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  • State of Delaware ex rel. French v. Card Complaint, LLC

    Publication Date: 2018-09-12
    Practice Area: Business Torts | Deals and Transactions
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Thomas E. Brown, Edward K. Black and Stephen G. MacDonald for the state
    for defendant: Stuart M. Grant, Mary S. Thomas, Laina M. Herbert and Vivek Upadhya for relator French; Stephen E. Jenkins, Catherine A. Gaul, Richard M. Zuckerman, Sean Cenawood, Kiran Patel and Catharine Luo for Card Compliant defendants; Kenneth J. Nachbar, Michael Houghton, Matthew R. Clark, Barnaby Grzaslewicz, Ethan D. Millar, J. Andrew Howard, William R. Mitchelson, Jr., Jason D. Popp, Colm F. Connolly, Jody C. Barillare, Gregory T. Parks, Ezra D. Church, Courtney McCormick, David S. Eagle, Mi-chael W. Yurkewicz, Martin I. Einstein, David Swetnam-Burland, Stacy O.Stitham, Brian M. Rostocki, Benjamin P. Chapple, Michael J. Wynne, David A. Rammelt, Brian E. Farnan, Shawn J. Organ and Josh-ua M. Feasel for additional defendants.
    Case Number: D68285

    Factual issues prevented summary judgment in this false claims matter, and defendants failed to establish ex-traordinary circumstances for disregarding the law of the case.

  • Sekyi v. Delaware Bd. of Pharmacy

    Publication Date: 2018-09-12
    Practice Area: Administrative Law | Evidence
    Industry: Pharmaceuticals | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff: Eileen Kelly for plaintiff
    for defendant: Gregory A. Morris for defendant.
    Case Number: D68284

    The board of pharmacy improperly considered additional evidence beyond the record when it imposed a greater sanction on a licensee than did the hearing officer.

  • Fowler v. State

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
    for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.
    Case Number: D68279

    Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.

  • Stella v. State of Delaware

    Publication Date: 2018-08-08
    Practice Area: Constitutional Law | Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68242

    Plaintiff failed to allege sufficient facts to establish the foreseeability element of his substantive due process claim under the state-created danger doctrine.

  • Sherman v. State of Delaware Dept. of Public Safety

    Publication Date: 2018-07-11
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Edmund Daniel Lyons, Jr. for plaintiff
    for defendant: Lynn Kelly and Michael F. McTaggart for the state.
    Case Number: D68210

    As a matter of law, if a police officer made a valid arrest and then used that leverage to engage in sexual activ-ity with an arrestee, the officer's conduct did not need to fall within the scope of his employment to trigger em-ployer liability.

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  • City of Birmingham Ret. And Relief Sys. v. Good

    Publication Date: 2018-01-03
    Practice Area: Corporate Entities | Corporate Governance
    Industry: Energy | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Martin S. Lessner, Kathaleen St. J. McCormick, Nicholas J. Rohrer, and Meryem Y. Dede, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Robert A. Hoffman, Jeffrey W. Golan, and Julie B. Palley, Barrack, Rodos & Bacine, Philadelphia, PA; Felipe J. Arroyo, Shane P. Sanders, and Gina Stassi, Robbins Arroyo LLP, San Diego, CA; Judith S. Scolnick, Donald. A. Broggi, and Thomas. L. Laughlin, Scott+Scott, Attorneys at Law, LLP, New York, NY; Peter B. Andrews and Craig J. Springer, Andrews & Springer LLC, Wilmington, DE; Alfred G. Yates, Law Offices of Alfred G.Yats, Jr., Pittsburgh, PA, attorneys for appellants
    for defendant: Kenneth J. Nachbar, Susan W. Waesco, and Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jack B. Jacobs, Sidley Austin LLP, Wilmington, DE; Steven M. Bierman, Andrew W. Stern, and Elizabeth A. Espinosa, Sidley Austin LLP, New York, NY, attorneys for appellees.
    Case Number: D67990

    Derivative complaint properly dismissed for failure to make litigation demand where stockholders allegations only established exculpated claim for directors bad faith, rather than personal liability for companys environmental violations.

  • Protech Solutions, Inc. v. The Delaware Dept. of Health and Human Services

    Publication Date: 2017-12-27
    Practice Area: Contracts | Government
    Industry: Consulting | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: David A. Felice, Brian A. Glasser, Victor S. Woods and James L. Kauffman for petitioner
    for defendant: Lawrence W. Lewis and John H. Tyalor, III for the state; Steven L. Caponi, Steven G. Schortgen and Jennifer Klein Ayers for nominal respondent Conduent State & Local Solutions, Inc.
    Case Number: D67988

    Unsuccessful bidder for contract involving professional services to a state agency failed to demonstrate the agency acted im-properly in conducting the bidding process.

  • Cody v. Hardy

    Publication Date: 2017-12-06
    Practice Area: Motor Vehicle Torts
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Heather A. Long, Kimmel, Carter, Roman, Peltz & O'Neill, Christiana, DE, attorney for plaintiff
    for defendant: Michael Busenkell, Geller Scali Busenkell & Brown, LLC, Wilmington, DE; Donald M. Ransom and Michael J. Hendee, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE, attorneys for defendant.
    Case Number: D67959

    Court declined to grant summary judgment to employer pleaded into motor vehicle tort action under theory of respondeat superior where there was genuine dispute of material fact as to whether employees trip to grocery store during out-of-state work trip was part of course and scope of employment.

  • Horvat v. State of Delaware Office of Management & Budget

    Publication Date: 2017-11-15
    Practice Area: Government | Premises Liability
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: William D. Fletcher for plaintiff
    for defendant: Joseph C. Handlon and Lynn A. Kelly for the state.
    Case Number: D67938

    Sovereign immunity and the Tort Claims Act shielded the state from liability in this slip-and-fall matter involv-ing the clearing of a courthouse parking lot covered in snow and ice.

  • Greene v. City of Delaware City Ethics Bd.

    Publication Date: 2017-10-25
    Practice Area: Contracts | Election and Political Law | Government
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Counsel: Barrett Edwards for respondent.
    for defendant:
    Case Number: D67913

    A city ethics board acted on substantial evidence where it found city council members extended preferential treatment to a party who sought to lease city property at a reduced rate which was not offered to other members of the public. Affirmed.