
2011-05-06
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Del. Super. Ct.·
2011-03-23
The Delaware Superior Court granted the Diocese's motion to dismiss for lack of personal jurisdiction, finding that the plaintiff failed to establish sufficient minimum contacts with Delaware under either the agency or conspiracy theories of jurisdiction. The court also denied th
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56 So. 3d 895·
Fla. 1st DCA·
2011-03-16
Appellant Ashley Wilson appealed a summary judgment in favor of her employer, Expert-Med, Inc., in a negligence action. The appellate court dismissed the appeal, holding that Wilson lacked standing to appeal because she had no statutory right to contribution from Expert-Med, whos
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34 So. 3d 88·
Fla. 3d DCA·
2010-04-07
Ms. Amaran, as guardian of her disabled daughter, sued Dr. Marath and others for injuries from a cardiac arrest on a cruise ship. The trial court dismissed the action for failure to serve Dr. Marath within 120 days, but the appeals court reversed, holding that the trial court abu
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697 F. Supp. 2d 1312·
S.D. Fla.·
2010-03-18
Summary judgment was granted for the defendants because the plaintiff failed to present admissible evidence showing deliberate indifference to serious medical needs or negligence.
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681 F. Supp. 2d 1313·
M.D. Fla.·
2009-12-31
Summary judgment is granted in part and denied in part, allowing the hostile work environment claim against Radi to proceed but dismissing other claims against him and the municipal liability claim against the City and CPD.
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664 F. Supp. 2d 1296·
S.D. Fla.·
2009-10-16
The court held that Lexington's commercial general liability policy did not provide coverage for Albertson's liability arising from the accident because the auto exclusion was triggered by the imputation of the driver's actions to Albertson's, and the joint venture was not a name
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566 F. Supp. 2d 1334·
M.D. Fla.·
2008-07-15
The court granted summary judgment for Sheriff Davenport but denied it for Officers Lister and Merritt, finding genuine issues of material fact regarding excessive force and failure to intervene.
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563 F. Supp. 2d 1315·
M.D. Fla.·
2008-05-27
Summary judgment is granted for the sheriff on the § 1983 failure to train claim, but denied on other claims against the sheriff and officers, as genuine issues of material fact exist regarding probable cause and excessive force.
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536 F. Supp. 2d 1301·
S.D. Fla.·
2008-02-26
The court held that officers had arguable probable cause for the arrest, entitling them to qualified immunity, and thus dismissed the federal claims.
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499 F. Supp. 2d 1299·
M.D. Fla.·
2007-08-13
The court affirmed the grant of summary judgment, holding that while there was a jury question regarding deliberate indifference to the plaintiff's post-operative care by Halifax employees, the plaintiff failed to establish municipal liability due to lack of policy or custom, and
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956 So. 2d 1204·
Fla. 1st DCA·
2007-05-17
In this wrongful death and personal injury case, the appellate court reversed a summary judgment for a car wash employer, holding that genuine disputes of material fact existed regarding whether two employees were acting within the scope of employment when they allegedly committe
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510 F. Supp. 2d 838·
M.D. Fla.·
2007-03-05
The court held that collateral estoppel did not bar the First Amendment claims because the administrative hearing did not resolve identical issues, and that neither party was entitled to summary judgment on the facial constitutionality of the policy.
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Del. Ch.·
2006-05-09
The Court dismissed most derivative claims for failure to make demand or demonstrate demand futility, finding that plaintiffs did not plead particularized facts showing director disinterest or lack of independence. However, demand was excused for the BlueStar acquisition claims,
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431 F. Supp. 2d 1238·
M.D. Fla.·
2006-05-03
The court held that the tort exception to the Foreign Sovereign Immunities Act (FSIA) did not apply because the employee was on a non-essential personal errand when the accident occurred, and thus Bank Indonesia was immune from suit. The court also denied the plaintiff's request
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909 So. 2d 438·
Fla. 1st DCA·
2005-08-23
The Duval County School Board appeals a summary judgment holding it liable in tort for injuries caused by a school bus operated by an independent contractor. The court reverses, holding that section 234.03(1) does not impose a non-delegable duty on school boards regarding student
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Del. Super. Ct.·
2005-04-25
The court held that Williams was liable for breach of contract and under the doctrine of respondeat superior for the actions of Hall. Williams failed to exercise reasonable care in hiring Hall, a driver who was actively using illegal drugs, and this failure led to the spoilage of
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348 F. Supp. 2d 1343·
S.D. Fla.·
2004-12-14
The court held that the defendant county was not liable for excessive force under § 1983 because the plaintiff failed to demonstrate a municipal policy or custom of permitting such force, nor did the county exhibit deliberate indifference to the officer's alleged racism or reckle
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884 So. 2d 427·
Fla. 4th DCA·
2004-09-29
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884 So. 2d 354·
Fla. 2d DCA·
2004-09-10
Allen Rasmussen appealed a summary judgment that his state-law claims were preempted by ERISA. The court reversed, holding that ERISA did not apply because the employer never intended to establish an employee benefit plan but rather procured group insurance for the owner's family
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Del. Ch.·
2004-08-09
The Court held that the employment agreement containing a covenant not to compete was valid and enforceable. The employee breached the agreement by forming a competing company and soliciting former clients. The employee and the new company were found liable for tortious interfere
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336 F. Supp. 2d 1224·
S.D. Fla.·
2004-07-19
The court held that the plaintiff failed to establish an objectively substantial risk of serious harm or deliberate indifference by the county, thus granting summary judgment for the defendants.
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Del. Super. Ct.·
2004-03-10
The court held that the insurer was not required to cover the punitive damages award because the jury found the insured liable for its own corporate conduct, not solely vicariously for its employees' actions. The court also held that the insurer was not required to cover the comp
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315 F. Supp. 2d 1230·
S.D. Fla.·
2004-02-18
The court granted summary judgment for the City, finding no evidence of a policy or custom supporting the § 1983 claim and that the plaintiff failed to exhaust administrative remedies for the Whistleblower Act claim.
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284 F. Supp. 2d 1368·
S.D. Fla.·
2003-09-04
The court held that the plaintiff adequately stated a claim for violation of a constitutional right and that the defendants are not entitled to dismissal based on qualified immunity at this stage.
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Del. Super. Ct.·
2003-05-20
The Delaware "savings statute" does not apply to the plaintiffs' second complaint because the prior dismissal of Nixon Uniform "with prejudice" constituted a final judgment on the merits. Plaintiffs' failure to respond to a court-ordered request to oppose Nixon Uniform's motion t