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  • Light v. Davis

    Publication Date: 2023-10-09
    Practice Area: Government
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: James G. McMillan, III, William E. Green, Jr., Halloran Farkas + Kittila LLP, Wilmington, DE; Mark C. Rifkin, Benjamin Y. Kaufman, Freeman & Herz LLP, New York, NY; Arthur Susman, Law Office of Arthur Susman, Chicago, IL for plaintiff.
    for defendant: Arthur G. Connolly, Max B. Walton, Christina M. Thompson, Lisa R. Hatfield, Connolly Gallagher LLP, Wilmington, DE for defendants.
    Case Number: 22-611-CJB

    Concluding that a litigant does not have a cognizable property interest in abandoned property, the court dismissed plaintiff's complaint challenging the constitutionality of Delaware's Abandoned and Unclaimed Property Law. In addition, the court dismissed the complaint on ripeness grounds concluding that because the questions of whether plaintiff would actually make a claim on the property and be able to sufficiently demonstrate his ownership rights were unanswered, the parties' interests were not sufficiently adverse to give rise to

  • United States v. Kousisis

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry: Construction | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
    for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.
    Case Number: 19-3679

    District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.

  • Kroll v. City of Wilmington

    Publication Date: 2023-10-02
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Robert C. McDonald, Adrienne M. McDonald, Silverman McDonald & Friedman, Wilmington, DE for plaintiff.
    for defendant: Robert M. Goff, Jr., City of Wilmington Law Department, Wilmington, DE for defendants.
    Case Number: 2019-0969-KSJM

    Chancery court could exercise subject matter jurisdiction over former police officer's complaint challenging his termination for failure to comply with later-voided revised residency requirement, where declaratory judgment or certiorari review would be unlikely to afford relief given city's continued assertion, despite the striking down of the revised policy, that officer's termination was proper.

  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Construction | Legal Services | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
    Case Number: N21C-12-039

    Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.

  • In re COVID-Related Restrictions on Religious Serv.

    Publication Date: 2023-09-11
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Scott D. Cousins, Cousins Law LLC, Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney at Law, Wilmington, DE for plaintiffs.
    for defendant: Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.
    Case Number: N23C-01-123 MAA

    Plaintiffs' lawsuit challenging past COVID-19-related restrictions on houses of worship was dismissed where governor was entitled to qualified immunity as it was unclear at the time the restrictions were implemented that such restrictions were unconstitutional and where the lawsuit was not justiciable since there was no longer an active case or controversy.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Reylek v. Albence

    Publication Date: 2023-08-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, pro se petitioner.
    for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for Respondent.
    Case Number: K22M-07-010 NEP

    The court dismissed petitioner's request for a writ of mandamus to compel state officials to only employ valid and legally certified voting system/machines but deferred ruling on whether an actual controversy existed to support a declaratory judgment.

  • Minor v. Delaware River & Bay Auth.

    Publication Date: 2023-07-17
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff: William F. Cook, William M. Tambussi, Brown & Connery, Westmont, NJ for appellants.
    for defendant: Richard M. Pescatore, Vineland, NJ for appellee.
    Case Number: 21-2491

    District court erred in denying summary judgment on qualified immunity grounds where it considered public commissioners' claim of qualified immunity collectively rather than conducting individual analysis as to each commissioner's actions and knowledge.

  • Washington v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-06-27
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lavern C. Washington, pro se appellant.
    for defendant: Victoria E. Groff, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: N22A-03-004 CEB

    Court affirmed unemployment benefits disqualification where evidence clearly showed claimant knowingly underreported income, as his claim that he was instructed to do so by DOL employees lacked credibility.

  • Schafer v. Kent County Dep't of Planning Serv.

    Publication Date: 2023-06-13
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, J. Garrett Miller, Baird, Mandalas, Brockstedt, Federico & Cardea, LLC, Dover, DE for petitioners.
    for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston, LLC, Wilmington, DE; Richard A. Forsten, Pamela J. Scott, Gary W. Lipkin, Saul, Ewing, Arnstein & Lehr, LLP, Wilmington, DE for respondents.
    Case Number: K22C-11-014 JJC

    Although court lacked statutory authority to hear appeal from administrative decision of county staff since the statute only permitted appeals of decisions by the county's governing board, landowners could challenge the legality of a minor subdivision approval through a writ of certiorari.

  • Tesla Inc. v. Delaware Div. of Motor Vehicles

    Publication Date: 2023-06-06
    Practice Area: Administrative Law
    Industry: Automotive | Retail | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Kelly E. Farnan, Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE; Felicia H. Ellsworth, Sofie C. Brooks, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Ari Holtzblatt, Leon T. Kenworthy, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. for appellant.
    for defendant: George T. Lees III, Delaware Department of Transportation, Dover, DE for appellee.
    Case Number: 375, 2022

    DMV erred in interpreting Franchise Act to include a ban on the direct sales model, and vehicle manufacturer with no third-party dealers did not qualify as a "manufacturer" under the Act's definition.