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  • The Delaware Div. of the Pub. Advocate v. The Delaware Pub. Serv. Comm'n

    Publication Date: 2023-04-11
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Regina A. Ioii, Department of Justice, Wilmington, DE for appellant.
    for defendant: James McC. Geddes, Ashby & Geddes, Wilmington, DE; Jessica M. Jones, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for appellees.
    Case Number: K22A-02-005 RLG

    Public Service Commission's failure to make specific factual findings and legal conclusions when approving electric company's request to include pension and retirement benefit liabilities in the rate base precluded appellate review and required reversal of the decision.

  • 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.

  • 250 Executive, LLC v. Christina Sch. Dist.

    Publication Date: 2023-02-14
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for petitioner.
    for defendant: James H. McMackin, III, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendants.
    Case Number: N22C-03-190 FWW

    Taxing entity improperly exercised discretion to deny refund request where taxpayer had undisputedly overpaid its property taxes due to the county's erroneous assessments.

  • Delta Eta Corp. v. City of Newark

    Publication Date: 2023-02-14
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for plaintiff.
    for defendant: Max B. Walton, Lauren P. DeLuca, Erica K. Sefton, Connolly Gallagher LLP, Wilmington, DE for defendants.
    Case Number: 2021-1106-MTZ

    Chancery court lacked subject matter jurisdiction over challenge to denial of special use permit by city council, which had acted in quasi-judicial capacity in denying the permit application and thus allowed for a remedy at law.

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

    Publication Date: 2023-01-31
    Practice Area: Contracts
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Max B. Walton, Shaun Michael Kelly, Conolly Gallagher LLP for plaintiff.
    for defendant: Paul A. Logan, Post & Schell, P.C. for defendants.
    Case Number: N21C-12-039 PAW

    Declaratory judgment seeking clarification of scope of obligations under continuing cooperation provision of parties' settlement agreement did not constitute breach of release provision entitling released party to indemnification.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

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  • The State of Delaware v. Melpar, LLC

    Publication Date: 2023-01-10
    Practice Area: Fee Disputes
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Bradley Eaby, Deputy Attorney General, Department of Justice, Wilmington, DE for petitioner.
    for defendant: Richard L. Abbott, Abbot Law Firm, Hockessin, DE for defendant.
    Case Number: S21C-03-017 FJJ

    The court granted a motion for attorney fees in part and denied in part finding that defendant LLC was owed fees following a condemnation trial where the court's valuation of the property was higher than that initially offered by the State.

  • Giles v. Town of Elsmere

    Publication Date: 2023-01-03
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
    for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
    Case Number: N22M-02-006 EMD

    Mandamus relief seeking admission to state pension plan dismissed on statute of limitations grounds where municipal officer's alleged right to apply for admission to pension plan accrued upon hire nearly 10 years prior.

  • Albence v. Higgin

    Publication Date: 2022-12-27
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Alexander S. Mackler, Allison J. McCowan, Zi-Xiang Shen, Victoria R. Sweeney, Delaware Department of Justice, Wilmington, DE for appellants.
    for defendant: M. Jane Brady, Brady Legal Group LLC, Lewes, DE; Charlotte Davis, Noel H. Johnson, Public Interest Legal Foundation, Indianapolis, IA; Julianne E. Murray, Law Office of Murray, Phillips & Gay, Georgetown, DE for appellees.
    Case Number: 342, 2022

    Same-day voter registration and vote-by-mail statutes violated the Delaware constitution, which specifically enumerated the categories of citizens entitled to cast votes by absentee ballot and also effectively undercut enumerated rights to challenge voter registration records.

  • Fretz v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-12-20
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: William Fretz, pro se appellant
    for defendant: Dover, DE. Michael G. Rushe, Hudson, Jones, Jaywork & Fisher, LLC, Dover, DE; Victoria E. Groff, Department of Justice, Wilmington, DE for appellees.
    Case Number: K22A-05-003 NEP

    The court remanded a decision of the Unemployment Insurance Appeal Board denying appellant's unemployment benefits on the basis that he voluntarily left his position and therefore did not qualify for benefits under 19 Del. C. §3314(1).

  • In re COVID-Related Restrictions on Religious Servs.

    Publication Date: 2022-12-06
    Practice Area: Government
    Industry: Non-Profit | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Stephen J. Neuberger, Thomas S. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Scott D. Cousins, Scott D. Jones, Cousins Law LLC, Wilmington, DE; Thomas C. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE; Martin D. Haverly, Martin D. Haverly, Attorney At Law, Wilmington, DE, for plaintiffs.
    for defendant: Zi-Xiang Shen, State of Delaware Department Of Justice, Wilmington, DE; Brad D. Sorrels, Andrew D. Cordo, Daniyal M. Iqbal, Nora M. Crawford, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for defendant.
    Case Number: 2021-1036-JTL

    Chancery court lacked subject matter jurisdiction over challenge filed by religious leaders to COVID-19 in-person gathering restrictions where plaintiffs had failed to demonstrate reasonable apprehension that state would reimpose such restrictions after it entered a settlement agreeing not to impose similar restrictions in the future.