§Why CasetextPricing

Benson v. Amguard Insurance Company

REPLY BRIEF re MOTION for Summary Judgment Pursuant to Rule 56

21 Cited authorities

  1. Shelton v. Univ. of Med.

    223 F.3d 220 (3d Cir. 2000)   Cited 228 times   1 Legal Analyses
    Holding that a lateral transfer was a reasonable accommodation where a plaintiff "had not established that she would face a religious conflict" in the new position

  2. Stelwagon Mfg. Co. v. Tarmac Roofing

    63 F.3d 1267 (3d Cir. 1995)   Cited 219 times
    Holding that customers' statements to plaintiffs employees that customers ceased business with plaintiff was not admissible to prove amount of business lost to competitor

  3. Delaware State Univ. Student Hous. v. Ambling Mgt.

    556 F. Supp. 2d 367 (D. Del. 2008)   Cited 28 times
    Holding that declaratory judgment with respect to a past contract termination was unwarranted because any breach of contract had already occurred and any damages had already accrued

  4. Rose v. Cadillac Fairview Shopping Center

    668 A.2d 782 (Del. Super. Ct. 1995)   Cited 30 times
    Holding that the Delaware workers' compensation statute was the exclusive remedy and barred the tort action of a Sears Roebuck Co. employee who was abducted from her employer's parking lot and raped when she arrived 55 minutes early to work

  5. Hamilton v. Indep. Disposal Serv.

    C.A. No. N16A-06-006 ALR (Del. Super. Ct. Feb. 15, 2017)   Cited 2 times

    C.A. No. N16A-06-006 ALR 02-15-2017 DAVID HAMILTON, Claimant-Appellant, v. INDEPENDENT DISPOSAL SERVICE, Employer-Appellee. Kyle F. Dunkle, Esq., Schmittinger & Rodriguez, P.A., Dover, Delaware, Attorney for Claimant-Appellant. Joseph Andrews, Esq., Hoffman Andrews Law Group, Dover, Delaware, Attorney for Employer-Appellee. ROCANELLI, J. MEMORANDUM OPINION Upon Employer's Motion to Strike DENIED On Appeal from the Industrial Accident Board AFFIRMED Kyle F. Dunkle, Esq., Schmittinger & Rodriguez,

  6. Cryovac Inc. v. Pechiney Plastic Packaging, Inc.

    430 F. Supp. 2d 346 (D. Del. 2006)   Cited 11 times
    Holding that federal patent law did not preempt a state tortious interference claim where patent infringement provided the "wrongful conduct" element of interference; tort claim was asserted in conjunction with, and did not conflict with, patent law and required proof of additional elements, including mental state and the existence and loss of a business expectancy

  7. Rose v. Sears, Roebuck Co.

    676 A.2d 906 (Del. 1996)   Cited 17 times
    Denying Mr. Sanders's appeal of denial of motion for postconviction relief, in which he argued violations of his rights regarding various stages of the photographic lineups

  8. Cottman v. Burris Fence

    918 A.2d 338 (Del. 2006)   Cited 3 times

    No. 402, 2006. December 19, 2006. Appeal from the Superior (Kent) CA 05A-07-004. Decisions Without Published Opinions Affirmed.

  9. Wissert v. Quigg

    CIVIL ACTION NO. 06-3256 (E.D. Pa. Apr. 25, 2008)   Cited 1 times

    CIVIL ACTION NO. 06-3256. April 25, 2008 MEMORANDUM AND ORDER NORMA SHAPIRO, Senior District Judge Plaintiff Rita Wissert ("Wissert") brought this action under 42 U.S.C. § 1983 for violations of her Fourth and Fourteenth Amendment rights. She alleges that the individual defendants subjected her to excessive force, false arrest, false imprisonment and malicious prosecution; she alleges that the municipal defendants are liable for failure to train their agents and for violating Pennsylvania law. This

  10. Bank of Delaware v. Allstate Ins. Co.

    448 A.2d 231 (Del. Super. Ct. 1982)   Cited 7 times
    Granting declaratory judgment on provisions of complaint regarding insurer's duty to defend, and denying claims as to determination of financial liability upon judgment that involve the application and effect of a federal law on the agreements to indemnify

  11. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,628 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  12. Section 9601 - Definitions

    42 U.S.C. § 9601   Cited 4,274 times   132 Legal Analyses
    Adopting the definition of “disposal” contained in the Solid Waste Disposal Act

  13. Rule 704 - Opinion on an Ultimate Issue

    Fed. R. Evid. 704   Cited 3,042 times   12 Legal Analyses
    Rejecting as "empty rhetoric" the notion that some expert testimony is inadmissible because it usurps the "province of the jury."

  14. Section 6501 - Power of courts; form and effect of declaration

    Del. Code tit. 10 § 6501   Cited 189 times
    Stating "except where the Constitution of this State provides otherwise, courts of record within their respective jurisdictions shall have the power to declare rights, status, and other legal relations . . . and [any] such declaration shall have the force and effect of a final judgment or decree"

  15. Section 2513 - Unlawful practice

    Del. Code tit. 6 § 2513   Cited 157 times   1 Legal Analyses
    Imposing liability for "deception, fraud, false pretense, misrepresentation, or the concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission. . . ."

  16. Section 2353 - Forfeiture or suspension of right to compensation

    Del. Code tit. 19 § 2353   Cited 41 times

    (a) If the employee refuses reasonable surgical, medical and hospital services, medicines and supplies tendered to the employee by the claimant's employer, the claimant shall forfeit all right to compensation for any injury or any increase in the claimant's incapacity shown to have resulted from such refusal. Reasonable medical services shall include, if the Board so finds, vocational rehabilitation services offered by any public or private agency. Where rehabilitation services require residence

  17. Section 2362 - Notice of denial of liability; penalty for delay in payment of compensation

    Del. Code tit. 19 § 2362   Cited 23 times
    Providing that "[a]n employer or its insurance carrier shall within 15 days after receipt of knowledge of a work-related injury notify the Department and the claimant in writing of; . . . whether the claim is accepted or denied; if denied, the reason for the denial; or if it cannot accept or deny the claim, the reasons therefor and approximately when a determination will be made."

  18. Section 2322D - Certification of health-care providers

    Del. Code tit. 19 § 2322D   Cited 8 times
    Providing for compensation for the first visit to an uncertified, non-preauthorized provider, but only where services are reasonable, necessary, and the provider believes that the injury is work-related

  19. Section 2618 - Residual market mechanisms

    Del. Code tit. 18 § 2618   Cited 1 times

    (a) All insurers authorized to write workers' compensation and employers' liability insurance shall participate in a plan providing for the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. A residual market plan shall be submitted for the Commissioner's approval within 60 days of October 16, 1993. Rates for the residual market shall be filed by the advisory organization

  20. Section 2014 - Modification of restitution

    Me. Stat. tit. 17-A § 2014

    A convicted person who cannot make restitution payments in the manner ordered by the court or determined by the Department of Corrections pursuant to section 2006 shall move the court for a modification of the time or method of payment or service to avoid a default. The court may modify its prior order or the determination of the Department of Corrections to reduce the amount of each installment or to allow additional time for payment or service. [2019, c. 113, Pt. A, §2(NEW).] 17-A M.R.S. § 2014