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  • Delawareans for Educ. Opportunity v. Carney

    Publication Date: 2018-10-17
    Practice Area: Real Estate | Tax
    Industry: Real Estate | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Ryan Tack-Hooper, Karen Lantz, Richard H. Morse and Brian S. Eng, attorneys for plaintiffs
    for defendant: Barry M. Willoughby, Kathaleen St. J. McCormick, Lauren E.M. Russell, Elisabeth S. Bradley, Lauren Dunkle Fortunato, William W. Pepper Sr., Gary E. Junge, Herbert W. Mondros, Helene Episcopo, Adam Singer and Mary A. Jacobson, attorneys for defendants.
    Case Number: D68320

    Court had jurisdiction to order equitable relief for counties' failure to collect local property taxes according to fair market values as mandamus relief was not available since there was no statutory requirement for regular scheduling of assessments and prohibitive injunctive relief was unavailable under a writ of mandamus.

  • Saunders v. Dep't of Corr.

    Publication Date: 2018-10-10
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68314

    An inmate was not entitled to counsel in this disability and civil rights proceeding, and the time provided for discovery in the scheduling order had already expired.

  • Daniels v. Delaware Psychiatric Ctr.

    Publication Date: 2018-10-03
    Practice Area: Evidence | Government | Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Tomeka M. Daniels, Wilmington, DE, pro se plaintiff
    for defendant: Joseph Clement Handlon, Deputy Attorney General, and Lauren E. Maguire, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorneys for defendant.
    Case Number: D680304

    Race discrimination and hostile work environment claims failed where plaintiff failed to present evidence that adverse employment actions and hostile environment were motivated by plaintiff's race.

  • Mason v. State of Delaware

    Publication Date: 2018-10-03
    Practice Area: Civil Rights | Employment Litigation | Government
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Joseph Clement Handlon, Deputy Attorney General, and Adria Benner Martinelli, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.
    for defendant: N/A
    Case Number: D680305

    An employee's complaint failed to adequately allege claims against a state employer for discrimination, retali-ation, or for violations of laws intended to benefit former service members.

  • Bass v. Drace

    Publication Date: 2018-10-03
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Donald F. Bass, Smyrna, DE, pro se plaintiff
    for defendant: Kenisha LaShelle Ringgold, Deputy Attorney General, and Ophelia Michelle Waters, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorneys for defendant.
    Case Number: D680302

    Excessive force claims failed where corrections officers employed force necessary to secure disruptive, recalcitrant, and armed inmate.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Dep't of Transp. v. Keeley

    Publication Date: 2018-09-26
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68296

    The date of mailing rather than the date of an order was decisive for appeal purposes, so defendant timely appealed an administrative order.

  • Abdul-Akbar v. DHSS Hearing Office

    Publication Date: 2018-09-26
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Debro Abdul-Akbar, Wilmington, DE, appellant pro se
    for defendant: Geoffrey G. Grivner, Buchanan, Ingersoll & Rooney, PC, Wilmington, DE, attorney for appellee.
    Case Number: D68294

    Appeal dismissed where filed outside the 30-day deadline for appeals and where appellant failed to demonstrate any good cause for extending the deadline.

  • State of Delaware ex rel. French v. Card Complaint, LLC

    Publication Date: 2018-09-12
    Practice Area: Business Torts | Deals and Transactions
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Thomas E. Brown, Edward K. Black and Stephen G. MacDonald for the state
    for defendant: Stuart M. Grant, Mary S. Thomas, Laina M. Herbert and Vivek Upadhya for relator French; Stephen E. Jenkins, Catherine A. Gaul, Richard M. Zuckerman, Sean Cenawood, Kiran Patel and Catharine Luo for Card Compliant defendants; Kenneth J. Nachbar, Michael Houghton, Matthew R. Clark, Barnaby Grzaslewicz, Ethan D. Millar, J. Andrew Howard, William R. Mitchelson, Jr., Jason D. Popp, Colm F. Connolly, Jody C. Barillare, Gregory T. Parks, Ezra D. Church, Courtney McCormick, David S. Eagle, Mi-chael W. Yurkewicz, Martin I. Einstein, David Swetnam-Burland, Stacy O.Stitham, Brian M. Rostocki, Benjamin P. Chapple, Michael J. Wynne, David A. Rammelt, Brian E. Farnan, Shawn J. Organ and Josh-ua M. Feasel for additional defendants.
    Case Number: D68285

    Factual issues prevented summary judgment in this false claims matter, and defendants failed to establish ex-traordinary circumstances for disregarding the law of the case.

  • Sekyi v. Delaware Bd. of Pharmacy

    Publication Date: 2018-09-12
    Practice Area: Administrative Law | Evidence
    Industry: Pharmaceuticals | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff: Eileen Kelly for plaintiff
    for defendant: Gregory A. Morris for defendant.
    Case Number: D68284

    The board of pharmacy improperly considered additional evidence beyond the record when it imposed a greater sanction on a licensee than did the hearing officer.

  • Fowler v. State

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
    for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.
    Case Number: D68279

    Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.