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  • 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.

  • City of Newark v. Donald M. Durkin Contracting, Inc.

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Construction | Legal Services | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE for appellant.
    for defendant: Paul A. Logan, Post & Schell, P.C., Wilmington, DE for appellee.
    Case Number: N21C-12-039

    Although declaratory judgment action did not breach the parties' settlement, the fact that the action was related to litigation nonetheless triggered defendants' indemnification obligations under the settlement to reimburse plaintiff for its legal costs incurred in the action.

  • Reylek v. Albence

    Publication Date: 2023-08-07
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Terri Michelle Reylek, Dover, DE, pro se petitioner.
    for defendant: Nicholas D. Picollelli, Jr., Deputy Attorney General, Department of Justice, Wilmington, DE for Respondent.
    Case Number: K22M-07-010 NEP

    The court dismissed petitioner's request for a writ of mandamus to compel state officials to only employ valid and legally certified voting system/machines but deferred ruling on whether an actual controversy existed to support a declaratory judgment.

  • Minor v. Delaware River & Bay Auth.

    Publication Date: 2023-07-17
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff: William F. Cook, William M. Tambussi, Brown & Connery, Westmont, NJ for appellants.
    for defendant: Richard M. Pescatore, Vineland, NJ for appellee.
    Case Number: 21-2491

    District court erred in denying summary judgment on qualified immunity grounds where it considered public commissioners' claim of qualified immunity collectively rather than conducting individual analysis as to each commissioner's actions and knowledge.

  • Washington v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-06-27
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lavern C. Washington, pro se appellant.
    for defendant: Victoria E. Groff, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: N22A-03-004 CEB

    Court affirmed unemployment benefits disqualification where evidence clearly showed claimant knowingly underreported income, as his claim that he was instructed to do so by DOL employees lacked credibility.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Schafer v. Kent County Dep't of Planning Serv.

    Publication Date: 2023-06-13
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, J. Garrett Miller, Baird, Mandalas, Brockstedt, Federico & Cardea, LLC, Dover, DE for petitioners.
    for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston, LLC, Wilmington, DE; Richard A. Forsten, Pamela J. Scott, Gary W. Lipkin, Saul, Ewing, Arnstein & Lehr, LLP, Wilmington, DE for respondents.
    Case Number: K22C-11-014 JJC

    Although court lacked statutory authority to hear appeal from administrative decision of county staff since the statute only permitted appeals of decisions by the county's governing board, landowners could challenge the legality of a minor subdivision approval through a writ of certiorari.

  • Tesla Inc. v. Delaware Div. of Motor Vehicles

    Publication Date: 2023-06-06
    Practice Area: Administrative Law
    Industry: Automotive | Retail | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Kelly E. Farnan, Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE; Felicia H. Ellsworth, Sofie C. Brooks, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Ari Holtzblatt, Leon T. Kenworthy, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. for appellant.
    for defendant: George T. Lees III, Delaware Department of Transportation, Dover, DE for appellee.
    Case Number: 375, 2022

    DMV erred in interpreting Franchise Act to include a ban on the direct sales model, and vehicle manufacturer with no third-party dealers did not qualify as a "manufacturer" under the Act's definition.

  • Thompson v. City of Wilmington

    Publication Date: 2023-05-23
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Donald J. Thompson, III, Wilmington, Delaware, pro se plaintiff.
    for defendant: Caitlyn E. Quinn, Jocelyn N. Pugh, City of Wilmington Law Department for defendant.
    Case Number: 22-44-CFC

    Racial discrimination and retaliation claims were sufficiently pled where plaintiff was the only qualified candidate and was passed over for an unqualified external candidate and the denial of promotion was in close temporal proximity to plaintiff's HR complaint.

  • Suter v. Taylor

    Publication Date: 2023-05-02
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for plaintiffs.
    for defendant: Sarah A. Fruehauf, Deputy Attorney General, Wilmington, DE for defendant.
    Case Number: N22C-06-092 CEB

    State was not required to prove reasonable efforts by Insurance Coverage Determination Committee before moving to dismiss trip and fall case on grounds of sovereign immunity.

  • Delaware State Sportsmen's Ass'n Inc. v. Delaware Dep't of Safety & Homeland Sec.

    Publication Date: 2023-04-11
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Francis G.X. Pileggi, Sean M. Brennecke, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Alexander D. MacMullan, Lewis Brisbois Bisgaard & Smith LLP, Wayne, PA; Bradley P. Lehman, Gellert Scali Busenkell & Brown LLC, Wilmington, DE for plaintiffs.
    for defendant: David E. Ross, Bradley R. Aronstam, Garrett B. Moritz, S. Reiko Rogozen, Roger S. Stronach, Holly Newell, Elizabeth M. Taylor, Thomas C. Mandracchia, Ross Aronstam & Moritz LLP, Wilmington, DE; Kenneth L. Wan, Caneel Radinson-Blasucci, State of Delaware Department of Justice, Wilmington, DE for defendants.
    Case Number: 22-951-RGA

    Preliminary injunction to prevent enforcement of restrictions on assault weapons and large capacity magazines was denied where regulations were tailored to dangerousness of such weapons and were consistent with historical regulations on other dangerous weapons such as machine guns.