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

    Publication Date: 2019-03-06
    Practice Area: Administrative Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ralph K. Durstein, III, Deputy Attorney General, Department of Justice, Dover, DE for the state.
    for defendant: John W. Paradee, Daniel F. McAllister and Stephen A. Spence, Baird, Mandalas, Brockstedt, LLC, Do-ver, DE for McGinnis Auto & Mobile Home Salvage, Inc.
    Case Number: D68452

    An agency exceeded its statutory authority when it issued a cease and desist order which purported to man-date corrective action.

  • 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.

  • Taplin v. Schuitemaker

    Publication Date: 2019-01-23
    Practice Area: Contracts
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, Dover, DE for appellant.
    for defendant: Paul G. Enterline, Georgetown, DE for appellee.
    Case Number: D68432

    Trial court erroneously denied motion to amend pleadings to add quasi-contractual claims where defendant's acquiescence to introduction of evidence in support of those claims and argument on those claims in defendant's own pleadings demonstrated implied consent to trying the claims and a lack of surprise by amendment.

  • Holben v. Pepsi Bottling Ventures, LLC

    Publication Date: 2018-12-26
    Practice Area: Administrative Law | Attorney Compensation
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE for claimant.
    for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE for Pepsi Bottling Ventues, LLC.
    Case Number: D68404

    An employee was not entitled to a presumption that her post-injury wages equaled her post-injury earning power, so her partial disability benefits were properly reduced.

  • State of Delaware v. Gates

    Publication Date: 2018-11-28
    Practice Area: Administrative Law | Labor Law
    Industry: Recruitment and Staffing | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger of Schmittinger and Rodriquez, Dover, DE for claimant
    for defendant: John J. Klusman, Jr. of Tybout, Redfearn and Pell, Wilmington, DE for the state.
    Case Number: D68370

    An employee was acting within the scope of his employment when he responded to the employer's instruction to return to work, so he was entitled to recovery under the Worker's Compensation Act for injuries sustained in an automobile accident.

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  • Foreman v. Two Farms, Inc.

    Publication Date: 2018-10-24
    Practice Area: Premises Liability
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Michael P. Minuit and Timothy A. Dillon, McCann & Wall, LLC, Wilmington, DE, attorneys for plaintiff
    for defendant: Michael J. Logullo, Rawle & Henderson, LLP, Wilmington, DE, and Jeffrey L. Oster, Rawle & Hender-son, LLP, Philadelphia, PA, attorneys for defendants.
    Case Number: D68330

    In this premises liability case, plaintiff was entitled to an adverse inference instruction where defendants failed to preserve the only copy of a surveillance video.

  • 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.

  • Wilgus v. Bayhealth Med. Ctr.

    Publication Date: 2018-08-08
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Daniel C. Herr for plaintiff
    for defendant: Samuel Moultrie and Johnine P. Barnes for defendant.
    Case Number: D68245

    Employee was not required to provide proof of an ongoing disability in this action against her former employer for failing to provide a reasonable accommodation.

  • Doyle v. Matthew Smith, LLC

    Publication Date: 2018-07-25
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ella J. Doyle, pro se appellant
    for defendant: Daniel C. Mulveny and Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE, attorneys for defendants.
    Case Number: D68224

    Appeals referee erred in finding person ineligible for unemployment benefits for failure to appear for work search audits where individual presented evidence that she was short-term unemployed and therefore not obligated to appear for audits.

  • Black Diamond Hope House, Inc. v. U & I Invs., LLC

    Publication Date: 2018-06-06
    Practice Area: Civil Procedure | Contracts
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Charles J. Brown, III, Gellert, Scali, Busenkell & Brown, LLC, Wilmington, DE, attorney for plaintiffs
    for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE; Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE; Paul Cottrell and Patrick McGrory, Tighe & Cottrell, P.A., Wilmington, DE, attorneys for defendants.
    Case Number: D68167

    Claims arising from construction defects barred by statute of limitations where parties' contract defined accrual date as date of substantial completion of project and barred application of the discovery rule.