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  • Clark v. Pierce

    Publication Date: 2020-09-09
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Luis Clark, Frackville, PA, pro se plaintiff.
    for defendant: George Thomas Lees, Ill, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.
    Case Number: D69110

    Exhaustion of administrative remedies was an affirmative defense that a defendant was required to prove, and a defendant could not simply rely on plaintiff's failure to plead exhaustion in order to prove that the plaintiff had failed to exhaust his or her administrative remedies.

  • Cephas v. Scarborough

    Publication Date: 2020-08-26
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Vernon Ernest Dorian Cephas, James T. Vaughn Correctional Center, Smyrna, DE, plaintiff pro se.
    for defendant: Stuart B. Drowos, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE; Dana Spring Monzo and Emily Kara Silverstein, White & Williams, Wilmington, DE for defendants.
    Case Number: D69096

    Motion to dismiss prisoner's civil rights complaint denied where plaintiff sufficiently asserted a claim for retaliation by alleging that defendant conspired to file disciplinary complaints against plaintiff in retaliation for grievances plaintiff had submitted for incidents involving defendant.

  • Gresham v. Delaware Dep't of Health & Soc. Servs.

    Publication Date: 2020-07-29
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69062

    Disability and race discrimination and retaliation claims failed where plaintiff failed to establish she was capable of performing essential functions of her job or that her termination was caused by racial animus or retaliation for engaging in protected activity.

  • Overstock.com, Inc. v. State of Delaware ex rel. French

    Publication Date: 2020-07-08
    Practice Area: Whistleblower Laws
    Industry: E-Commerce | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Michael P. Kelly, Matthew J. Rifino, Hayley J. Reese and Matthew Wright, McCarter & English, LLP, Wilmington, DE and Washington, DC for Overstock.com, Inc.
    for defendant: Thomas E. Brown, Edward K. Black and Stephen G. McDonald, Deputy Attorney Generals, Wilmington, DE for the state. Laina M. Herbert and Vivek Upadhya, Grant & Eisenhofer, Wilmington, DE for plaintiff French.
    Case Number: D69045

    The failure to file a statement regarding expired gift cards with the state escheat office did not amount to a false statement under the Delaware False Claims and Reporting Act. Reversed.

  • Dominica v. The Greenery at Rodney Square, Inc.

    Publication Date: 2020-07-08
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Timothy A. Dillon, McCann & Wall, LLC, Wilmington, DE for plaintiff.
    for defendant: Colin M. Shalk, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Mary A. Jacobson, New Castle County Government Center, New Castle, DE for defendants.
    Case Number: D69039

    County was entitled to immunity from slip-and-fall accident, pursuant to County and Municipal Tort Claims Act, where accident took place at a historic site used primarily for public outdoor recreation.

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  • Smith v. Brackett

    Publication Date: 2020-07-01
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Kendall Maurice Smith, Huntingdon, PA, pro se plaintiff.
    for defendant: Dana Spring Monzo and Kelly Elizabeth Rowe, White & Williams, Wilmington, DE for defendants Brackett, Collins-Young and Davis-Wipf. Ryan Patrick Connell, Delaware Dep’t of Justice, Wilmington, DE for defendant Burley.
    Case Number: D69036

    Defendants did not demonstrate that an inmate failed to exhaust his administrative remedies, but the court held that the complaint did not state a claim for violation of the inmate's constitutional rights regarding medical treatment.

  • Guy v. City of Wilmington

    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.

  • State of Delaware, Dep't of Transp. v. Pearson

    Publication Date: 2020-06-03
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Kevin R. Slattery, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Lance Green, O’Donoghue and O’Donoghue, LLP, New Castle, DE for employees.
    Case Number: D69004

    Two employees were entitled to differential pay when they worked additional night shifts at the request of the agency.

  • Spintz v. Div. of Family Serv.

    Publication Date: 2020-05-20
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Islanda L. Finamore, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Stephen E. Jenkins, Ashby & Geddes, Wilmington, DE for respondent.
    Case Number: D68989

    Delaware law required the Department of Family Services to send notice prior to filing a petition for substantiation.

  • Harmon v. Dep't of Fin.

    Publication Date: 2020-05-13
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68978

    The district court applied the improper standard regarding abstention. Vacated and remanded.