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  • Spintz v. Div. of Family Serv.

    Publication Date: 2020-05-20
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Islanda L. Finamore, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Stephen E. Jenkins, Ashby & Geddes, Wilmington, DE for respondent.
    Case Number: D68989

    Delaware law required the Department of Family Services to send notice prior to filing a petition for substantiation.

  • Harmon v. Dep't of Fin.

    Publication Date: 2020-05-13
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68978

    The district court applied the improper standard regarding abstention. Vacated and remanded.

  • Taylor v. George

    Publication Date: 2020-05-06
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hedrick, II, Bove & Hedrick, Wilmington, DE for plaintiff.
    for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for the state. Martin O’Connor, Dep’t of Justice, Wilmington, DE for defendants George and Christina School Dist.
    Case Number: D68973

    The law did not permit transfer of a civil action to an administrative agency, and the equal protection clause did not require transfer. Motion to transfer denied, but motion to amend granted.

  • Cuppels v. Mountaire Corp.

    Publication Date: 2020-04-29
    Practice Area: Environmental Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt and Stephen A. Spence, Baird Mandalas Brockstedt, Lewes, DE for plaintiff.
    for defendant: Devera B. Scott and William J. Kassab, Department of Justice, Dover, DE for non-party movant.
    Case Number: D68960

    Plaintiffs alleging injury from environmental violations were entitled to subpoena records from the Delaware Department of Natural Resources relating to its settlements with the defendants in plaintiffs' injury action.

  • Brandywood Civic Ass'n v. Cohan

    Publication Date: 2020-04-29
    Practice Area: Transportation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiffs.
    for defendant: Ann C. Cordo, Esquire, Deputy Attorney General, State of Delaware, Department of Justice, Wilmington, DE for defendants.
    Case Number: D68958

    Dismissal of declaratory judgment and mandamus action granted where funding program for DelDOT to complete road and transportation projects was a blend of legislative and executive powers and therefore did not violate separation of powers, and where plaintiffs failed to specify the relief sought through writ of mandamus.

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  • Washington v. Delaware Transit Corp.

    Publication Date: 2020-03-18
    Practice Area: Occupational Safety and Health
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Michael I. Silverman and Adrienne McDonald, Silverman McDonald & Friedman, Wilmington, DE for claimant.
    for defendant: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for employer.
    Case Number: D68917

    The court erred in affirming a finding by the Industrial Accident Board that claimant was not permanently impaired based on the outcome of a temporary disability proceeding. Reversed and remanded, because claimant was entitled to the opportunity to present his evidence at a permanent impairment hearing.

  • Cousins v. Dutton-McCormick

    Publication Date: 2020-03-18
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Daniel R. Cousins, James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
    for defendant: Stuart B. Drowos, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorney for defendants.
    Case Number: D68911

    Motion to compel production of documents granted to the extent that correctional facility could conduct additional search for the duty roster for the section and timeframe in question in plaintiff's inmate's complaint.

  • 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.

  • Speakman v. Williams

    Publication Date: 2020-03-11
    Practice Area: Constitutional Law | Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Thomas C. Crumplar and Raeann C. Warner of Jacobs & Crumplar, P.A.; Stephen J. Neuberger and Thomas S. Neuberger of The Neuberger Firm, P.A. for plaintiffs.
    for defendant: Michael P. Kelly, Steven P. Wood, Dawn Kurtz Crompton, Hayley J. Reese and Adam N. Saravay of McCarter & English, LLP for defendant city. James D. Taylor, Jr. and Jessica M. Jones of Saul Ewing Arnstein & Lehr for defendant Williams. Kathleen Furey McDonough, Jesse L. Noa and Tracey E. Timlin of Potter Anderson & Corroon LLP for defendant Goode.
    Case Number: D68909

    Plaintiffs failed to state a claim for a violation of constitutional law in this case involving the injury and death of multiple fire-fighters. Family members did not have standing to pursue wrongful death actions, but the representatives of those estates could do so.

  • Delaware Dep't of Natural Res. & Envt'l Control v. McGinnis Auto & Mobile Home Salvage, LLC

    Publication Date: 2020-03-04
    Practice Area: Environmental Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Ralph K. Durstein III, Department of Justice, Dover, DE for appellant.
    for defendant: John W. Paradee, Daniel F. McAllister, Stephen A. Spence, and Brian V. DeMott, Baird Mandalas Brockstedt, LLC, Dover, DE for appellee.
    Case Number: D68895

    Department of Natural Resources and Environmental Control's cease and desist powers could order a property owner to remove an environmentally-contaminating pile of waste, where the mere presence of the pile constituted an environmental violation and therefore removal of the pile would be required to cease and desist the violation.