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103 results for '* topic:"Administrative Law"' You can use Search Constraints to get even better search results
Publication Date: 2019-04-17
Practice Area: Administrative Law
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Witham
Attorneys: For plaintiff: Daniel F. McAllister, Baird Mandalas Brockstedt, LLC, Wilmington, DE for petitioner.
for defendant: Oliver J. Cleary, Dep't of Justice, Wilmington, DE for respondents.
Case Number: D68529
An agency's determination was arbitrary and unreasonable, because it was not based on sufficient factual findings.
Publication Date: 2019-03-06
Practice Area: Administrative Law
Industry: Chemicals and Materials | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ralph K. Durstein, III, Deputy Attorney General, Department of Justice, Dover, DE for the state.
for defendant: John W. Paradee, Daniel F. McAllister and Stephen A. Spence, Baird, Mandalas, Brockstedt, LLC, Do-ver, DE for McGinnis Auto & Mobile Home Salvage, Inc.
Case Number: D68452
An agency exceeded its statutory authority when it issued a cease and desist order which purported to man-date corrective action.
Publication Date: 2019-03-06
Practice Area: Administrative Law | Trademarks
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Barry F. Irwin, Reid P. Huefner and Chris Eggert, Irwin LP, Chicago, IL for plaintiff.
for defendant: David C. Weiss, United States Attorney, Jennifer Hall, Assistant United States Attorney, Wilmington, DE; Mark Lacedonia, Tate Keenan, Office of Chief Counsel, U.S. Customs and Border Protection, De-partment of Homeland Security, Washington, DC for defendants.
Case Number: D68451
The court lacked subjected matter jurisdiction as to forfeiture claims because the agency had discretion in handling such claims, and plaintiff had an alternative remedy.
Publication Date: 2019-02-27
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Tammy Harvey, Felton, DE, pro se plaintiff. Eric P. Kressman, Regional Counsel, and Annie Kernicky, Assistant Deputy Regional Counsel, Office of the Regional Chief, Social Security Administration, Philadelphia, PA; David C. Weiss, U.S. Attorney for the District of Delaware, Wilmington, DE
for defendant: Heather Benderson, Special Assistant U.S. Attorney, Office of the General Counsel, Philadelphia, PA for defendant.
Case Number: D68472
Claimant not entitled to SSI benefits, where substantial evidence supported the conclusion that her disability was caused by her alcoholism, since the Social Security Act precluded benefits for claimants disabled by alcoholism or drug addiction.
Publication Date: 2019-02-20
Practice Area: Administrative Law | Environmental Law
Industry: Chemicals and Materials | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Christopher M. Coggins, Coggins Law, LLC, Wilmington, DE for appellants.
for defendant: Robert F. Phillips, Deputy Attorney General, Department of Justice, New Castle, DE for appellees.
Case Number: D68462
Environmental Appeals Board correctly dismissed an appeal from an oral statement of the secretary of Department of Natural Resource and Environmental Control where such statement merely stated DNREC's litigation position and did not constitute an appealable final agency action and where the appeal was patently untimely.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2019-01-23
Practice Area: Administrative Law | Evidence
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Gary C. Linarducci, New Castle, DE; Thomas D. Sutton, Leventhal, Sutton & Gornstein, Trevose, PA for plaintiff.
for defendant: Nora Koch and Heather Benderson, Social Security Administration Office of General Counsel, Philadelphia, PA for defendant.
Case Number: D68436
An administrative law judge improperly substituted her opinion for that of plaintiff's treating specialist, and her opinion re-garding plaintiff's medical condition was not based on substantial evidence.
Publication Date: 2019-01-16
Practice Area: Administrative Law | Health Care Law
Industry: Health Care | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Francis G.X. Pileggi, Brian D. Ahern, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Michael P. Flammia, Eckert Seamans Cherin & Mellott, LLC, Boston, MA; Christopher E. Torkelson, Eckert Seamans Cherin & Mellott, LLC, Princeton, NJ for appellant.
for defendant: Lauren E. Maguire and Adria B. Martinelli, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: D68423
Medicaid recipients were afforded due process after the state terminated community-based coverage of graduated electronic decelerator services where an administrative hearing officer determined GED was not a covered service under federal Medicaid regulations.
Publication Date: 2019-01-09
Practice Area: Administrative Law | Expert Witnesses
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Thynge
Attorneys: For plaintiff:
for defendant:
Case Number: D68415
ALJ could afford treating physicians' testimony less weight during SSDI application hearing where physicians' conclusions regarding applicant's limitations were unsupported by the medical record and by the ALJ's observations of the applicant.
Publication Date: 2019-01-02
Practice Area: Administrative Law | Evidence
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Thynge
Attorneys: For plaintiff:
for defendant:
Case Number: D68411
The decision of an administrative law judge denying plaintiff's claim for Social Security disability benefits was supported by substantial evidence.
Publication Date: 2018-12-26
Practice Area: Administrative Law | Attorney Compensation
Industry: Food and Beverage
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE for claimant.
for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE for Pepsi Bottling Ventues, LLC.
Case Number: D68404
An employee was not entitled to a presumption that her post-injury wages equaled her post-injury earning power, so her partial disability benefits were properly reduced.
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