• 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.

  • White v. Golding

    Publication Date: 2022-11-29
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1833-SRF

    Americans with Disabilities Act could apply to police encounter resulting in fatal shooting of suspect where police were advised that suspect suffered from multiple mental health conditions and thus could be considered to have a mental disability.

  • Craft v. Simpler

    Publication Date: 2022-11-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: James M. Stiller, Jr., Schwartz & Schwartz, Dover, DE for petitioner.
    for defendant: Bradley S. Eaby, Deputy Attorney General, Department of Justice, Dover, DE for respondent.

    Case Number: K20M-10-034 NEP

    DMV probable cause determination constituted a "conviction" for purposes of imposing a CDL suspension where a "conviction" did not necessarily require proof beyond a reasonable doubt and the intent behind license suspension was to ensure protection of the public rather than to impose criminal punishment.

  • Davis v. Town of S. Bethany Beach

    Publication Date: 2022-10-25
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Eric G. Mooney, Eric G. Mooney, P.A., Georgetown, DE; Tasha Marie Stevens-Gueh, Andrew & Stevens-Gueh, LLC, Georgetown, DE for plaintiff.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Montchanin, DE for defendant.

    Case Number: S20C-06-018 CAK

    Promissory estoppel claim for denial of retirement benefits not dismissed where former employee sufficiently pled that prior versions of employer's personnel manual and employer's conduct created a promise that employee would be entitled to benefits despite subsequent amendments to eligibility requirements.

  • State of Delaware v. Concrete Tech. Resurfacing & Design, Inc.

    Publication Date: 2022-10-25
    Practice Area: Discovery
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Michael Clarke, Deputy Attorney General, Consumer Protection Unit, Delaware Department of Justice, Wilmington, DE for plaintiff.
    for defendant: John V. Work, Law Office of John V. Work, Wilmington, DE for defendants.

    Case Number: N19C-05-323 FWW

    The court granted plaintiff's requests for sanctions based on a failure to produce discoverable materials and spoliation of discoverable information.

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  • Crown Castle Fiber LLC v. City of Wilmington

    Publication Date: 2022-10-18
    Practice Area: Telecommunications
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Geoffrey G. Griver, Buchanan Ingersoll & Rooney, PC, Wilmington, DE; Shawn N. Gallagher, Buchanan Ingersoll & Rooney, PC, Philadelphia, PA for plaintiff.
    for defendant: Gary W. Lipkin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Charles A. Zdebski, Eckert Seamans Cherin & Mellott, LLC, Washington, DC; Bradley S. Eaby, Deputy Attorney General, State of Delaware Department of Justice, Dover, DE for defendants.

    Case Number: N21C-08-126 PRW

    Court denied wireless infrastructure company summary judgment in action challenging city-mandated franchise agreements for node installation, where there were outstanding issues of material fact regarding whether the franchise agreements were exempted from the preemptive effect of the Federal Telecommunications Act.

  • Markert v. Bd. of Adjustment of the City of Rehoboth Beach

    Publication Date: 2022-10-11
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: William B. Larson, Tye C. Bell, Manning Gross + Massenberg LLP, Wilmington, DE for appellant.
    for defendant: Richard A. Forsten, Pamela J. Scott, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellees.

    Case Number: S22A-02-003 CAK

    Upward variance from floor area ratio affirmed where variance was needed for hotel developer's aesthetic vision for project, which sought not to increase density but rather to provide additional amenities and retail space.

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

    Publication Date: 2022-10-11
    Practice Area: Administrative Law
    Industry: Automotive | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Kelly Farnan, Tyler Cragg, Richards, Layton & Finger, P.A., Wilmington, DE for appellant.
    for defendant: George T. Lees III, Delaware Department of Justice, Dover, DE for appellee.

    Case Number: N21A-09-001 CLS

    Court affirmed DMV's director's denial of a manufacturer's license for a dealership license on the basis that the Delaware Motor Vehicle Franchising Practices Act prohibits vehicle manufacturers from serving as dealers to consumers.

  • Rigby v. Jennings

    Publication Date: 2022-10-11
    Practice Area: Constitutional Law
    Industry: Consumer Products | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Bradley P. Lehman, Gellert Scali Busenkell & Brown LLC, Wilmington, DE; Edward Paltzik, Joshpe Mooney Paltzik LLP, New York, NY for plaintiffs.
    for defendant: Patricia A. Davis, Kenneth L. Wan, Andrew R. Fletcher, Deputy Attorneys General, State of Delaware, Department of Justice, Wilmington, DE for defendant.

    Case Number: 21-1523 (MN)

    Plaintiffs were granted preliminary injunctive relief on state criminal laws that prohibited the manufacture and possession of unserialized firearms and firearm components when such firearms and components were lawfully acquired and manufactured by individuals, as such restrictions violated Second Amendment rights.

  • Higgin v. Albence

    Publication Date: 2022-09-27
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Cook
    Attorneys: For plaintiff: M. Jane Brady, Brady Legal Group LLC, Lewes, DE; Charlotte Davis, Noel H. Johnson, Public Interest Legal Foundation, Indianapolis, IN; Julianne E. Murray, Law Offices of Murray, Phillips & Gay, Georgetown, DE for plaintiffs.
    for defendant: Allison J. McCowan, Zi-Xiang Shen, Victoria R. Sweeney, Delaware Department of Justice, Wilmington, DE for defendants.

    Case Number: 2022-0641-NAC

    Court granted in part and denied in part a request for a permanent injunction seeking to enjoin the enactment of two recently passed electoral laws which were to take effect prior to the general election on November 8, 2022.