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  • Markert v. Bd. of Adjustment of the City of Rehoboth Beach

    Publication Date: 2022-10-11
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: William B. Larson, Tye C. Bell, Manning Gross + Massenberg LLP, Wilmington, DE for appellant.
    for defendant: Richard A. Forsten, Pamela J. Scott, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellees.
    Case Number: S22A-02-003 CAK

    Upward variance from floor area ratio affirmed where variance was needed for hotel developer's aesthetic vision for project, which sought not to increase density but rather to provide additional amenities and retail space.

  • Vito v. Waterside Prop. Owners Ass'n, Inc.

    Publication Date: 2022-10-04
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Richard E. Berl, Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
    for defendant: Robert J. Valihura, Jr., Morton, Valihura & Zerbato, LLC, Greenville, DE; Bruce W. McCullough, Boddel Bove, LLC, Wilmington, DE; Eileen M. Ford, Ryan D. Kingshill, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE, for defendants.
    Case Number: S21C-08-006 CAK

    Court granted in part and denied in part motions to dismiss claims in a multiple party action arising out of insurance policy disputes due to an insured's property damage.

  • Nieves v. This & That Serv., Co.

    Publication Date: 2022-08-23
    Practice Area: Administrative Law
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger and Rodriguez, Dover, DE for plaintiff.
    for defendant: John J. Ellis, Heckler and Frabizzio, Wilmington, DE for defendant.
    Case Number: D69927

    Court reversed Industrial Accident Board's decision and remanded the case to be dismissed due to the fact that the appeal was not justiciable and claimant did not seek further relief.

  • 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.

  • 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.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Sands Fenwick, Inc. v. Alcohol Beverage Control Appeals Comm'n

    Publication Date: 2022-06-28
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Timothy G. Willard, Fuqua, Willard & Schab, P.A., Georgetown, DE for appellant.
    for defendant: Adria B. Martinelli, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D69869

    Failure to name objecting neighbors in notice of appeal from denial of variance constituted a jurisdictional defect as the neighbors were indispensable parties who had an interest in the outcome of the appeal.

  • State v. Smith

    Publication Date: 2022-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Michael H. Tipton, Deputy Attorney General, Department of Justice, Georgetown, DE for plaintiff.
    for defendant: Benjamin S. Gifford IV, Wilmington, DE for defendant.
    Case Number: D69820

    Court did not err in finding aggravating factors that supported sentence, where evidence and colloquy testimony demonstrated that defendant had approached the victim and shot the victim in the back.

  • Smith v. Unemployment Ins. Appeal Bd.

    Publication Date: 2021-10-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kathleen L. Smith, Millsboro, DE, appellant pro se.
    for defendant: Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D69580

    Overpayment liability determination for unemployment compensation affirmed where claimant had failed to take an appeal from a prior determination that claimant was ineligible for benefits.

  • State of Delaware v. Wilkerson

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kevin A. Gardner, Derek Gay, Department of Justice, Georgetown, DE for the state.
    for defendant: James P. Murray, Assistant Public Defender, Georgetown, DE for defendant.
    Case Number: D69548

    Because a jury had acquitted defendant of a predicate crime, the court granted defendant's motion to also acquit him of the crime of endangering the welfare of a child.

  • Cousins v. Goodier

    Publication Date: 2021-08-18
    Practice Area: Personal Injury
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE for plaintiff.
    for defendant: Rodney A. Smolla, Wilmington, DE; Douglas D. Herrmann, Troutman Pepper Hamilton Saunders LLP, Wilmington, DE for defendant.
    Case Number: D69504

    Allegedly defamatory statements constituted nonactionable opinion where the statements constituted subjective opinion and hyperbole, and the maker of the statement disclosed nondefamatory facts underlying the opinion that would allow recipients of the statement to evaluate the validity of the opinion for themselves.