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  • This and That Servs. Co., Inc. v. Nieves

    Publication Date: 2019-06-26
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John J. Ellis, Heckler & Frabizzio, P.A., Wilmington, DE for plaintiff
    for defendant: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for defendant.
    Case Number: D68607

    Court reversed Industrial Accident Board's dismissal as moot of employer Utilization Review appeal where record reflected outstanding dispute between employer and employee regarding reasonableness and necessity of medication prescribed by one of employee's treating physicians following the employee's work-related accident.

  • State v. Waters

    Publication Date: 2019-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Abby Adams, Brian J. Robertson and Cynthia Hurlock, Deputy Attorneys General, Department of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
    Case Number: D68613

    The state failed to establish probable cause for searching defendant's historical cell site location information, but other direct and circumstantial evidence established defendant's guilt beyond a reasonable doubt.

  • State v. Jernigan

    Publication Date: 2019-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Lindsay A. Taylor, Department of Justice, Dover DE for the state.
    for defendant: Adam D. Windett, Hopkins & Windett, LLC, Dover, DE for defendant.
    Case Number: D68612

    Police failed to use readily available resources to check whether defendant had a valid medical marijuana card, so they lacked probable cause to search his vehicle.

  • Price v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Stephen McCloskey, Deputy Attorney General, Wilmington, DE for the state.
    for defendant: Meryem Y. Dede, Assistant Public Defender, Wilmington, DE for defendant.
    Case Number: D68601

    A criminal defendant waived an issue regarding a jury instruction because he failed to raise it at the time of trial, and the rec-ord showed no indication of plain error.

  • Evans v. State

    Publication Date: 2019-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Benjamin S. Gifford, IV, The Law Office of Benjamin S. Gifford, IV, Wilmington, DE for appellant.
    for defendant: Julia C. Mayer, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D68600

    Criminal impersonation statute required the state to prove that the false name(s) provided by defendant belonged to a real, living person and were not fictitious.

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  • Barn Hill Preserve of Delaware, LLC v. The Bd. of Adjustment of the Town of Ocean View, Delaware

    Publication Date: 2019-06-12
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Brian J. McLaughlin, Mozack Mersky McLaughlin Browder, P.A., Wilmington, DE for petitioner
    for defendant: Dennis L. Schrader and Eric R. Hacker, Morris James LLP, Georgetown, DE for respondent.
    Case Number: D68591

    Town board properly denied special exception to permit applicant to operate wildlife educational center as a permitted use where substantial evidence supported conclusion that center would cause objectionable odors and where applicant failed to demonstrate center would not have detrimental effect on traffic.

  • Kalil v. Kalil

    Publication Date: 2019-06-12
    Practice Area: Contractual Disputes
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Daniel R. Losco, Losco & Marconi, P.A., Wilmington, DE for defendant.
    for defendant: N/A
    Case Number: D68595

    A promissory note did not contain any provision for acceleration of the balance, and defendant timely made all regular interest payments due under the terms of the note.

  • State v. Montgomery

    Publication Date: 2019-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Timothy Maguire, Deputy Attorney General for the state.
    for defendant:
    Case Number: D68589

    A purported statement by a juror regarding defendant's guilt was mere loose talk and did not result in a violation of defend-ant's right to a fair trial. The court promptly questioned the jurors and provided curative instructions.

  • Protect Our Indian River v. Sussex County Bd. of Adjustment

    Publication Date: 2019-05-29
    Practice Area: Land Use and Planning
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Andrea G. Green, Law Office of Andrea G. Green, Millsboro, DE for petitioners
    for defendant: Robert G. Gibbs and R. Eric Hacker, Morris James LLP, Georgetown, DE for respondents
    Case Number: D68576

    Special use exception application properly granted where applicant presented sufficient documents and testimony to permit the local board of adjustment to conclude applicant had met the requirements for a special use exception and where the board found petitioners' objections outweighed for not being directly connected to the proposed facility.

  • Villalobos-Martin v. Nationwide Mut. Ins. Co.

    Publication Date: 2019-05-29
    Practice Area: Insurance Litigation
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Cynthia H. Pruitt, Doroshow Pasquale Krawitz & Bhaya for plaintiffs.
    for defendant: Donald M. Ransom and Beth A. Swadley, Carasino Christman Shalk Ransom & Doss, P.A. for defend-ant.
    Case Number: D68581

    Insurer met all of its statutory and contractual obligations when it excluded a party from coverage under an automobile policy, and it was not required to provide coverage for a subsequent accident involving the excluded party.