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Publication Date: 2024-05-20
Practice Area: Civil Rights
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff:
for defendant:
Case Number: S23C-02-019 CAK
Department of Natural Resources and Environmental Control police officer was entitled to absolute and qualified immunity for false arrest claims where he and his agency were not insured by the state for such claims and where there was no allegation that officer acted in bad faith.
Publication Date: 2024-03-18
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
for defendant: Nicholas E. Bittner, Heckler & Frabizzio, Wilmington, DE for appellee.
Case Number: S23A-03-002 CAK
Industrial Accident Board properly denied claim of permanent impairment based on credibility determination, as claimant failed to seek prompt diagnostic testing or treatment following a work incident and did not disclose an intervening motor vehicle accident to her medical providers and evaluators, and employer's medical expert credibly testified as to the lack of permanent impairment.
Publication Date: 2024-02-12
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Richard E. Berl, Hudson Jones Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
for defendant: Aaron E. Moore, M. Claire McCudden, Marshall Dennehey, P.C., Wilmington, DE for defendant.
Case Number: S22C-07-002 CAK
Court dismissed former condominium owner's claims arising from the alleged failure to release a recorded lien, where owner's tender of payment was insufficient to satisfy the condominium association's recorded and statutory liens, as the association was not obligated to obtain a court judgment or record the statutory lien to collect.
Publication Date: 2023-11-06
Practice Area: Consumer Protection
Industry: Hospitality and Lodging | State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Dover, DE for petitioner.
for defendant: Owen P. Lefkon, Ryan T. Costa, Deputy Attorneys General, State of Delaware Department of Justice Wilmington, DE for respondent.
Case Number: S23M-06-018-CAK
Consumer Protection Unit had statutory authority to issue subpoenas to affiliate of manufactured home community owners where it was not exclusively bound to make civil investigative demands under the Consumer Fraud Act, and the subpoenas were sufficiently tailored to the scope of an investigation into the safety of the community residents.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Casey L. Ewart, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
for defendant: Natalie S. Woloshin, Woloshin Lynch & Associates, P.A., Wilmington, DE for defendant.
Case Number: # 1512017983
Although defense counsel conceded deficient performance during defendant's criminal trial, the court denied postconviction relief where the record showed defendant suffered no prejudice from any errors by trial counsel.
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Publication Date: 2023-07-10
Practice Area: Civil Rights
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.
Case Number: S23C-04-003 CAK
Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.
Publication Date: 2023-01-10
Practice Area: Labor Law
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
Case Number: S21C-02-003 CAK
Former employee failed to prove entitlement to commissions where his agreement conditioned commission on employer's receipt of payment from customers, but employer violated the Wage Payment and Collection Act by not timely paying earned commissions in accordance with the parties' practice.
Publication Date: 2022-12-27
Practice Area: Products Liability
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Heather Long, Kimmel Carter Roman Peltz & O’Neill, PA, Newark, DE; David L. Kwass, Benjamin Baer, Saltz Mongeluzzi & Bendesky P.C., Philadelphia, PA for plaintiff.
for defendant: Shari L. Milewski, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; David Killoran, Squire Patton Boggs, San Francisco, CA; Gerard Cedrone, Lavin, Cedrone, Graver, Boyd & DiSipio, Philadelphia, PA for defendants.
Case Number: S18C-06-002 CAK
Court declined to grant summary judgment dismissal based on alleged insufficiencies of plaintiff's expert's opinion where defendants' challenges to the expert's opinion were based primarily on factual disagreements that the jury was entitled to resolve.
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.
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.
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