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  • Albence v. Higgin

    Publication Date: 2022-12-27
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Alexander S. Mackler, Allison J. McCowan, Zi-Xiang Shen, Victoria R. Sweeney, Delaware Department of Justice, Wilmington, DE for appellants.
    for defendant: M. Jane Brady, Brady Legal Group LLC, Lewes, DE; Charlotte Davis, Noel H. Johnson, Public Interest Legal Foundation, Indianapolis, IA; Julianne E. Murray, Law Office of Murray, Phillips & Gay, Georgetown, DE for appellees.
    Case Number: 342, 2022

    Same-day voter registration and vote-by-mail statutes violated the Delaware constitution, which specifically enumerated the categories of citizens entitled to cast votes by absentee ballot and also effectively undercut enumerated rights to challenge voter registration records.

  • Fretz v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-12-20
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Fretz, pro se appellant
    for defendant: Dover, DE. Michael G. Rushe, Hudson, Jones, Jaywork & Fisher, LLC, Dover, DE; Victoria E. Groff, Department of Justice, Wilmington, DE for appellees.
    Case Number: K22A-05-003 NEP

    The court remanded a decision of the Unemployment Insurance Appeal Board denying appellant's unemployment benefits on the basis that he voluntarily left his position and therefore did not qualify for benefits under 19 Del. C. §3314(1).

  • In re COVID-Related Restrictions on Religious Servs.

    Publication Date: 2022-12-06
    Practice Area: Government
    Industry: Non-Profit | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Scott D. Cousins, Scott D. Jones, Cousins Law LLC, Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney At Law, Wilmington, DE, for plaintiffs.
    for defendant: Zi-Xiang Shen, State of Delaware Department Of Justice, Wilmington, DE; Brad D. Sorrels, Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.
    Case Number: 2021-1036-JTL

    Chancery court lacked subject matter jurisdiction over challenge filed by religious leaders to COVID-19 in-person gathering restrictions where plaintiffs had failed to demonstrate reasonable apprehension that state would reimpose such restrictions after it entered a settlement agreeing not to impose similar restrictions in the future.

  • Shaheed v. City of Wilmington

    Publication Date: 2022-11-29
    Practice Area: Civil Rights
    Industry: Automotive | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: John W. Shaw, Shaw Keller LLP, Wilmington, DE; Robert E. Johnson, Institute for Justice, Shaker Heights, OH; William Aronin, Institute for Justice, Arlington, VA for plaintiffs.
    for defendant: Laura Najemy, Rosamaria Tassone-DiNardo, City of Wilmington Law Department, Wilmington, DE; David J. Ferry, Jr., Rick S. Miller, Ferry Joseph, P.A., Wilmington, DE; Neil Raymond Lapinski, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE; Joseph W. Benson, Andrew G. Ahern, III, Joseph W. Benson, P.A., Wilmington, DE; Neil Raymond Lapinski, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.
    Case Number: 21-1333-CFC

    Court found no due process violation from towing and impoundment of vehicles where car owners were provided with adequate notice to be heard following towing, as pre-towing hearings or release of vehicles on demand would be impractical and would nullify the city's interest in towing repeat violators.

  • White v. Golding

    Publication Date: 2022-11-29
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1833-SRF

    Americans with Disabilities Act could apply to police encounter resulting in fatal shooting of suspect where police were advised that suspect suffered from multiple mental health conditions and thus could be considered to have a mental disability.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Craft v. Simpler

    Publication Date: 2022-11-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: James M. Stiller, Jr., Schwartz & Schwartz, Dover, DE for petitioner.
    for defendant: Bradley S. Eaby, Deputy Attorney General, Department of Justice, Dover, DE for respondent.
    Case Number: K20M-10-034 NEP

    DMV probable cause determination constituted a "conviction" for purposes of imposing a CDL suspension where a "conviction" did not necessarily require proof beyond a reasonable doubt and the intent behind license suspension was to ensure protection of the public rather than to impose criminal punishment.

  • Davis v. Town of S. Bethany Beach

    Publication Date: 2022-10-25
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Eric G. Mooney, Eric G. Mooney, P.A., Georgetown, DE; Tasha Marie Stevens-Gueh, Andrew & Stevens-Gueh, LLC, Georgetown, DE for plaintiff.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Montchanin, DE for defendant.
    Case Number: S20C-06-018 CAK

    Promissory estoppel claim for denial of retirement benefits not dismissed where former employee sufficiently pled that prior versions of employer's personnel manual and employer's conduct created a promise that employee would be entitled to benefits despite subsequent amendments to eligibility requirements.

  • State of Delaware v. Concrete Tech. Resurfacing & Design, Inc.

    Publication Date: 2022-10-25
    Practice Area: Discovery
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Michael Clarke, Deputy Attorney General, Consumer Protection Unit, Delaware Department of Justice, Wilmington, DE for plaintiff.
    for defendant: John V. Work, Law Office of John V. Work, Wilmington, DE for defendants.
    Case Number: N19C-05-323 FWW

    The court granted plaintiff's requests for sanctions based on a failure to produce discoverable materials and spoliation of discoverable information.

  • Crown Castle Fiber LLC v. City of Wilmington

    Publication Date: 2022-10-18
    Practice Area: Telecommunications
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Geoffrey G. Griver, Buchanan Ingersoll & Rooney, PC, Wilmington, DE; Shawn N. Gallagher, Buchanan Ingersoll & Rooney, PC, Philadelphia, PA for plaintiff.
    for defendant: Gary W. Lipkin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Charles A. Zdebski, Eckert Seamans Cherin & Mellott, LLC, Washington, DC; Bradley S. Eaby, Deputy Attorney General, State of Delaware Department of Justice, Dover, DE for defendants.
    Case Number: N21C-08-126 PRW

    Court denied wireless infrastructure company summary judgment in action challenging city-mandated franchise agreements for node installation, where there were outstanding issues of material fact regarding whether the franchise agreements were exempted from the preemptive effect of the Federal Telecommunications Act.

  • Markert v. Bd. of Adjustment of the City of Rehoboth Beach

    Publication Date: 2022-10-11
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: William B. Larson, Tye C. Bell, Manning Gross + Massenberg LLP, Wilmington, DE for appellant.
    for defendant: Richard A. Forsten, Pamela J. Scott, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellees.
    Case Number: S22A-02-003 CAK

    Upward variance from floor area ratio affirmed where variance was needed for hotel developer's aesthetic vision for project, which sought not to increase density but rather to provide additional amenities and retail space.