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  • Parkell v. Pierce

    Publication Date: 2023-11-20
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
    for defendant: James D. Taylor, Jr., Jessica M. Jones, Juliana G. Clifton, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Arthur D. Kuhl, Matthew R. Hindley, Reger Rizzo & Darnall LLP, Wilmington, DE for defendants.
    Case Number: 1:17-cv-00157-SB

    Court dismissed case for failure to prosecute where plaintiff had willfully or recklessly failed to actively litigate the case for several years despite repeated extensions and warnings from the court.

  • In re COVID-Related Restrictions on Religious Serv.

    Publication Date: 2023-09-11
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Scott D. Cousins, Cousins Law LLC, Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney at Law, Wilmington, DE for plaintiffs.
    for defendant: Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.
    Case Number: N23C-01-123 MAA

    Plaintiffs' lawsuit challenging past COVID-19-related restrictions on houses of worship was dismissed where governor was entitled to qualified immunity as it was unclear at the time the restrictions were implemented that such restrictions were unconstitutional and where the lawsuit was not justiciable since there was no longer an active case or controversy.

  • Eley v. PNC Bank Branch of Lewes DE

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
    for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.
    Case Number: S23C-04-003 CAK

    Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.

  • Xi v. Haugen

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: David Rudovsky, Jonathan H. Feinberg, Susan M. Lin Kairys, Rudovsky, Messing, Feinberg & Lin LLP, Philadelphia, PA; Patrick Toomey, Ashley Gorski, Sarah Taitz, American Civil Liberties Union Foundation, New York, NY; Jonathan Hafetz, Seton Hall Law School, Newark, NJ for appellants.
    for defendant: Leif Overvold, Brian M. Boynton, H. Thomas Byron III, Sharon Swingle, U.S. Department of Justice, Washington, DC for appellees.
    Case Number: 21-2798

    "Clearly established" threshold inapplicable to discretionary function exception analysis under FTCA because the government lacked discretion to violate constitutional rights.

  • Davis v. Spicer

    Publication Date: 2023-03-07
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-874-SRF

    Court declined motion in limine to exclude evidence of plaintiff's physical injuries and emotional distress, as such evidence was necessary for plaintiff to recover damages for emotional distress in his §1983 case.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

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

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  • Davis v. Gas Recovery, LLC

    Publication Date: 2023-02-28
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-840-SRF

    Defendant police officers' summary judgment motion denied where they failed to cite legal authority in support of their motion and where there were genuine issues of material fact regarding the purpose of the officers' appearance and whether the police department had ordered a private company to destroy a recording of the evidence.

  • Shaheed v. City of Wilmington

    Publication Date: 2022-11-29
    Practice Area: Civil Rights
    Industry: Automotive | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: John W. Shaw, Shaw Keller LLP, Wilmington, DE; Robert E. Johnson, Institute for Justice, Shaker Heights, OH; William Aronin, Institute for Justice, Arlington, VA for plaintiffs.
    for defendant: Laura Najemy, Rosamaria Tassone-DiNardo, City of Wilmington Law Department, Wilmington, DE; David J. Ferry, Jr., Rick S. Miller, Ferry Joseph, P.A., Wilmington, DE; Neil Raymond Lapinski, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE; Joseph W. Benson, Andrew G. Ahern, III, Joseph W. Benson, P.A., Wilmington, DE; Neil Raymond Lapinski, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.
    Case Number: 21-1333-CFC

    Court found no due process violation from towing and impoundment of vehicles where car owners were provided with adequate notice to be heard following towing, as pre-towing hearings or release of vehicles on demand would be impractical and would nullify the city's interest in towing repeat violators.

  • Overington v. Fisher

    Publication Date: 2022-08-23
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kari Lynn Overington, Milton, DE, pro se plaintiff.
    for defendant: George Thomas Lees III, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.
    Case Number: D69933

    First Amendment claim could be levied against government officials where the claim alleged that regulations on the content of vehicle plate licensing were placed in the unfettered discretion of government officials.

  • Harmon v. Lawson

    Publication Date: 2022-07-05
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Sandra Harmon, Hartsville, SC, pro se plaintiff.
    for defendant: Kevin J. Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE; Patricia A. Davis, Deputy Attorney General, Delaware Department of Justice, Dover, DE for defendants.
    Case Number: D69875

    Constitutional claims arising from monition action dismissed where plaintiff had failed to plead defendants' personal involvement in alleged constitutional violations or where defendants enjoyed immunity from suit for actions taken in their official capacity.

  • Panchigar v. Delaware Dep't of Corr. Comm'r

    Publication Date: 2022-05-17
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Brandon Lee Panchigar, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se plaintiff.
    for defendant: N/A
    Case Number: D69821

    Deliberate indifference to medical need claims under the Eighth Amendment could not be based on allegations of medical malpractice or disagreement over the proper course of treatment.