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Publication Date: 2024-04-15
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff: Marc H. Snyder, Rosen Moss Snyder & Bleefeld, LLP, Wilmington, DE for plaintiff.
for defendant: David C. Weiss, United States Attorney, United States Attorney's Office for the District of Delaware, Wilmington, DE; Andrew C. Lynch, Special Assistant United States Attorney; Brian C. O'Donnell, Associate General Counsel; Brittany J. Gigliotti, Office of the General Counsel, Social Security Administration, Baltimore, MD for defendant.
Case Number: 23-350-SRF
The record contained substantial evidence to support an ALJ's determination of claimant's mental limitations, including examination findings within normal limits and claimant's admission that she could perform most tasks of personal care and daily living.
Publication Date: 2024-04-15
Practice Area: Administrative Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Ahmad J. Abdullah, Wilmington, DE, pro se plaintiff
for defendant: Shawn Carver, Erica Adams, Social Security Administration, Baltimore, MD. for defendant.
Case Number: 21-506-GBW
Administrative law judge erred in concluding that Social Security disability applicant possessed residual functional capacity where the determination was based on a mischaracterization of the record evidence, which indicated applicant had a much more limited capacity than that found by the ALJ.
Publication Date: 2024-03-11
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Winston
Attorneys: For plaintiff: William J. Rhodunda, Jr., Nicholas G. Kondraschow, Rhodunda, Williams & Kondraschow for appellant.
for defendant: A. Zachary Naylor, Delaware Department of Justice for appellee.
Case Number: N23A-04-002 PAW
Court remanded revocation of real estate license where commission concededly deprived licensee of due process by denying him the opportunity to speak and prohibiting his counsel from reading his prepared statement, after allowing the state to provide statements and comments.
Publication Date: 2023-06-20
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Stephen A. Hampton, Grady & Hampton, Dover, DE; David F. Chermol, Chermol & Fishman, LLC, Philadelphia, PA for plaintiff.
for defendant: David C. Weiss, United States Attorney, Brian C. O’Donnell, Associate General Counsel, Evelyn Rose Marie Protano, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, Baltimore, MD for defendant.
Case Number: 22-86 (MN) (JLH)
Sufficient evidence supported ALJ's determination that plaintiff's combination of medical conditions did not impair him from performing light work that existed in substantial numbers in the national economy, such that plaintiff had residual functional capacity and was not disabled for purposes of SSI.
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.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-05-23
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-628-SRF
Court issued judgment awarding for Social Security disability insurance benefits rather than remanding for a fourth administrative hearing due to the excessive delay in resolution of the case caused by repeated deficient analysis by the ALJ, when the record evidence supported finding that plaintiff was disabled.
Publication Date: 2023-05-09
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Gary Linarducci, Linarducci & Butler, PA, New Castle, DE; Karl E. Osterhout, Osterhout Berger Disability Law, Oakmont, PA for plaintiff.
for defendant: David C. Weiss, United States Attorney, United States Attorney’s Office for the District of Delaware, Wilmington, DE; Brian C. O’Donnell, Regional Counsel, Annie Kernicky, Assistant Regional Counsel, Margaret W. Reed, Special Assistant United States Attorney, Social Security Administration, Philadelphia, PA for defendant.
Case Number: 21-17-CJB
ALJ erred in finding that disability applicant possessed a residual functional capacity where the reliable expert testimony did not support the factual findings that applicant was capable of performing manipulative tasks with her hands frequently or sitting for extended periods during the workday.
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).
Publication Date: 2022-11-08
Practice Area: Administrative Law
Industry:
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: John W. Paradee, Stephen A. Spence, Brian V. Demott, Mackenzie M. Peet, Baird Mandalas Brockstedt, LLC, Dover, DE for appellant.
for defendant: Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, Dover, DE; Craig T. Eliassen, Schmittinger & Rodriguez, P.A., Dover, DE for appellee.
Case Number: K22A-02-003 NEP
Court reversed the decision of the county's zoning board finding that their denial of an application to construct an "accessory cottage," was inconsistent with the plain and unambiguous meaning of the zoning code. Although the zoning board argued that the application should be denied because it would require the construction of a new building rather than an addition to an already existing outbuilding, the court noted that this was inconsistent with the code which made no mention of whether an outbuilding could be constructed to qualif
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.
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