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  • State v. Risper

    Publication Date: 2019-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D6846

    A search warrant was overly broad, because the state only had probable cause to search and seize tracking information con-tained on defendant's cellular phone.

  • W & C Catts Family Ltd. P'ship v. The Town of Dewey Beach

    Publication Date: 2018-12-12
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: John W. Paradee, Glenn C. Mandalas and Daniel F. McAllister, Mandalas & Brockstedt, Dover, DE for appellant.
    for defendant: Veronica O. Faust, Morris James, LLP, Rehoboth Beach, DE; Michael J. Hoffman, Tarabicos Grosso, LLP, New Castle, DE for appellees.
    Case Number: D68387

    A property owner abandoned a nonconforming use of an eatery for at least one year, and the property was subject to floodplain district requirements.

  • Ford v. Taylor

    Publication Date: 2018-11-28
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Stephen A. Hampton and Anthony V. Panicola, Grady and Hampton, LLC, Dover, DE for plaintiff
    for defendant: Theodore J. Segletes, III, Law Offices of Chrissinger & Baumberger, Wilmington, DE for defendant.
    Case Number: D68368

    Defendant's motion for summary judgment on plaintiffs' claim for punitive damages from a motor vehicle accident denied where circumstances leading to defendant's collision with plaintiffs' vehicle could allow a jury to find defendant acted with conscious indifference and willful disregard of plaintiffs' rights.

  • Stevenson v. Delaware Dept. of Natural Resources and Envtl. Control

    Publication Date: 2018-07-11
    Practice Area: Expert Witnesses | Public Utilities
    Industry: Energy
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Richard L. Abbott for plaintiffs
    for defendant: Ralph K. Durstein, III and Valerie S. Edge for defendants.
    Case Number: D68213

    Plaintiffs lacked standing to challenge amendments to Delaware law regarding utility pricing.

  • Bradley v. Powell

    Publication Date: 2018-06-06
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Joseph W. Weik, Weik, Nitsche & Dougherty, Wilmington, DE, attorney for plaintiffs
    for defendant: Louis J. Rizzo, Jr., Reger Rizzo & Darnell, Wilmington, DE, attorney for defendant.
    Case Number: D68168

    Fireman's Rule did not preclude personal injury claim filed by police officer where jury could find defendant's conduct reckless or constituting an act independent for the reason defendant had called police, negating application of the rule to police officers.

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  • Iacona v. Hometown Rehoboth Bay, LLC

    Publication Date: 2018-05-16
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Brian S. Eng, Community Legal Aid Society, Inc., Dover, DE, attorney for appellants
    for defendant: Michael P. Morton and Nicole M. Faries, Michael P. Morton, P.A., Greenville, DE, attorneys for appellees.
    Case Number: D68144

    Group of homeowners could band together to form an association-in-fact under the Rent Justification Act to challenge a community manager/owners rent increase.

  • Resolve Funding, LLC v. Buckley Property Serv., LLC

    Publication Date: 2018-02-21
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David B. Anthony and Sean Meluney for plaintiff
    for defendant: Michael F. Duggan and Brett T. Norton for defendant.
    Case Number: D68052

    Lender adequately stated claims for negligence and negligent misrepresentation against an appraiser for fail-ing to provide a residential property appraisal that complied with commercially reasonable standards.

  • Delaware Bldg. Supply, Inc. v. Integrity Builders, Inc.

    Publication Date: 2018-01-24
    Practice Area: Civil Procedure | Contracts
    Industry: Construction | Distribution and Wholesale
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Patrick Scanlon and Darlene Wyatt Blythe, Law Office of Patrick Scanlon, P.A., Milford, DE, attorneys for plaintiff
    for defendant: Peter K. Schaeffer, Avenue Law, Dover, DE, attorney for defendants.
    Case Number: D68015

    Summary judgment denied where guaranty upon which plaintiffs claim was based was illegible, and where discovery had revealed facts permitting defendant to assert novation defense.

  • The Crest Condo. Assn v. Royal Plus, Inc.

    Publication Date: 2017-12-27
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: William J. Rhodunda and Nicholas G. Kondraschow, Rhodunda & Williams, Wilmington, DE, attorneys for plaintiff
    for defendant: Nichols H. Rodriguez and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE; Wade A. Adams II, Chrissinger & Baumberger, Wilmington, DE; Thomas P. Leff, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE, attorneys for defendants.
    Case Number: D67984

    Summary judgment deferred where plaintiffs evidence created genuine issues of material fact as to the applicability of the doctrines of inherently unknowable injuries and fraudulent concealment to toll the limitations period and render plaintiffs complaint timely.

  • Simmons v. Farmer

    Publication Date: 2017-11-22
    Practice Area: Damages
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Timothy G. Willard for plaintiffs
    for defendant: Maria J. Poehner for defendants.
    Case Number: D67949

    Owners of a dog were not entitled to consequential damages in a claim for negligent veterinary care, but fac-tual issues existed as to the fair market value of the dog prior to surgery.