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  • DeJesus v. State

    Publication Date: 2019-11-27
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for plaintiffs
    for defendant: Joseph C. Handlon and Ryan P. Connell, Department of Justice, Wilmington, DE for defendants.
    Case Number: D68784

    Corrections officers entitled to qualified immunity in deliberate indifference case where record did not support finding that inmate had particular vulnerability to suicide or that officers knew or should have known of such vulnerability.

  • Allmaras v. Bd. of Adjustment of Sussex County

    Publication Date: 2019-11-27
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Joseph J. Rolla, Lewes, DE, Janice Allmaras, Lewes, DE, Robert Viscount, Lewes, DE, pro se petitioners
    for defendant: James P. Sharp, Moore & Rutt, P.A., Georgetown, DE for respondent.
    Case Number: D68782

    Petitioners were not entitled to use relation-back doctrine to bring amended land use complaint naming the landowner as a respondent within the 30-day deadline for appeal of the land use decision where the court rule required there be a mistake as to the identity of the correct party and there was no mistake in the present case over the landowner's identity.

  • Shabazz v. Delaware Dep't of Corr.

    Publication Date: 2019-11-27
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew G. Summers, Brittany M. Giusini and William J. Burton, Ballard Spahr LLP, Wilmington, DE for plaintiff.
    for defendant: Adria B. Martinelli and Allison J. McCowan, Delaware Dep’t of Justice, Wilmington, DE for defendants.
    Case Number: D68787

    The court allowed plaintiff to file a third amended complaint beyond the time allowed under the scheduling order, but only to the extent that plaintiff was able to allege specific facts relating to the involvement of an additional defendant.

  • Southeastern Pennsylvania Transp. Auth. v. Facebook, Inc.

    Publication Date: 2019-11-20
    Practice Area: Corporate Governance
    Industry: E-Commerce | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Tiffany J. Cramer and Vera G. Belger, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE for plaintiffs.
    for defendant: David E. Ross and R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE for defendant.
    Case Number: D68777

    Plaintiffs were not entitled to corporate books and records because they failed to demonstrate a credible basis to infer corporate wrongdoing.

  • Colburn v. Bd. of Adjustment of the City of New Castle

    Publication Date: 2019-10-23
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Josiah Wolcott, Connolly Gallagher LLP for appellants.
    for defendant: Daniel Losco and Geena Khomenko George, Losco & Marconi, P.A. for appellees.
    Case Number: D68746

    A board of adjustment failed to articulate the reasons why a building official's determination about the characterization of a right of way was correct.

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    Authors: Rosemary Alito

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  • 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.

  • State of Delaware ex. rel. French v. CVS Health Corp.

    Publication Date: 2019-10-09
    Practice Area: Civil Procedure
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Bruce E. Jameson and Samuel L. Closic, Prickett, Jones & Elliott, P.A., Wilmington, DE; Justin S. Brooks and Elizabeth H. Shofner, Guttman & Buschner & Brooks, PLLC, Wilmington, DE for plaintiff-relator.
    for defendant: Kenneth J. Nachbar, Michael Houghton, Matthew R. Clark and Barnaby Grzaslewicz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ethan D. Miller, Jason D. Popp and Gavin Reinke. Alston & Bird LLP for CVS Health Corporation. Stephen E. Jenkins, Catherine Gaul, F. Troupe Mickler, IV, Ashby & Geddes, Wilmington, DE for Card Compliant and CardFact defend-ants. Brian E. Farnan , Farnan LLP, Wilmington, DE for Vacation Properties United Ltd. and The Factoring Co.
    Case Number: D68731

    The court dismissed this qui tam action involving an allegedly fraudulent scheme for depriving the state of money it was enti-tled to from unused gift cards.

  • Jackson v. Ivens

    Publication Date: 2019-10-09
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Stuart B. Drowos, Department of Justice, Wilmington, DE for state defendants.
    for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston L.L.C., Wilmington, DE for Correctional Medical Services defendants. Karine Sarkisian, White and Williams, Wilmington, DE for defendants.
    Case Number: D68729

    Plaintiff did not file his motion for relief from a judgment within a reasonable time, and he failed to demonstrate that "newly discovered evidence" would have changed the outcome at trial, or that a grave miscarriage of justice occurred.

  • Harmon v. Sussex Co.

    Publication Date: 2019-09-25
    Practice Area: Constitutional Law
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Sandra Harmon, Hartsville, SC, pro se plaintiff.
    for defendant: Kevin J. Connors and Artemio C. Aranilla, II, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defend-ants.
    Case Number: D68713

    The county followed all of its procedures regarding the demolition of an unsafe structure and the foreclosure of a lien against plaintiff's property.

  • Pumphrey v. Allen Harim Foods

    Publication Date: 2019-09-11
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Timothy D. Pumphrey, Lincoln, DE, pro se appellant.
    for defendant: Daniel C. Mulveny and Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68700

    The Unemployment Insurance Appeals Board properly affirmed a referee's decision, because the claimant failed to timely file his appeal. Affirmed.