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  • 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.

  • 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.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • 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.

  • 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.