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  • State of Delaware, Dep't of Fin. v. AT&T Inc.

    Publication Date: 2021-06-16
    Practice Area: Administrative Law
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
    for defendant: Brian M. Rostocki, Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Sara A. Lima, Reed Smith LLP, Philadelphia, PA for defendant.
    Case Number: D69437

    Where defendant made a particularized showing regarding an improper purpose in connection with an agency's issuance of a governmental subpoena, the court was entitled to request further submissions before deciding the matter.

  • State of Delaware, ex rel. Jennings v. Capriglione

    Publication Date: 2021-05-19
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Mark A. Denny, Jr., David C. Skoranski, Dep’t of Justice, Wilmington, DE for petitioner.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for respondent Capriglione. N. Christopher Griffiths, Daniel R. Stanek, Connolly Gallagher LLP, Wilmington, DE for respondent Town of Newport.
    Case Number: D69402

    A conviction for the misdemeanor of official misconduct qualified as an "infamous crime" within the mean-ing of the Delaware constitution, so the individual was precluded from subsequently holding public office.

  • Browning v. State of Delaware

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for appellant.
    for defendant: Keri L. Morris-Johnson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: D69398

    Injury that occurred on state-owned property was insufficient to trigger premises exception to the coming and going rule for public employee where the employee's injury occurred as she walked to the courthouse and had not crossed the threshold of courthouse property.

  • Johnson-Krumm v. City of Seaford

    Publication Date: 2021-05-12
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Rosemary J. Piergiovanni, Farnan LLP, Wilmington, DE for plaintiff.
    for defendant: Daniel A. Griffith, Kaan Ekiner, Whiteford, Taylor & Preston LLC, Wilmington, DE for defendants.
    Case Number: D69390

    Police had no constitutional duty to save a suspect in handcuffs who escaped the physical grasp of officers and tried to escape via a river where he drowned.

  • Cephas v. Oliver

    Publication Date: 2021-05-05
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Renée Leverette, The Igwe Firm, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; Rosamaria Tassone-DiNardo, City of Wilmington Law Department, Wilmington, DE for defendants.
    Case Number: D69383

    Plaintiff sexually assaulted by police officer failed to adequately plead constitutional claims by identifying wanton negligence or deliberate indifference to officers' misconduct.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Gala v. Bullock

    Publication Date: 2021-04-14
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Benjamin A. Schwartz, Gwendolyn M. Osborn-Gustavson, Schwartz & Schwartz, Dover, DE for appellant.
    for defendant: Patricia A. Davis, Deputy State Solicitor, Dover, DE for appellees.
    Case Number: D69360

    Medical board did not violate due process by deliberating disciplinary charges in executive session, and patient testimony that doctor provided prescriptions in exchange for sexual favors provided sufficient evidence to revoke licensure.

  • Duross v. Connections Cmty. Support Programs, Inc.

    Publication Date: 2021-04-07
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
    for defendant: Dana Spring Monzo, Kelly E. Rowe, White and Williams LLP, Wilmington, DE for defendants.
    Case Number: D69350

    Inmate adequately pled §1983 claim for failure to render treatment by alleging defendants withheld medication that suppressed symptoms of inmate's ulcerative colitis and then subsequently denied treatment for flare-ups of symptoms.

  • Napolitano v. Town of Fenwick Island

    Publication Date: 2021-03-24
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Nicholas G. Kondraschow, William Rhondunda, Rhondunda, Williams & Kondraschow, Wilmington, DE for petitioners.
    for defendant: Scott Wilcox, Moore & Rutt, P.A., Wilmington, DE for respondent.
    Case Number: D69338

    Issues of fact precluded dismissal of petitioners' complaint for a writ of mandamus to enforce local zoning regulations.

  • Wooten v. City of Wilmington, LLC

    Publication Date: 2021-02-24
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Theopalis K. Gregory, Isaac H. Green, Jr., Law Office of Theopalis Gregory Sr., Wilmington, DE for plain-tiff.
    for defendant: Caitlyn E. Quinn, Laura Najemy, City of Wilmington Law Dep’t, Wilmington, DE for defendant.
    Case Number: D69309

    Employee stated a claim for retaliation because she was engaged in a protected employee activity, but the court granted employer's motions to dismiss other employment claims.

  • Finney v. Delaware Dep't of Transp.

    Publication Date: 2021-02-17
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: Allison J. McCowan, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69296

    The Merit Employee Relations Board erred in denying a grievant leave to amend his appeal to add claims based solely on the grievant's purported delay in asserting such claims, where the interests of justice favored amendment and employer would not have been substantially prejudiced.