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Publication Date: 2020-09-30
Practice Area: Occupational Safety and Health
Industry: Transportation
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: A. Dale Bowers, II, Law Office of A. Dale Bowers, Wilmington, DE; Shawn A. Ricci, Luke T. Pepper, Bern Cappelli, LLC, Conshohocken, PA for plaintiff.
for defendant: Maria R. Granaudo Gesty, Burns White, LLC, Wilmington, DE; S. Camille Riefers, Boyle Brasher, LLC, Memphis, TN for defendant.
Case Number: D69141
Where the court had dismissed the complaint based on the inadequacy of plaintiff's expert testimony, defendant was entitled to an award of costs as the prevailing party.
Publication Date: 2020-08-05
Practice Area: Administrative Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Heather A. Long, Kimmel Carter Roman Peltz & O’Neill, P.A., Newark, DE for claimant.
for defendant: Benjamin K. Durstein, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for employer.
Case Number: D69060
Claimant's motion for clarification did not relate to a substantive portion of an agency's ruling, so it did not toll the time for filing an appeal.
Publication Date: 2020-07-22
Practice Area: Administrative Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Heather A. Long, Kimmel Carter Roman Peltz & O’Neill, P.A., Newark, DE for claimant.
for defendant: Benjamin K. Durstein, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for employer.
Case Number: D69060
Claimant's motion for clarification did not relate to a substantive portion of an agency's ruling, so it did not toll the time for filing an appeal.
Publication Date: 2020-05-27
Practice Area: Occupational Safety and Health
Industry: Transportation
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: A. Dale Bowers, II, Law Office of A. Dale Bowers, Wilmington, DE; Shawn A. Ricci and Luke T. Pepper, Bern Cappelli, LLC, Conshohocken, PA for plaintiff.
for defendant: Maria R. Granaudo Gesty, Burns White, LLC, Wilmington, DE; S. Camile Reifers, Boyle Brasher, LLC , Memphis, TN for defendant.
Case Number: D68997
The court granted a motion to exclude the testimony of plaintiff's causation expert.
Publication Date: 2020-02-12
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Christian D. Wright, Delaware Dep’t of Justice, Wilmington, DE for the state.
for defendant: Christopher S. Koyste, Law Office of Christopher S. Koyste, LLC, Wilmington, DE for defendant.
Case Number: D68876
A criminal defendant was not entitled to relief for ineffective assistance of counsel because he had accepted a plea agreement and the sentence was within the range contemplated by the agreement.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2019-11-13
Practice Area: Personal Injury
Industry: Manufacturing | Transportation
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jason D. Warren, Shelsby & Leoni, P.A., Wilmington, DE; Keith L. Maynard, Spohrer & Dodd, P.L., Jacksonville, FL for plain-tiffs.
for defendant: Christian J. Singewald and Christopher S. Marques, White and Williams LLP, Wilmington, DE for defendant.
Case Number: D68770
Plaintiffs exercised due diligence in discovering the identity of a defendant, so the amended complaint related back to the time of original filing.
Publication Date: 2019-10-23
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Josiah Wolcott, Connolly Gallagher LLP for appellants.
for defendant: Daniel Losco and Geena Khomenko George, Losco & Marconi, P.A. for appellees.
Case Number: D68746
A board of adjustment failed to articulate the reasons why a building official's determination about the characterization of a right of way was correct.
Publication Date: 2019-08-28
Practice Area: Administrative Law
Industry: Health Care | Non-Profit
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jennifer Gimler Brady and Jennier Penberthy Buckley, Potter Anderson & Corroon, LLP for Planned Parenthood of Delaware, Inc.
for defendant: Scott T. Earle and Zachary A. Silverstein, Zarwin Baum Devito Kaplan Schaer Toddy, P.C. for Yolanda Corbin. Daniel C. Mul-veny for the Unemployment Insurance Appeal Bd.
Case Number: D68681
An appeals board created an unfair process when it restricted arguments on appeal, unfairly benefitting one party and preju-dicing the other.
Publication Date: 2019-07-17
Practice Area: Labor Law
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Roland C. Anderson, pro se appellant.
for defendant: Lori A. Brewington and Renee M. Mosley, Richards Layton & Finger, P.A., Wilmington, DE for appellee.
Case Number: D68630
Motion to reopen workers' compensation claim properly denied where full evidentiary record demonstrated that employer continued to deny liability for employee's claim, previously dismissed by the courts.
Publication Date: 2019-07-10
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Frances S. Ratner, Office of Defense Services, Wilmington, DE for the defendant.
for defendant: Jillian L. Schroeder, Dep't of Justice, Wilmington, DE for the state.
Case Number: D68627
The court affirmed defendant's conviction for resisting arrest where he failed to demonstrate police bias or establish that po-lice did not follow proper procedures.
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