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  • Univar, Inc. v. Greisenberger

    Publication Date: 2019-10-02
    Practice Area: Constitutional Law
    Industry: Chemicals and Materials | Consulting | Distribution and Wholesale
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Michael P. Kelly, David A. White and Matthew J. Rifino, McCarter & English LLP, Wilmington, DE; James G. Ryan and Jameel S. Turner, Bailey Cavalieri LLC, Columbus, OH for plaintiff.
    for defendant: Caroline Lee Cross and Elizabeth R. McFarlan, Delaware Dep’t of Justice, Wilmington, DE; Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan and Robert M. Vrana, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Steven S. Rosenthal, Tiffany R. Moseley and John David Taliaferro, Loeb and Loeb LLC, Washington, DC for defendants.
    Case Number: D68725

    Plaintiff's claims for equal protection and procedural due process violations were ripe for review, but other matters were not yet ripe.

  • Harmon v. Sussex Co.

    Publication Date: 2019-09-25
    Practice Area: Constitutional Law
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Sandra Harmon, Hartsville, SC, pro se plaintiff.
    for defendant: Kevin J. Connors and Artemio C. Aranilla, II, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defend-ants.
    Case Number: D68713

    The county followed all of its procedures regarding the demolition of an unsafe structure and the foreclosure of a lien against plaintiff's property.

  • Parker v. State of Delaware

    Publication Date: 2019-01-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Santino Ceccotti and Bernard J. O'Donnell, Office of the Public Defender, Wilmington, DE for applel-lant.
    for defendant: Andrew J. Vella, Department of Justice, Wilmington, DE for the state.
    Case Number: D68442

    The court vacated defendant's sentence because it constituted a double jeopardy violation. Remanded for resentencing.

  • Delawareans for Educ. Opportunity v. Carney

    Publication Date: 2018-12-12
    Practice Area: Constitutional Law | Education Law
    Industry: Education
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Ryan Tack-Hooper and Karen Lantz, ACLU Foundation of Delaware, Inc., Wilmington, DE; Richard H. Morse and Brian S. Eng, Community Legal Aid Society, Inc., Wilmington, DE for plaintiffs
    for defendant: Barry M. Willoughby, Lauren E.M. Russell, Elisabeth S. Bradley, and Lauren Dunkle Fortunato, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; William W. Pepper, Sr. and Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE; Herbert W. Mondros and Helen Episcopo, Margolis Edelstein, Wilmington, DE; Adam Singer and Mary A. Jacobson, New Castle County Office of Law, New Castle, DE; Norman M. Monhait, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE for defendants.
    Case Number: D68382

    State officials' motion to dismiss complaint alleging state failed to provide sufficient funding to disadvantaged students denied where Delaware Constitution's Education Clause required state to provide meaningful public education and judiciary was empowered to determine whether legislature's statutory scheme was unconstitutional.

  • Jones v. Howard

    Publication Date: 2018-12-05
    Practice Area: Constitutional Law | Judges
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph Clement Handlon, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.
    for defendant: N/A
    Case Number: D68380

    Plaintiff's objections to the court's prior rulings were not a basis for recusal.

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  • Diggins v. Delaware Div. of Family Serv.

    Publication Date: 2018-11-07
    Practice Area: Constitutional Law | Family Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68345

    The federal district court abstained from deciding the parties' challenge to a state family court's ruling regard-ing the removal of their child.

  • Delaware State Sportsmen's Ass'n v. Garvin

    Publication Date: 2018-10-24
    Practice Area: Constitutional Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Francis G. X. Pileggi, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Jamie L. Inferrera, Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, PA, attorneys for plaintiffs
    for defendant: Ralph K. Durstein, III and Devera B. Scott, Deputy Attorneys General, Delaware Department of Justice, Dover, DE, attorneys for defendants.
    Case Number: D68328

    Regulations on firearm possession in state parks were partially unconstitutional where they infringed upon right to open carry for self-defense and gave law enforcement unfettered discretion to require identification and permits without reasonable suspicion of criminal activity.

  • Stella v. State of Delaware

    Publication Date: 2018-08-08
    Practice Area: Constitutional Law | Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68242

    Plaintiff failed to allege sufficient facts to establish the foreseeability element of his substantive due process claim under the state-created danger doctrine.

  • Taylor v. Spraga

    Publication Date: 2018-08-01
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68237

    An inmate failed to state a claim for improper medical care where he did not show prison officials were delib-erately indifferent to his serious medical needs.

  • Jones v. Kent Co. Superior Court

    Publication Date: 2018-05-16
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68146

    Although a pro se plaintiffs complaint contained some fanciful allegations, his statement that he was not given the opportunity to attend his civil commitment hearings raised due process concerns.