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  • State v. Gates

    Publication Date: 2019-07-17
    Practice Area: Administrative Law | Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for the state.
    for defendant: Walt F. Schmittinger and Candace E. Holmes, Schmittinger and Rodriguez, P.A., Dover, DE for claimant.
    Case Number: D68636

    The Industrial Accident Board applied the correct legal standard in determining that a claimant was within the course and scope of his employment at the time he was injured in a motor vehicle accident, and the board's decision was supported by sub-stantial evidence.

  • The City of Lewes v. Nepa

    Publication Date: 2019-07-03
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Glenn C. Mandalas and Daniel F. McAllister, Baird Mandalas Brockstedt, LLC, Dover, DE for the City of Lewes.
    for defendant: Michael J. Hoffman, Tarabicos Grosso, LLP, New Castle, DE for the Board of Adjustment. Kyle F. Dunkle and Mark F. Dunkle, Parkowski Guerke and Swayze, P.A., Dover, DE for Ernest and Deborah Nepa.
    Case Number: D68621

    A state statute regarding municipal variances set minimum standards, and a city could enact stricter variance requirements.

  • Henry v. Cincinnati Ins. Co.

    Publication Date: 2019-06-26
    Practice Area: Insurance Litigation
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Jonathan B. O'Neill and Jennifer D. Donnelly, Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Christiana, DE for plaintiff Henry.
    for defendant: Francis J. Jones, Jr. and Wilson A. Gualpa, Morris James LLP, Georgetown, DE for plaintiff Fritz. Krista E. Shevlin and William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
    Case Number: D68610

    The exclusivity provision of the Workers' Compensation Act did not prevent an employee who received workers' compensation benefits from also receiving underinsured motorist benefits under an employer's automobile liability policy which was purchased from a third-party insurance company.

  • Baynum v. State

    Publication Date: 2019-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Brian L. Arban, Department of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Wilmington, DE for defendant.
    Case Number: D68596

    Trial counsel's failure to request a lesser-included offense jury instruction fell below the objective standard of reasonableness, so defendant was entitled to a new trial.

  • Greenfield v. Miles

    Publication Date: 2019-06-12
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Andrew C. Dalton and Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE for appellant
    for defendant: Joseph C. Handlon and Wilson B. Davis, Delaware Department of Justice, Wilmington, DE for appellees.
    Case Number: D68592

    Negligence claim against family caseworkers dismissed pursuant to DSTCA immunity where plaintiff's allegations concerned caseworkers' official acts requiring exercise of discretion or professional judgment and plaintiff failed to allege either bad faith or gross negligence.

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Sandhill Acres MHC, LC v. Sandhill Acres Home Owners Ass'n

    Publication Date: 2019-05-29
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Nicole M. Faries, Baird Mandalas & Brockstedt, LLC, Wilmington, DE for plaintiff.
    for defendant: Daniel S. Atlas, Steven D. Adler and Brian S. Eng, Community Legal Aid Society, Inc., Wilmington and Dover, DE for defendant. Michael P. Morton and Robert J. Valihura, Jr., Morton, Valihura & Zerbato, LLC, Greenville, DE for Amicus Curiae First State Manufactured Housing Ass'n.
    Case Number: D68577

    The owner of a manufactured housing community could raise rent under the Rent Justification Act based on evidence of a capital expenditure or increase in operational or maintenance expenses that had a direct and sub-stantial relationship to the proposed rent increase.

  • Leaf Invenergy Co. v. Invenergy Renewables LLC

    Publication Date: 2019-05-22
    Practice Area: Damages | Deals and Transactions
    Industry: Energy | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Bradley D. Sorrels, Shannon E. German, Andrew D. Berni, Keith E. Eggleton, Steven D. Guggenheim and David A. McCarthy, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE and Palo Alto, CA for plaintiff.
    for defendant: Kenneth J. Nachbar, Kevin M. Coen, Zi-Xiang Shen and Coleen W. Hill, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Bruce S. Sperling, Harvey J. Barnett and Eamon P. Kelly, Sperling & Slater, P.C., Chicago, IL for defendant.
    Case Number: D68469

    The parties' agreement unambiguously required consent or the redemption of shares in the event of a sale, and because de-fendant chose to do neither, plaintiff was entitled to damages.

  • Irwin v. Shelby

    Publication Date: 2019-05-22
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Leslie B. Spoltore, Obermayer Maxwell Rebmann & Hippel LLP, Wilmington, DE for appellant.
    for defendant: Melissa L. Dill, Liguori & Morris, Dover, DE for appellee.
    Case Number: D68468

    Family court did not err in awarding mother sole legal custody and primary residential placement, when neither parent requested such an arrangement, where the record supported the family court's rejection of father's expert's conclusions and reliance on father's history of domestic violence against mother to determine the custody award was in the parties' children's best interest.

  • Verition Partners Master Fund Ltd. V. Aruba Networks, Inc.

    Publication Date: 2019-05-01
    Practice Area: Mergers and Acquisitions
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Michael J. Barry, Christine M. Mackintosh, Michael T. Manuel and Rebecca A. Musarra, Grant & Eisenhofer P.A., Wilming-ton, DE for petitioners.
    for defendant: Michael P. Kelly, Steven P. Wood and Daniel J. Brown, McCarter & English, LLP, Wilmington, DE; Marc J. Sonnenfeld, Karen Pieslak Pohlmann and Laura Hughes McNally, Morgan, Lewis & Bockius LLP, Philadelphia, PA for respondent. Ned Wein-berger, Derrick Farrell and Thomas Curry, Labaton Sucharow LLP, Wilmington, DE for amici curiae professors in support of petitioners. Gregory P. Williams, Richards, Layton & Finger, P.A., Wilmington, DE for amici curiae professors in support of respondent.
    Case Number: D68549

    The chancery court abused its discretion in this statutory appraisal proceeding when valuing the shares by deducting unspeci-fied reduced agency costs from the deal price.

  • State v. Robinson

    Publication Date: 2019-05-01
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Elizabeth R. McFarlan, Department of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for Jacquez Robinson.
    Case Number: D68547

    The trial court correctly concluded that the state engaged in conduct which violated a criminal defendant's Sixth Amendment right to counsel, but the Delaware Supreme Court held that dismissal was not the only appropriate remedy for the misconduct.