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  • Delaware Dep't of Natural Res. & Envt'l Control v. McGinnis Auto & Mobile Home Salvage, LLC

    Publication Date: 2020-03-04
    Practice Area: Environmental Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Ralph K. Durstein III, Department of Justice, Dover, DE for appellant.
    for defendant: John W. Paradee, Daniel F. McAllister, Stephen A. Spence, and Brian V. DeMott, Baird Mandalas Brockstedt, LLC, Dover, DE for appellee.
    Case Number: D68895

    Department of Natural Resources and Environmental Control's cease and desist powers could order a property owner to remove an environmentally-contaminating pile of waste, where the mere presence of the pile constituted an environmental violation and therefore removal of the pile would be required to cease and desist the violation.

  • Duncan v. STTCPL, LLC

    Publication Date: 2020-03-04
    Practice Area: Environmental Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Mark F. Dunkle, Elio Battista, and Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendants Service Energy, LLC and STTCPL, LLC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Coastal Pump and Tank, Inc.
    Case Number: D68896

    Gas station owner was bound to environmental contamination settlement agreement where owner failed to present evidence that any new contamination arose as a result of tenant's activities.

  • Delaware Dep't of Natural Res. & Envt'l Control v. Delaware Solid Waste Auth.

    Publication Date: 2020-02-12
    Practice Area: Administrative Law | Environmental Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Kassab, Deputy Attorney General, Department of Justice for appellant.
    for defendant: Michael W. Teichman, Elio Battista, and Kyle F. Dunkle, Parkowski Guerke & Swayze, P.A.; Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner PA for appellees.
    Case Number: D68871

    Environmental Appeals Board erred in overturning Department of Natural Resources and Environmental Control secretary's violation and penalty assessments for permitting violations by imposing a mens rea requirement when conditions were subject to strict liability

  • State of Delaware Dep't of Natural Resources & Envtl. Control v. Mountaire Farms of Delaware, Inc.

    Publication Date: 2019-04-17
    Practice Area: Environmental Law
    Industry: Agriculture
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Devera B. Scott and William J. Kassab, Dep't of Justice, Dover, DE for plaintiff.
    for defendant: F. Michael Parkowski, Michael W. Arrington and Michael W. Teichman, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendant. Chase T. Brockstedt and Stephen A. Spence, Baird Mandalas Brockstedt, LLC, Lewes, DE; Philip C. Federico and Brent Ceryes, Schochor, Federico and Station, P.A., Baltimore, MD for intervenors.
    Case Number: D68532

    The court granted a motion to intervene in this matter involving violations of environmental laws, because the moving parties were entitled to intervene as a matter of right.

  • In re Maxus Energy Corp.

    Publication Date: 2019-03-20
    Practice Area: Bankruptcy | Environmental Law
    Industry: Chemicals and Materials
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Robert J. Dehney, Curtis S. Miller and Daniel B. Butz, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert Lemons, Weil, Gotshal & Manges LLP, New York, NY; Edward Soto, Miami, FL for Repsol defendants.
    for defendant: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore,White & Case LLP, New York, NY for liquidating trustee.
    Case Number: D68497

    Bankruptcy court declined to abstain because neither mandatory abstention nor the Rooker-Feldman doctrine applied to the facts, and permissive abstention would interfere with the creditors' recovery.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Booth v. Garvin

    Publication Date: 2019-02-20
    Practice Area: Administrative Law | Environmental Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Christopher M. Coggins, Coggins Law, LLC, Wilmington, DE for appellants.
    for defendant: Robert F. Phillips, Deputy Attorney General, Department of Justice, New Castle, DE for appellees.
    Case Number: D68462

    Environmental Appeals Board correctly dismissed an appeal from an oral statement of the secretary of Department of Natural Resource and Environmental Control where such statement merely stated DNREC's litigation position and did not constitute an appealable final agency action and where the appeal was patently untimely.

  • Inter-Marketing Group USA, Inc. v. Armstrong

    Publication Date: 2019-02-13
    Practice Area: Corporate Entities | Environmental Law
    Industry: Energy | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Theodore A. Kittila, Halloran Farkas & Kittila LLP, Wilmington, DE; Gregory M. Nespole and Correy A. Kamin, Wolf HaldensteinAdler Freeman & Herz LLP, New York, NY for plaintiff.
    for defendant: Srinivas M. Raju and Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Michael C. Holmes, Craig E. Zieminski, Kimberly R. McCoy, and Jeffrey Crough, Vinson & Elkins LLP, Dallas, TX for defendants.
    Case Number: D68456

    Derivative complaint dismissed for failure to make demand, where demand would not be futile as a majority of directors were disinterested and independent as nominal defendant's partnership agreement eliminated the directors' personal liability.

  • Ashland LLC v. The Samuel J. Heyman 1981 Continuing Trust for Lazarus S. Heyman

    Publication Date: 2018-07-04
    Practice Area: Contracts | Environmental Law | Mergers and Acquisitions
    Industry: Chemicals and Materials
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Christopher Viceconte, Gibbons P.C., Wilmington, DE; Michael R. Griffinger, William S. Hatfield, and Camille V. Otero, Gibbons P.C., Newark, NJ, attorneys for plaintiffs
    for defendant: Kevin G. Abrams, John M. Seaman, and April M. Ferraro, Abrams & Bayliss LLP, Wilmington, DE; Andrew J. Rossman, Jonathan B. Oblak, and Sylvia E. Simson, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, attorneys for defendants.
    Case Number: D68198

    Motion to dismiss fraud claims denied where supported by allegations relating back to transaction pled in original complaint.

  • Alcoa, Inc. v. Alcan Rolled Products-Ravenswood LLC

    Publication Date: 2017-12-20
    Practice Area: Environmental Law
    Industry: Manufacturing | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67974

    Claimants motion for leave to amend granted where timely under amended scheduling order, and where defendant would not be prejudiced as amendment sought to expand the scope of recovery sought under the originally-asserted indemnification claim.

  • Clean Harbors, Inc. v. Union Pac. Corp.

    Publication Date: 2017-11-29
    Practice Area: Contractual Disputes | Environmental Law
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Richard L. Renck, Christopher M. Winter, and Mackenzie M. Wrobel, Duane Morris LLP; Paul L. Feldman, Gary S. Matsko, and Christopher J. Marino, Davis Malm & D'Agostine, P.C., attorneys for plaintiff
    for defendant: Ann L. Al-Bahish and Lauren K. Valastro, Kelley Drye/Jackson Gilmour & Dobbs; Norton A. Colvin and Mitchell C. Chaney, Colvin, Chaney, Saenz & Rodriguez, LLP; Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A.; James W. Semple, Cooch and Taylor, P.A., attorneys for defendant.
    Case Number: D67951

    Defendant not entitled to new trial where jury verdict not against great weight of evidence, as jury accepted, in part, defendants argument that plaintiffs costs were unreasonable, by reducing the amount of damages plaintiff sought.