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

    Publication Date: 2020-05-20
    Practice Area: Regulation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Benjamin A. Schwartz and Gwendolyn Osborn-Gustavson, Schwartz & Schwartz, Attorneys at Law, P.A., Dover, DE for appellant.
    for defendant: Patricia A. Davis, Delaware Deputy State Solicitor, Dover, DE for appellee.
    Case Number: D68984

    Medical board did not err in revoking doctor's license where it expressly declined to rely on improper factual findings by hearing officer and where sufficient evidence existed to support finding that doctor engaged in inappropriate sexual relationship with a patient in exchange for opioid prescriptions.

  • 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.

  • Delaware Bd. of Nursing v. Francis

    Publication Date: 2018-10-17
    Practice Area: Administrative Law | Health Care Law | Regulation
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Carla A.K. Jarosz, attorney for appellant
    for defendant: Daniel A. Griffith, attorney for appellees.
    Case Number: D68318

    State not obligated to prove that nurse's breach of professional standards also caused harm to a patient or the public to impose discipline for violations.

  • FMC Corp. v. New Castle Co. Special Serv. Dept.

    Publication Date: 2018-03-14
    Practice Area: Government | Regulation
    Industry:
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Jessica C. Watt and Brendan K. Collins for petitioner
    for defendant: Max B. Walton, Kyle E. Gay and Marlaine A. White for defendant.
    Case Number: D68074

    The general manager of a county special services department exceeded her authority in issuing a final order that imposed fines and injunctive relief for a partys failure to comply with the restrictions of a permit. Administrative order vacated.

  • Bridgeville Rifle & Pistol Club, Ltd. v. Small

    Publication Date: 2017-12-27
    Practice Area: Civil Appeals | Regulation
    Industry: Entertainment and Leisure
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Francis G.X. Pileggi and Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, attorneys for appellants
    for defendant: Ralph K. Durstein and Devera B. Scott, State of Delaware Department of Justice, Dover, DE, attorneys for appellees.
    Case Number: D67983

    State agencies lacked authority to impose regulations amount to near-total ban on lawful firearms in state parks and forests, where Delaware Constitution protected citizens rights to bear lawful arms both inside and outside the home for the defense of self and family.