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  • Wilson v. Gingerich Concrete & Masonry

    Publication Date: 2022-10-18
    Practice Area: Administrative Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Valihura
    Attorneys: For plaintiff: Walt Schmittinger, Gary Junge, Schmittinger & Rodriguez, Dover, DE for appellant.
    for defendant: H. Garrett Baker, Ezzufon, Austin & Mondell, Wilmington, DE for appellee.
    Case Number: K21A-06-002

    Court affirmed the decision of the Industrial Accident Board and the Superior Court denying compensation for a surgery arising out of a workers' compensation claim.

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

    Publication Date: 2022-10-11
    Practice Area: Administrative Law
    Industry: Automotive | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Kelly Farnan, Tyler Cragg, Richards, Layton & Finger, P.A., Wilmington, DE for appellant.
    for defendant: George T. Lees III, Delaware Department of Justice, Dover, DE for appellee.
    Case Number: N21A-09-001 CLS

    Court affirmed DMV's director's denial of a manufacturer's license for a dealership license on the basis that the Delaware Motor Vehicle Franchising Practices Act prohibits vehicle manufacturers from serving as dealers to consumers.

  • Nieves v. This & That Serv., Co.

    Publication Date: 2022-08-23
    Practice Area: Administrative Law
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger and Rodriguez, Dover, DE for plaintiff.
    for defendant: John J. Ellis, Heckler and Frabizzio, Wilmington, DE for defendant.
    Case Number: D69927

    Court reversed Industrial Accident Board's decision and remanded the case to be dismissed due to the fact that the appeal was not justiciable and claimant did not seek further relief.

  • Univar Solutions Inc. v. Geisenberger

    Publication Date: 2022-06-21
    Practice Area: Administrative Law
    Industry: Chemicals and Materials | Distribution and Wholesale | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Matthew J. Rifino, Travis Ferguson, McCarter & English LLP, Wilmington, DE; Jameel S. Turner, James G. Ryan, Bailey Cavalieri LLC, Columbus OH for plaintiff.
    for defendant: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Robert M. Vrana, Young Conaway Stargett & Taylor, LLP, Wilmington, DE for defendants.
    Case Number: D69858

    Constitutional challenges to audit under state escheat law overruled where there was no showing that state would undertake estimation of escheated property held by entity and where seizure of property owned by entities with foreign last known addresses did not violate the foreign commerce clause.

  • Zayas v. State

    Publication Date: 2022-03-22
    Practice Area: Administrative Law
    Industry: State and Local Government | Transportation
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Gary S. Nitsche, Joel H. Fredericks, Weik, Nitsche & Dougherty, LLC, Wilmington, DE for appellant.
    for defendant: John J. Klusman, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: D69755

    Board erred in accepting employer's medical expert's testimony after he refused to testify about claimant's treatment by physician under unrelated disciplinary investigation, and also erred in refusing to admit that provider's medical records into evidence.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Imhof v. Delaware Bd. of Med. Licensure & Discipline

    Publication Date: 2022-02-08
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Bruce A. Rogers, Bruce A. Rogers, P.A., Georgetown, DE for appellant.
    for defendant: Kemba Lydia-Moore, Patricia A. Davis, Deputy Attorneys General, Department of Justice, Dover, DE for appellee.
    Case Number: D69707

    The court held that there was substantial evidence for the hearing officer who denied paramedic licensure to decide that appellant engaged in crimes related to the practice of medicine and that appellant engaged in deceitful conduct that tended to bring discredit to the profession.

  • Delaware River & Bay Auth. v. Minor

    Publication Date: 2021-12-07
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Adria B. Martinelli, Lauren E.M. Russell, Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP for appellant.
    for defendant: Frank Minor, pro se appellee.
    Case Number: D69633

    The court held that the decision by Unemployment Insurance Appeal Board finding that the position held by appellee was not designated as a major policymaking position was supported by substantial evidence.

  • Wesley v. State of Delaware

    Publication Date: 2021-09-08
    Practice Area: Administrative Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Jurden
    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: D69531

    The court affirmed a decision by the Industrial Accident Board regarding additional compensation for a low back injury be-cause the board's findings were supported by substantial evidence.

  • Cobb v. Delaware Thoroughbred Racing Comm'n

    Publication Date: 2021-09-01
    Practice Area: Administrative Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Andrew G. Ahern, III, Joseph W. Benson, P.A., Wilmington, DE for appellant.
    for defendant: Andrew Kerber, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69519

    Court declined to stay suspension of horse trainer's license where jurisdictional challenge to agency sanction failed to raise a substantial issue warranting a stay.

  • Latsch v. Meding & Son, Inc.

    Publication Date: 2021-08-18
    Practice Area: Administrative Law
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Sarah Latsch, appellant pro se.
    for defendant: David N. Rutt, Moore & Rutt, P.A., Georgetown, DE for appellee.
    Case Number: D69507

    An employer had just cause to terminate an employee who had abandoned her job, so the court affirmed the Unemployment Insurance Appeal Board's determination that the claimant was not entitled to unemployment benefits.