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  • 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.

  • Wilant v. BNSF Ry. Co.

    Publication Date: 2020-05-27
    Practice Area: Occupational Safety and Health
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: A. Dale Bowers, II, Law Office of A. Dale Bowers, Wilmington, DE; Shawn A. Ricci and Luke T. Pepper, Bern Cappelli, LLC, Conshohocken, PA for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White, LLC, Wilmington, DE; S. Camile Reifers, Boyle Brasher, LLC , Memphis, TN for defendant.
    Case Number: D68997

    The court granted a motion to exclude the testimony of plaintiff's causation expert.

  • State of Delaware v. Mareno

    Publication Date: 2020-02-12
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Christian D. Wright, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Christopher S. Koyste, Law Office of Christopher S. Koyste, LLC, Wilmington, DE for defendant.
    Case Number: D68876

    A criminal defendant was not entitled to relief for ineffective assistance of counsel because he had accepted a plea agreement and the sentence was within the range contemplated by the agreement.

  • Hamilton v. MPB Corp.

    Publication Date: 2019-11-13
    Practice Area: Personal Injury
    Industry: Manufacturing | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jason D. Warren, Shelsby & Leoni, P.A., Wilmington, DE; Keith L. Maynard, Spohrer & Dodd, P.L., Jacksonville, FL for plain-tiffs.
    for defendant: Christian J. Singewald and Christopher S. Marques, White and Williams LLP, Wilmington, DE for defendant.
    Case Number: D68770

    Plaintiffs exercised due diligence in discovering the identity of a defendant, so the amended complaint related back to the time of original filing.

  • 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.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • 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.

  • Anderson v. General Motors, LLC

    Publication Date: 2019-07-17
    Practice Area: Labor Law
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Roland C. Anderson, pro se appellant.
    for defendant: Lori A. Brewington and Renee M. Mosley, Richards Layton & Finger, P.A., Wilmington, DE for appellee.
    Case Number: D68630

    Motion to reopen workers' compensation claim properly denied where full evidentiary record demonstrated that employer continued to deny liability for employee's claim, previously dismissed by the courts.

  • Smith v. State

    Publication Date: 2019-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Frances S. Ratner, Office of Defense Services, Wilmington, DE for the defendant.
    for defendant: Jillian L. Schroeder, Dep't of Justice, Wilmington, DE for the state.
    Case Number: D68627

    The court affirmed defendant's conviction for resisting arrest where he failed to demonstrate police bias or establish that po-lice did not follow proper procedures.

  • Grabowski v. J.J. White, Inc.

    Publication Date: 2018-12-12
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and Katherine L. Hemming, Gary S. Nitsche, P.A., Wilmington, DE for appellant.
    for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: D68384

    The Industrial Accident Board was justified in finding a course of opioid prescription treatment was not reasonable or necessary where it failed to resolve claimant's pain and instead resulted in drug dependency.

  • Franco v. Acme Markets, Inc.

    Publication Date: 2018-11-21
    Practice Area: Premises Liability
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and William Stewart, III of Gary S. Nitsche, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Michael J. Logullo of Rawle & Henderson, LLP, Wilmington, DE, attorney for defendant.
    Case Number: D68360

    Defendant's motion to dismiss denied where plaintiffs filed an amended complaint adding defendant as a party within 120 days of the expiration of the applicable statute of limitations and therefore could assert their claims against defendant under the relation back doctrine.