• B.W. Elec., Inc. v. Gilliam-Johnson

    Publication Date: 2019-04-17
    Practice Area: Administrative Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff: Daniel F. McAllister, Baird Mandalas Brockstedt, LLC, Wilmington, DE for petitioner.
    for defendant: Oliver J. Cleary, Dep't of Justice, Wilmington, DE for respondents.

    Case Number: D68529

    An agency's determination was arbitrary and unreasonable, because it was not based on sufficient factual findings.

  • Atl. Bldg. Assocs. v. Trujillo

    Publication Date: 2019-04-17
    Practice Area: Administrative Law | Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell for appellant.
    for defendant: Arthur M. Krawitz and Tara E. Bustard, Doroshow, Pasquale, Krawitz & Bhaya for appellee.

    Case Number: D68526

    The Industrial Accident Board's ruling was remanded for it to clarify whether its extensive review, of a prime contractor's efforts to verify that a subcontractor's workers' compensation insurance extended to Delaware, was conducted under a due diligence standard rather than a strict liability standard.

  • State of Delaware, Dep't of Natural Res. & Envtl. Control v. McGinnis Auto & Mobile Home Salvage, LLC

    Publication Date: 2019-03-06
    Practice Area: Administrative Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ralph K. Durstein, III, Deputy Attorney General, Department of Justice, Dover, DE for the state.
    for defendant: John W. Paradee, Daniel F. McAllister and Stephen A. Spence, Baird, Mandalas, Brockstedt, LLC, Do-ver, DE for McGinnis Auto & Mobile Home Salvage, Inc.

    Case Number: D68452

    An agency exceeded its statutory authority when it issued a cease and desist order which purported to man-date corrective action.

  • LKQ Corp. v. United States Dep't of Homeland Sec.

    Publication Date: 2019-03-06
    Practice Area: Administrative Law | Trademarks
    Industry: Automotive | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Barry F. Irwin, Reid P. Huefner and Chris Eggert, Irwin LP, Chicago, IL for plaintiff.
    for defendant: David C. Weiss, United States Attorney, Jennifer Hall, Assistant United States Attorney, Wilmington, DE; Mark Lacedonia, Tate Keenan, Office of Chief Counsel, U.S. Customs and Border Protection, De-partment of Homeland Security, Washington, DC for defendants.

    Case Number: D68451

    The court lacked subjected matter jurisdiction as to forfeiture claims because the agency had discretion in handling such claims, and plaintiff had an alternative remedy.

  • Harvey v. Berryhill

    Publication Date: 2019-02-27
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Tammy Harvey, Felton, DE, pro se plaintiff. Eric P. Kressman, Regional Counsel, and Annie Kernicky, Assistant Deputy Regional Counsel, Office of the Regional Chief, Social Security Administration, Philadelphia, PA; David C. Weiss, U.S. Attorney for the District of Delaware, Wilmington, DE
    for defendant: Heather Benderson, Special Assistant U.S. Attorney, Office of the General Counsel, Philadelphia, PA for defendant.

    Case Number: D68472

    Claimant not entitled to SSI benefits, where substantial evidence supported the conclusion that her disability was caused by her alcoholism, since the Social Security Act precluded benefits for claimants disabled by alcoholism or drug addiction.

  • Booth v. Garvin

    Publication Date: 2019-02-20
    Practice Area: Administrative Law | Environmental Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Christopher M. Coggins, Coggins Law, LLC, Wilmington, DE for appellants.
    for defendant: Robert F. Phillips, Deputy Attorney General, Department of Justice, New Castle, DE for appellees.

    Case Number: D68462

    Environmental Appeals Board correctly dismissed an appeal from an oral statement of the secretary of Department of Natural Resource and Environmental Control where such statement merely stated DNREC's litigation position and did not constitute an appealable final agency action and where the appeal was patently untimely.

  • Schwartz v. Berryhill

    Publication Date: 2019-01-23
    Practice Area: Administrative Law | Evidence
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gary C. Linarducci, New Castle, DE; Thomas D. Sutton, Leventhal, Sutton & Gornstein, Trevose, PA for plaintiff.
    for defendant: Nora Koch and Heather Benderson, Social Security Administration Office of General Counsel, Philadelphia, PA for defendant.

    Case Number: D68436

    An administrative law judge improperly substituted her opinion for that of plaintiff's treating specialist, and her opinion re-garding plaintiff's medical condition was not based on substantial evidence.

  • Prunckun v. Delaware Dept. of Health & Soc. Servs.

    Publication Date: 2019-01-16
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Francis G.X. Pileggi, Brian D. Ahern, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Michael P. Flammia, Eckert Seamans Cherin & Mellott, LLC, Boston, MA; Christopher E. Torkelson, Eckert Seamans Cherin & Mellott, LLC, Princeton, NJ for appellant.
    for defendant: Lauren E. Maguire and Adria B. Martinelli, Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: D68423

    Medicaid recipients were afforded due process after the state terminated community-based coverage of graduated electronic decelerator services where an administrative hearing officer determined GED was not a covered service under federal Medicaid regulations.

  • Virola v. Berryhill

    Publication Date: 2019-01-09
    Practice Area: Administrative Law | Expert Witnesses
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68415

    ALJ could afford treating physicians' testimony less weight during SSDI application hearing where physicians' conclusions regarding applicant's limitations were unsupported by the medical record and by the ALJ's observations of the applicant.

  • Malik v. Berryhill

    Publication Date: 2019-01-02
    Practice Area: Administrative Law | Evidence
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68411

    The decision of an administrative law judge denying plaintiff's claim for Social Security disability benefits was supported by substantial evidence.