• Faucett v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-12-04
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Raykia Faucett, pro se appellant.
    for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.

    Case Number: N23A-06-010 PAW

    Unemployment Insurance Appeal Board did not abuse its discretion in declining appeal and finding appeal from disqualification decision untimely where there was no evidence to rebut the presumption of receipt of the decision letter.

  • KDM Dev. Corp. v. The Consumer Prot. Unit of the Dep't of Justice of the State of Delaware

    Publication Date: 2023-11-06
    Practice Area: Consumer Protection
    Industry: Hospitality and Lodging | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Dover, DE for petitioner.
    for defendant: Owen P. Lefkon, Ryan T. Costa, Deputy Attorneys General, State of Delaware Department of Justice Wilmington, DE for respondent.

    Case Number: S23M-06-018-CAK

    Consumer Protection Unit had statutory authority to issue subpoenas to affiliate of manufactured home community owners where it was not exclusively bound to make civil investigative demands under the Consumer Fraud Act, and the subpoenas were sufficiently tailored to the scope of an investigation into the safety of the community residents.

  • Citizens Against Solar Pollution v. Kent County

    Publication Date: 2023-10-30
    Practice Area: Land Use and Planning
    Industry: Energy | Non-Profit | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Richard L. Abbot, Abbot Law Firm, Hockessin, DE for plaintiffs.
    for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Richard A. Forsten, Wendie C. Stabler, James D. Taylor, Jr., Saul Ewing LLP, Wilmington, DE for defendants.

    Case Number: N23C-03-196 VLM

    Although plaintiffs failed to seek timely certiorari review of conditional use permit approval, transfer of the case from the chancery court after it concluded that it lacked subject matter jurisdiction because plaintiffs had an adequate remedy at law permitted the court to exercise its discretion to hear the case.

  • Middlecap Assoc., LLC, v. The Town of Middletown

    Publication Date: 2023-10-30
    Practice Area: Land Use and Planning
    Industry: Construction | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for plaintiff.
    for defendant: Scott G. Wilcox, Giordano, DelCollo, Werb & Gagne, LLC, Wilmington, DE for defendants.

    Case Number: N23C-03-181 CEB

    The court found that the complaint for certiorari regarding the denial of a conditional use permit was not untimely filed, the claim was not barred by plaintiff's failure to exhaust its administrative remedies, and the mayor and members of the town council were immune from suit in their individual capacity.

  • Giles v. Town of Elsmere

    Publication Date: 2023-10-09
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
    for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.

    Case Number: N22M-02-006 EMD

    Concluding that plaintiff did not have a present right to join the state pension plan, the court ruled that it could not issue a writ of mandamus. Moreover, the petition for a writ of mandamus to allow plaintiff to participate in the state pension plan was barred by the three-year statute of limitations as no claim as to a present right to mandamus was presented.

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  • Light v. Davis

    Publication Date: 2023-10-09
    Practice Area: Government
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: James G. McMillan, III, William E. Green, Jr., Halloran Farkas + Kittila LLP, Wilmington, DE; Mark C. Rifkin, Benjamin Y. Kaufman, Freeman & Herz LLP, New York, NY; Arthur Susman, Law Office of Arthur Susman, Chicago, IL for plaintiff.
    for defendant: Arthur G. Connolly, Max B. Walton, Christina M. Thompson, Lisa R. Hatfield, Connolly Gallagher LLP, Wilmington, DE for defendants.

    Case Number: 22-611-CJB

    Concluding that a litigant does not have a cognizable property interest in abandoned property, the court dismissed plaintiff's complaint challenging the constitutionality of Delaware's Abandoned and Unclaimed Property Law. In addition, the court dismissed the complaint on ripeness grounds concluding that because the questions of whether plaintiff would actually make a claim on the property and be able to sufficiently demonstrate his ownership rights were unanswered, the parties' interests were not sufficiently adverse to give rise to

  • United States v. Kousisis

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry: Construction | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
    for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 19-3679

    District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.

  • Kroll v. City of Wilmington

    Publication Date: 2023-10-02
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Robert C. McDonald, Adrienne M. McDonald, Silverman McDonald & Friedman, Wilmington, DE for plaintiff.
    for defendant: Robert M. Goff, Jr., City of Wilmington Law Department, Wilmington, DE for defendants.

    Case Number: 2019-0969-KSJM

    Chancery court could exercise subject matter jurisdiction over former police officer's complaint challenging his termination for failure to comply with later-voided revised residency requirement, where declaratory judgment or certiorari review would be unlikely to afford relief given city's continued assertion, despite the striking down of the revised policy, that officer's termination was proper.

  • In re COVID-Related Restrictions on Religious Serv.

    Publication Date: 2023-09-11
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Scott D. Cousins, Cousins Law LLC, Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney at Law, Wilmington, DE for plaintiffs.
    for defendant: Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.

    Case Number: N23C-01-123 MAA

    Plaintiffs' lawsuit challenging past COVID-19-related restrictions on houses of worship was dismissed where governor was entitled to qualified immunity as it was unclear at the time the restrictions were implemented that such restrictions were unconstitutional and where the lawsuit was not justiciable since there was no longer an active case or controversy.

  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Construction | Legal Services | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.

    Case Number: N21C-12-039

    Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.