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  • Leonard v. Unemployment Ins. Appeal Bd.

    Publication Date: 2019-12-04
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Gloria J. Leonard, Dagsboro, DE, pro se plaintiff.
    for defendant: Daniel C. Mulveny of the Dep’t of Justice, Wilmington, DE for the Unemployment Ins. Appeal Bd. Alan D. Albert, Wilming-ton, DE for RKB Funerals. Victoria W. Counihan, Wilmington, DE for the Dep’t of Labor.
    Case Number: D68794

    Employee voluntarily terminated her employment without good cause, so she was not entitled to receive unemployment bene-fits. Affirmed.

  • Colburn v. Bd. of Adjustment of the City of New Castle

    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.

  • Pumphrey v. Allen Harim Foods

    Publication Date: 2019-09-11
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Timothy D. Pumphrey, Lincoln, DE, pro se appellant.
    for defendant: Daniel C. Mulveny and Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68700

    The Unemployment Insurance Appeals Board properly affirmed a referee's decision, because the claimant failed to timely file his appeal. Affirmed.

  • Planned Parenthood of Delaware, Inc. v. Corbin

    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.

  • Seaford Internal Med., LLC v. Sandoval

    Publication Date: 2019-07-31
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jennifer G. Brady, Potter Anderson & Corroon LLP, Wilmington, DE for claimant.
    for defendant: Daniel C. Mulveny, Delaware Department of Justice, Wilmington, DE for the Unemployment Insurance. Appeal Bd.
    Case Number: D68652

    The court reversed a decision by the Unemployment Insurance Appeal Board, because the evidence indicated the employee did not leave her job for good cause.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Husbands v. Delaware Dep't of Educ.

    Publication Date: 2019-07-31
    Practice Area: Administrative Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Anthony N. Delcollo, G. Kevin Fasic and Katherine Witherspoon Fry, Offit Kurman, P.A., Wilmington, DE for claimant.
    for defendant: Patricia A. Davis, Delaware Dep't of Justice, Wilmington, DE for the Delaware Department of Education and the Delaware Professional Standards Board.
    Case Number: D68649

    Substantial evidence supported a board's decision to revoke a school administrator's professional license based on sexual of-fenses against children.

  • State v. Gates

    Publication Date: 2019-07-17
    Practice Area: Administrative Law | Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for the state.
    for defendant: Walt F. Schmittinger and Candace E. Holmes, Schmittinger and Rodriguez, P.A., Dover, DE for claimant.
    Case Number: D68636

    The Industrial Accident Board applied the correct legal standard in determining that a claimant was within the course and scope of his employment at the time he was injured in a motor vehicle accident, and the board's decision was supported by sub-stantial evidence.

  • Warren v. Amstead Indus., Inc.

    Publication Date: 2019-05-15
    Practice Area: Administrative Law
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Krasnitz
    Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Serba LLC, Wilmington, DE for claimant.
    for defendant: Linda L. Wilson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for employer.
    Case Number: D68565

    Employer failed to raise the issue of retirement in its petition to review a claimant's workers' compensation benefits, so the board erred in granting the petition on grounds not contained in the pleadings.

  • Stump v. Town of Middleton

    Publication Date: 2019-04-24
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: John S. Malik, Law Office of John S. Malik, Wilmington, DE for plaintiff.
    for defendant: Rae M. Mims, Delaware Dep't of Justice, Dover, DE for the Criminal Justice Council. Scott G. Wilcox, Moore & Rutt, Wilmington, DE for defendants Branner, Iglio and Town of Middleton.
    Case Number: D68538

    The court declined to issue a writ of mandamus to require a hearing where a party had already pursued the extent of the grievance procedure allowed under a collective bargaining agreement.

  • Atl. Bldg. Assocs. v. Trujillo

    Publication Date: 2019-04-17
    Practice Area: Administrative Law | Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell for appellant.
    for defendant: Arthur M. Krawitz and Tara E. Bustard, Doroshow, Pasquale, Krawitz & Bhaya for appellee.
    Case Number: D68526

    The Industrial Accident Board's ruling was remanded for it to clarify whether its extensive review, of a prime contractor's efforts to verify that a subcontractor's workers' compensation insurance extended to Delaware, was conducted under a due diligence standard rather than a strict liability standard.