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  • City of Wilmington v. Wilmington Fraternal Order of Police Lodge No. 1, Inc.

    Publication Date: 2021-02-10
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Aaron C. Baker, Robert M. Goff, Jr., Edward J. Kosmowski, City of Wilmington Law Department, Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Jeffrey M. Weiner, Esquire, Wilmington, DE for defendant.
    Case Number: D69288

    Alterations to residency form were subject to mandatory collective bargaining where residency was not expressly defined under Delaware law nor expressly excluded from the scope of collective bargaining by public employers.

  • Thompkins v. Reynolds Transp.

    Publication Date: 2021-01-27
    Practice Area: Administrative Law
    Industry: State and Local Government | Transportation
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Shakuntla L. Bhaya, Alexis N. Stombaugh, Doroshow, Pasquale Krawitz & Bhaya, Bear, DE for claimant.
    for defendant: Nicholas E. Bittner, Heckler & Frabizzio, Wilmington, DE for employer.
    Case Number: D69277

    Decision by the Industrial Accident Board was not supported by substantial evidence, so the court reversed and remanded.

  • Johnson v. State

    Publication Date: 2021-01-27
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Matthew M. Bartkowski, Bifferato Gentilotti, LLC, Wilmington, DE for appellant.
    for defendant: John J. Klusman, Jr., Jocelyn N. Pugh, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: D69271

    Industrial Accident Board correctly reduced an employer's workers' compensation lien by the entire amount of third-party tort recovery where the lien balance exceeded the amount of recovery, requiring charging the full amount of reasonable legal fees and costs to the employer since it received the full amount of the tort recovery and the injured worker received nothing from the recovery.

  • Speakman v. Williams

    Publication Date: 2021-01-20
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Cowen
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69269

    The federal district court properly dismissed plaintiffs' substantive due process claims because their jobs as firefighters were inherently risky and plaintiffs failed to allege sufficient facts to show that defendants' con-duct or policies altered the fundamental nature of the risk involved.

  • Metzgar v. State of Delaware Dep't of Nat. Res. & Envtl. Control,

    Publication Date: 2021-01-13
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69258

    A probationary officer was an at-will employee, so he did not have a protected property interest in his con-tinued employment.

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  • Keep Our Wells Clean v. Delaware Dep't of Natural Res. & Envt'l Control

    Publication Date: 2020-12-30
    Practice Area: Environmental Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Kenneth T. Kristl, Environmental & Natural Resources Law Clinic, Widener University Delaware Law School, Wilmington, DE for appellants.
    for defendant: Devera B. Scott, Kayli H. Spialter, Department of Justice, Dover, DE; R. Judson Scaggs, Jr., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.
    Case Number: D69239

    Wastewater treatment facility applicant was not required to submit new reports required under revised regulations where it submitted application to amend existing permit issued prior to adoption of the revised regulations, and DNREC determined, in its discretion, the proposed changes were not substantial enough to require a new permit.

  • Knights of Columbus Star of the Sea Council 7297 v. City of Rehoboth Beach

    Publication Date: 2020-12-30
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michael P. Morton, Robert J. Valihura, Jr., David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE; Christopher DiPompeo, Kaytlin L. Roholt, Jones Day, Washington, DC; Roger Byron, First Liberty Institute, Plano, TX for plaintiff.
    for defendant: Max B. Walton, Lisa R. Hatfield, Brandon R. Harper, Connolly Gallagher LLP, Newark, DE; Daniel A. Griffith, Whiteford Taylor & Preston LLC, Wilmington, Delaware for defendants.
    Case Number: D69240

    Preliminary injunction on city policy banning private displays on public property denied where city revised the policy to address plaintiff's concerns and plaintiff did not challenge the revised policy.

  • Watson v. Christo

    Publication Date: 2020-12-23
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff: Brian Biggs, Kaitlin M. Edelman, Denise S. Kraft, Erin Larson, DLA Piper, Wilmington, DE for plaintiff.
    for defendant: Wilson B. Davis, Stuart B. Drowos, I, George T. Lees, III, Delaware Dep’t of Justice, Wilmington, DE; Bri-onna L. Denby, Cohen Seglias Pallas Greenhill & Furman, Wilmington, DE for defendants.
    Case Number: D69237

    A prison met its burden of showing that the denial of an inmate's request for a religious object was the least restrictive means of maintaining prison safety and security.

  • Shaw v. Mock

    Publication Date: 2020-12-16
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Adam J. Waskie, Andrea Brooks, David E. Wilks, Wilks Law, LLC, Wilmington, DE; Julie M. O’Dell, Smith, Katzenstein & Jenkins, LLP, Wilmington, DE for plaintiff.
    for defendant: Rebecca Song, Delaware Dep’t of Justice, Wilmington, DE for defendant.
    Case Number: D69229

    A prison official did not meet his burden of demonstrating that an inmate failed to exhaust his administra-tive remedies, so the court denied summary judgment.

  • Winter v. Richman

    Publication Date: 2020-12-09
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Paul J. Lockwood and Stefania A. Rosca, Wilmington, DE for plaintiff.
    for defendant: George T. Lees III, Delaware Dep’t of Justice, Wilmington, DE for defendants.
    Case Number: D69221

    State law did not provide a private right of action for alleged violations of the state's constitution, so the court dismissed those claims but denied the other aspects of the motion to dismiss.