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Publication Date: 2023-10-09
Practice Area: Government
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: James G. McMillan, III, William E. Green, Jr., Halloran Farkas + Kittila LLP, Wilmington, DE; Mark C. Rifkin, Benjamin Y. Kaufman, Freeman & Herz LLP, New York, NY; Arthur Susman, Law Office of Arthur Susman, Chicago, IL for plaintiff.
for defendant: Arthur G. Connolly, Max B. Walton, Christina M. Thompson, Lisa R. Hatfield, Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: 22-611-CJB
Concluding that a litigant does not have a cognizable property interest in abandoned property, the court dismissed plaintiff's complaint challenging the constitutionality of Delaware's Abandoned and Unclaimed Property Law. In addition, the court dismissed the complaint on ripeness grounds concluding that because the questions of whether plaintiff would actually make a claim on the property and be able to sufficiently demonstrate his ownership rights were unanswered, the parties' interests were not sufficiently adverse to give rise to
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.
Publication Date: 2022-08-23
Practice Area: Government
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Luke W. Mette, Armstrong Teasdale LLP, Wilmington, DE; Christopher P. Lynett, Bianca A. Valcare, Armstrong Teasdale LLP, Philadelphia, PA for plaintiff.
for defendant: Joana S. Suder, Deputy Attorney General, Wilmington, DE for respondent.
Case Number: D69928
Government agency sought motion to quash subpoena served by the Delaware Office of Auditor Accounts where the information sought included information relevant to the transaction of Medicaid payments rather than just finalized transactions themselves.
Publication Date: 2021-11-30
Practice Area: Government
Industry: Energy | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: D69629
Plaintiff appealed district court's dismissal of its preemption and procedural due process claims and denial of a preliminary injunction in action involving Delaware's unclaimed property law and court affirmed the dismissal of the expedited-audit procedural due process claim and vacated the dismissal of the preemption claim and denial of the preliminary injunction.
Publication Date: 2021-10-20
Practice Area: Government
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for appellant.
for defendant: David C. Skoranski, Delaware Department of Justice, Wilmington, DE for appellee.
Case Number: D69579
Legislative history and historical jurisprudence clearly indicated that "infamous crimes" that would render a person ineligible to hold public office only included felonies and not misdemeanors.
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Publication Date: 2020-11-11
Practice Area: Government
Industry: Chemicals and Materials | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Michael A. Laukaitis, II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Steven S. Rosenthal, Tiffany R. Moseley, John David Taliaferro, Loeb & Loeb LLP, Washington, DC for plaintiff.
for defendant: Michael P. Kelly, David A. White, Matthew J. Rifino, McCarter & English LLP, Wilmington, DE; Jameel S. Turner, James G. Ryan, Bailey Cavalieri LLC, Columbus, OH for defendant.
Case Number: D69188
An administrative subpoena was not overly broad and was allowed under the state's revised escheat law.
Publication Date: 2020-10-14
Practice Area: Government
Industry: Brokerage | E-Commerce | State and Local Government
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Bartholomew J. Dalton, Ipek Kurul, Dalton & Assoc., Wilmington, DE for plaintiff.
for defendant: Nicholas J. Brannick, Mary Jameson, New Castle County Office of Law, New Castle, DE for defendants.
Case Number: D69157
The court dismissed this defamation action against the county and a county official because defendants were entitled to immunity under the Tort Claims Act.
Publication Date: 2020-07-01
Practice Area: Government
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69031
Pro se relator could not pursue False Claims Act claim as the claim belonged to the United States and pro se litigants could not represent thirdparties.
Publication Date: 2020-06-03
Practice Area: Government
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Samuel L. Guy, The Law Office of Samuel L. Guy, Wilmington, DE for petitioner.
for defendant: Daniel A. Griffith and Kaan Ekiner, Whiteford Taylor Preston LLC , Wilmington, DE for respondent.
Case Number: D69003
Although a dispute about the validity of city council votes constituted a justiciable controversy, a rule re-quiring a supermajority vote for certain amendments did not violate the city charter.
Publication Date: 2019-03-27
Practice Area: Government
Industry:
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Oliver J. Cleary, Department of Justice, Wilmington, DE for the state.
for defendant: John S. Whitelaw and Katherine E. Sell, Community Legal Aid Society, Inc., Wilmington and Dover, DE; Travis W. England, Nationall Center for Law and Economic Justice, New York, NY for defendant. Joan-na J. Cline, Pepper Hamilton LLP, Wilmington, DE for amicus curiae David A. Super of Georgetown Univ. Law Center in support of defendant.
Case Number: D68505
The state was preempted by federal law from bringing a state court action against a recipient of public benefits for fraud where a state agency had already pursued an administrative action based on the identical facts.
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