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  • State of Delaware v. Williamson

    Publication Date: 2020-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David Hume, IV and John W. Donahue, IV, Dep’t of Justice, Georgetown, DE for the state.
    for defendant: Thomas A. Pedersen and Michael R. Abram for defendant.
    Case Number: D69020

    The court denied defendant's motion to dismiss the murder charges against him, and it granted the state's motion to involuntarily medicate defendant to restore his competency to stand trial.

  • Leonard v. Unemployment Ins. Appeal Bd.

    Publication Date: 2019-12-04
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Gloria J. Leonard, Dagsboro, DE, pro se plaintiff.
    for defendant: Daniel C. Mulveny of the Dep’t of Justice, Wilmington, DE for the Unemployment Ins. Appeal Bd. Alan D. Albert, Wilming-ton, DE for RKB Funerals. Victoria W. Counihan, Wilmington, DE for the Dep’t of Labor.
    Case Number: D68794

    Employee voluntarily terminated her employment without good cause, so she was not entitled to receive unemployment bene-fits. Affirmed.

  • Hastings v. Watson

    Publication Date: 2019-12-04
    Practice Area: Regulation
    Industry: Construction | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Ronald E. Hastings, Ponte Vedra Beach, FL, pro se plaintiff.
    for defendant: Michael R. Smith, Seaford, DE for defendants.
    Case Number: D68793

    Although plaintiff alleged sufficient facts to support his fraud claims, the court held those claims were barred by the doctrines of res judicata and collateral estoppel. Motion to dismiss granted.

  • Stella v. Roberts

    Publication Date: 2019-11-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: R. Eric Hacker and Robert G. Gibbs, Georgetown, DE for plaintiff.
    for defendant: Scott Wilcox and Ryan Adams, Georgetown, DE for defendant.
    Case Number: D68765

    Defendant failed to demonstrate excusable neglect, and plaintiff was entitled to summary judgment on his ejectment claim.

  • Bailey v. Mountaire Farms

    Publication Date: 2019-10-02
    Practice Area: Labor Law
    Industry: Agriculture
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David T. Bailey, Seaford, DE, pro se appellant.
    for defendant: Barry M. Willoughby and Lauren E.M. Russell, Rodney Square, Wilmington, DE, and Daniel C. Mulveny and Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: D68718

    Employee had not voluntarily resigned with good cause attributable to work where there was no evidence alternative position was outside employee's medical restrictions and where employee failed to give employer opportunity to address employee's physical or medical limitations before resigning.

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  • Lesniczak v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2019-09-11
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Frederick S. Freibott and Dennis Mason, II, The Freibott Law Firm, P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffery A. Young, Young and McNelis, Dover, DE for defendant.
    Case Number: D68698

    An insurer's obligation under Delaware's personal injury protection law did not extend to a situation where the insured stepped in an open drain while washing his vehicle.

  • 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.

  • State v. Conaway

    Publication Date: 2019-08-14
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Casey L. Ewart and Rebecca E. Anderson, Department of Justice, Georgetown, DE for the state.
    for defendant: Joseph A. Hurley, Wilmington, DE for defendant.
    Case Number: D68668

    The court granted defendant's motion for severance where he was charged with raping multiple victims, but denied his request for a bill of particulars, because the state was not required to sort and index exculpatory evidence for defendant.

  • Barn Hill Preserve of Delaware, LLC v. The Bd. of Adjustment of the Town of Ocean View, Delaware

    Publication Date: 2019-06-12
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Brian J. McLaughlin, Mozack Mersky McLaughlin Browder, P.A., Wilmington, DE for petitioner
    for defendant: Dennis L. Schrader and Eric R. Hacker, Morris James LLP, Georgetown, DE for respondent.
    Case Number: D68591

    Town board properly denied special exception to permit applicant to operate wildlife educational center as a permitted use where substantial evidence supported conclusion that center would cause objectionable odors and where applicant failed to demonstrate center would not have detrimental effect on traffic.

  • Protect Our Indian River v. Sussex County Bd. of Adjustment

    Publication Date: 2019-05-29
    Practice Area: Land Use and Planning
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Andrea G. Green, Law Office of Andrea G. Green, Millsboro, DE for petitioners
    for defendant: Robert G. Gibbs and R. Eric Hacker, Morris James LLP, Georgetown, DE for respondents
    Case Number: D68576

    Special use exception application properly granted where applicant presented sufficient documents and testimony to permit the local board of adjustment to conclude applicant had met the requirements for a special use exception and where the board found petitioners' objections outweighed for not being directly connected to the proposed facility.