• Woodson v. Saul

    Publication Date: 2020-04-15
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: David C. Weiss, United States Attorney; Heather Benderson, Eric P. Kressman and Melissa K. Curry, Office of the General Counsel, Social Security Administration, Philadelphia, PA for defendant.

    Case Number: D68948

    A decision by an administrative law judge was not supported by substantial evidence, so the court remanded for further con-sideration of issues relating to plaintiff's residual functional capacity and whether she was able to work on a regular and contin-uing basis.

  • Chang v. State of Delaware

    Publication Date: 2020-03-11
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Weih Steven Chang, Hockessin, DE, pro se plaintiff.
    for defendant: Rosamaria Tassone-DiNardo, First Assistant City Solicitor, City of Wilmington Law Department, Wilmington, DE for defendant city. Ryan P. Connell, Deputy Attorney General, Department of Justice, State of Delaware, Wilmington, DE for defendants State and stage agencies. Gary H. Kaplan and Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Children’s Advocacy Center of Delaware.

    Case Number: D68902

    Rule 60 motion denied where plaintiff failed to identify facts previously unknown to him during the prior proceedings and where his unsubstantiated allegations of judicial bias did not warrant extraordinary relief.

  • G2A.Com SP. Z.O.O. v. United States

    Publication Date: 2019-10-30
    Practice Area: Tax
    Industry: Consumer Products | Electronics | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68752

    IRS did not err by mailing notice of administrative summons to third-party under U.S.-Poland Tax Treaty where taxpayer was not entitled to notice of request sent to third-party and where IRS was entitled to mail or serve notice of summons.

  • Jones v. Thomas

    Publication Date: 2019-10-23
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew Jones, Greenwood, DE, pro se plaintiff.
    for defendant: N/A

    Case Number: D68748

    A pro se plaintiff failed to state a valid claim under the Federal Tort Claim Act or for violations of his civil rights.

  • Campbell v. Navient Corp.

    Publication Date: 2019-08-28
    Practice Area: Creditors' and Debtors' Rights
    Industry: Education | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Georkeshia Denise Campbell, Lancaster, CA, pro se plaintiff.
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant Navient Corporation. David C. Weiss, United States Attorney, and Jesse S. Wenger, Assistant United States Attorney, Wilmington, DE for defendant United States Department of Education.

    Case Number: D68679

    Constitutional and civil rights claims against the Department of Education and a student loan servicer failed where there was no basis to waive the department's sovereign immunity and the loan servicer was not a state actor and was not alleged to have acted in a discriminatory matter.

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  • Gonzalez v. State of Delaware

    Publication Date: 2019-03-27
    Practice Area: Government
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Oliver J. Cleary, Department of Justice, Wilmington, DE for the state.
    for defendant: John S. Whitelaw and Katherine E. Sell, Community Legal Aid Society, Inc., Wilmington and Dover, DE; Travis W. England, Nationall Center for Law and Economic Justice, New York, NY for defendant. Joan-na J. Cline, Pepper Hamilton LLP, Wilmington, DE for amicus curiae David A. Super of Georgetown Univ. Law Center in support of defendant.

    Case Number: D68505

    The state was preempted by federal law from bringing a state court action against a recipient of public benefits for fraud where a state agency had already pursued an administrative action based on the identical facts.

  • Harvey v. Berryhill

    Publication Date: 2019-02-27
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Tammy Harvey, Felton, DE, pro se plaintiff. Eric P. Kressman, Regional Counsel, and Annie Kernicky, Assistant Deputy Regional Counsel, Office of the Regional Chief, Social Security Administration, Philadelphia, PA; David C. Weiss, U.S. Attorney for the District of Delaware, Wilmington, DE
    for defendant: Heather Benderson, Special Assistant U.S. Attorney, Office of the General Counsel, Philadelphia, PA for defendant.

    Case Number: D68472

    Claimant not entitled to SSI benefits, where substantial evidence supported the conclusion that her disability was caused by her alcoholism, since the Social Security Act precluded benefits for claimants disabled by alcoholism or drug addiction.

  • Turulski v. Dep't of Veterans Affairs

    Publication Date: 2019-02-13
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David C. Weiss and Jennifer Lynne Hall, U.S. Attorney's Office, Wilmington, DE for defendants.
    for defendant: N/A

    Case Number: D68461

    The court dismissed plaintiff's complaint under the Federal Tort Claims Act because he failed to show that he exhausted his administrative remedies prior to filing in court.

  • Pasternack v. Northeastern Aviation Corp.

    Publication Date: 2018-11-21
    Practice Area: Corporate Entities | Occupational Safety and Health
    Industry: Aerospace | Federal Government
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Paul D. Brown, Joseph B. Cicero and Stephanie H. Dallaire of Chipman Brown Cicero & Cole, LLP, Wil-mington, DE; Cynthia S. Arato and Daniel J. O'Neill of Shapiro Arato LLP, New York, NY, attorneys for plaintiff
    for defendant: Francis G.X. Pileggi and Alexandra D. Rogin of Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, Edward J. Longosz, II of Eckert Seamans Cherin & Mellott, LLC, Washington, DC, attorneys for de-fendant.

    Case Number: D68362

    A pilot was entitled to indemnification under the bylaws of an aircraft charter company in connection with le-gal expenses incurred in a drug testing matter.

  • Hughes v. Berryhill

    Publication Date: 2018-11-14
    Practice Area: Administrative Law | Evidence
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68357

    An administrative law judge properly denied plaintiff's request for Social Security disability benefits where the record indicated that her medical condition did not prevent her from performing sedentary work with some physical limitations.