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  • In Re Subpoena Request of McGuiness

    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.

  • Lewis v. Delaware Dep't of Transp.

    Publication Date: 2022-08-16
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Anthony N. Delcollo, Christopher J. Isaac, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: Allison J. McCowan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69924

    Terminated employee was not denied opportunity to contest prior disciplinary infractions, where those infractions were resolved by memoranda of understanding in which employee agreed not to contest those infractions or his discipline.

  • Hull v. The Bd. of Educ. of Brandywine Sch. Dist.

    Publication Date: 2022-08-16
    Practice Area: Labor Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: James H. McMackin, III, Morris James LLP, Wilmington, DE for appellee.
    Case Number: D69923

    James Hull appealed from the Brandywine School District's board of education decision to terminate Hull's employment as the driver's education teacher at Concord High School. Hull had worked as a driver's ed teacher at Concord High School for approximately 20 years.

  • State v. Reed

    Publication Date: 2022-08-09
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Matthew C. Bloom, Caroline Brittingham, Nichole Gannett, Deputy Attorneys General, Delaware Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Patrick J. Collins, Wilmington, DE for defendant.
    Case Number: D69916

    Trial counsel did not render ineffective assistance where credible testimony showed that they had a nuanced discussion with defendant about the demographic makeup of juries in the county and did not, as defendant claimed, assert that he would not receive a fair trial due to his race.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2022-08-02
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: D69908

    Pregnancy discrimination and wrongful termination claims were not dismissed where the lack of a disciplinary record could permit an inference of a nexus between employee's pregnancy and maternity leave and employer's decision to terminate.

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    Lackawanna/Luzerne County Court Rules 2023

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  • State ex rel. Jennings v. Monsanto Co.

    Publication Date: 2022-07-26
    Practice Area: Environmental Law
    Industry: Chemicals and Materials | Manufacturing | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Christian Douglas Wright, Ralph K. Durstein, III, State of Delaware Department of Justice, Wilmington, DE; Amy Williams-Derry, Daniel Mensher, Alison S. Gaffney, Keller Rohrback L.L.P., Seattle, WA; Keil Mueller, Steve Larson, Emily Johnson, Stoll Stoll Berne Lokting & Shlachter P.C., Portland, OR for plaintiff.
    for defendant: Christian J. Singewald, Timothy S. Martin, Daryll Hawthorne-Searight, White and Williams LLP, Wilmington, DE; Thomas M. Goutman, David S. Haase, Kim Kocher, Shook, Hardy & Bacon L.L.P., Philadelphia, PA; Adam E. Miller, Susan L. Werstak, Shook, Hardy & Bacon L.L.P., St. Louis, MO; Richard L. Campbell, Shook, Hardy & Bacon L.L.P., Boston, MA for defendants.
    Case Number: D69901

    State's regulatory control over public lands and waters was insufficient to confer standing to assert a trespass claim arising from alleged environmental contamination where trespass required exclusive possession.

  • Simon Prop. Group, L.P. v. Regal Ent. Group

    Publication Date: 2022-07-19
    Practice Area: Landlord Tenant Law
    Industry: Entertainment and Leisure | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Timothy R. Dudderar, Jesse L. Noa, Carla M. Jones, Potter Anderson & Corroon, LLP, Wilmington, DE; David M. Fedder, Dentons US LLP, St. Louis, MO; Shannon Shin, Dentons US LLP, Chicago, IL for plaintiff.
    for defendant: Kashif I. Chowdhry, Parkowski Guerke & Swayze, P.A., Dover, DE; Curtis Romig and Kevin Arocha, Bryan Cave Leighton Paisner LLP, Atlanta, GA; Erin A. Kelly, Bryan Cave Leighton Paisner LLP, Denver, CO for defendant.
    Case Number: D96890

    Court enforced guaranty provision under commercial lease following non-payment of rent due to financial difficulties caused by COVID-19 shutdowns, where the leases allocated risk of a force majeure event to tenants.

  • Qlarant v. IP Commercialization Labs, LLC

    Publication Date: 2022-07-19
    Practice Area: Corporate Governance
    Industry: Consulting | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Daniel M. Silver, Johanna Peuscher-Funk, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: John G. Harris, Berger Harris LLP, Wilmington, DE; Meredith Sharoky Paley, Spiro Harrison, Short Hills, NJ; Jason Charles Spiro, Spiro Harrison, Red Bank, NJ for defendant.
    Case Number: D69887

    Court lacked personal jurisdiction over purported shareholder of party to asset purchase agreement, where the purported shareholder had no contacts with Delaware and the court declined to enforce the forum selection clause in the APA as the shareholder was not a signatory to that contract.

  • Quaile v. Nat'l Tire & Battery

    Publication Date: 2022-07-19
    Practice Area: Labor Law
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Wasserman & Scerba, LLC, Wilmington, DE for plaintiff.
    for defendant: Keri L. Morris-Johnston, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant.
    Case Number: D69891

    Injured worker was entitled to recover outstanding medical expenses not covered by private health insurance after employer wrongfully denied compensable injury.

  • State v. MacColl

    Publication Date: 2022-07-19
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Mark A. Denney, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for plaintiff.
    for defendant: Eugene J. Maurer, Jr., Eugene J. Maurer, Jr., P.A., Wilmington, DE for defendant.
    Case Number: D69893

    Former police officer could not rely on protections for statements to internal affairs investigators afforded by Garrity v. New Jersey, where the police officer was alleged to have made false statements and the Fifth Amendment only protected against self-incrimination through truthful statements.