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

    Publication Date: 2020-12-02
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Francis G. X. Pileggi, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Jamie L. Inferrera, Eckert Seamens Cherin & Mellott, LLC, Pittsburgh, PA for plaintiffs.
    for defendant: Devera B. Scott, Deputy Attorney General, Department of Justice, Dover, DE; Kayli H. Spialter, Deputy Attorney General, Department of Justice, Wilmington, DE for defendants.
    Case Number: D69207

    State erred in issuing restrictions on permissible rifles for hunting where statutory law did not include such restrictions and the state failed to comply with the APA in issuing what constituted a de facto regulation.

  • Warren v. Amstead Indus., Inc.

    Publication Date: 2020-08-26
    Practice Area: Administrative Law
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    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: D69101

    Decision by the Industrial Accident Board was supported by substantial evidence, so the court affirmed the board's decision that claimant had voluntarily retired, resulting in the termination of her benefits.

  • Smyre v. State of Delaware

    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.

  • Smyre v. State of Delaware

    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.

  • Harvey Hanna Assoc. v. Sheehan

    Publication Date: 2020-06-24
    Practice Area: Administrative Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell, Wilmington, DE for employer.
    for defendant: Frederick S. Freibott, The Freibott Law Firm, P.A, Wilmington, DE for claimant.
    Case Number: D69026

    Substantial evidence supported the Industrial Accident Board's decision that an injured worker was entitled to additional compensation because he suffered a recurrence of total disability.

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  • Watson v. Saul

    Publication Date: 2020-06-10
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: Heather Benderson, Social Security Admin., Office of General Counsel, Philadelphia, PA for defendant.
    Case Number: D69012

    The court remanded this Social Security disability matter, because the administrative law judge failed to include all of plaintiff's credibly established mental limitations in the hypothetical questions posted to the vocational expert.

  • Woodson v. Saul

    Publication Date: 2020-04-15
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Angela Pinto Ross, Doroshow, Pasquale, Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: David C. Weiss, United States Attorney; Heather Benderson, Eric P. Kressman and Melissa K. Curry, Office of the General Counsel, Social Security Administration, Philadelphia, PA for defendant.
    Case Number: D68948

    A decision by an administrative law judge was not supported by substantial evidence, so the court remanded for further con-sideration of issues relating to plaintiff's residual functional capacity and whether she was able to work on a regular and contin-uing basis.

  • 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

  • Imbragulio v. Unemployment Ins. Appeals Bd.

    Publication Date: 2019-12-18
    Practice Area: Administrative Law | Civil Procedure
    Industry: Distribution and Wholesale
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Elizabeth Imbragulio, pro se appellant.
    for defendant: Tasha Marie Stevens, Fuqua, Willard, Stevens & Schab, P.A., Georgetown, DE for appellee.
    Case Number: D68808

    Superior court rules governing timeliness of appeals did not apply until the superior court obtained jurisdiction by the appealing party's compliance with the statutes conferring jurisdiction upon the superior court.

  • Powell v. OTAC

    Publication Date: 2019-12-18
    Practice Area: Administrative Law
    Industry: Food and Beverage
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger and Rodriguez, P.A., Dover, DE for claimant.
    for defendant: Andrew M. Lukashunas, Tybout, Redfearn & Pell, Wilmington, DE for employer.
    Case Number: D68812

    Substantial evidence supported the finding by the Industrial Accident Board that a claimant was not entitled to workers' compensation benefits.