• Hughes v. Berryhill

    Publication Date: 2018-11-14
    Practice Area: Administrative Law | Evidence
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68357

    An administrative law judge properly denied plaintiff's request for Social Security disability benefits where the record indicated that her medical condition did not prevent her from performing sedentary work with some physical limitations.

  • State of Delaware v. McElderry

    Publication Date: 2018-10-24
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Rebecca Song, Deputy Attorney General, Department of Justice, Wilmington, DE, for the state
    for defendant: James O. Turner, Jr., Assistant Public Defender, Office of Defense Services, Wilmington, DE, for de-fendant.

    Case Number: D68333

    Police officers had a sufficiently reasonable suspicion of criminal activity, which justified the seizure of evi-dence.

  • Page v. Fucci

    Publication Date: 2018-10-17
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Adam R. Elgart for plaintiffs
    for defendant: Thomas J. Marcoz for defendants.

    Case Number: D68323

    Plaintiff in this medical malpractice case was entitled to the discovery of notes written by two doctors and their practice manager prior to the filing of this case and before any of the parties were represented by counsel.

  • Flowers v. State

    Publication Date: 2018-10-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Bernard J. O'Donnell, attorney for appellant
    for defendant: Andrew Vella, attorney for appellee.

    Case Number: D68310

    Motion to suppress evidence seized during stop-and-frisk properly denied where police had reasonable suspicion to effect a Terry stop after observing suspect make movements consistent with an individual concealing a firearm in the waistband.

  • Daniels v. Delaware Psychiatric Ctr.

    Publication Date: 2018-10-03
    Practice Area: Evidence | Government | Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Tomeka M. Daniels, Wilmington, DE, pro se plaintiff
    for defendant: Joseph Clement Handlon, Deputy Attorney General, and Lauren E. Maguire, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorneys for defendant.

    Case Number: D680304

    Race discrimination and hostile work environment claims failed where plaintiff failed to present evidence that adverse employment actions and hostile environment were motivated by plaintiff's race.

  • Fowler v. State

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Herbert W. Mondros, Margolis Edelstein, Wilmington, DE; Karl Schwartz, The Law Office of Karl Schwartz, Pennsylvania, PA, attorneys for appellant
    for defendant: Maria T. Knoll, Deputy Attorney General, Department of Justice, Wilmington, DE, attorney for appellee.

    Case Number: D68279

    Defendant was entitled to a new trial where state's evidence of defendant's identity as shooter was based on eyewitness testimony contradicted by undisclosed Jencks statements and on opinion testimony of expert whose certifications had lapsed and who was subsequently arrested for crimen falsi.

  • Sekyi v. Delaware Bd. of Pharmacy

    Publication Date: 2018-09-12
    Practice Area: Administrative Law | Evidence
    Industry: Pharmaceuticals | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Witham
    Attorneys: For plaintiff: Eileen Kelly for plaintiff
    for defendant: Gregory A. Morris for defendant.

    Case Number: D68284

    The board of pharmacy improperly considered additional evidence beyond the record when it imposed a greater sanction on a licensee than did the hearing officer.

  • Delaware Law Weekly

    Del. Supreme Court: Trial Judge Misinterpreted Expert Testimony Precedent

    August 22, 2018

    The ruling wiped out a November 2017 order that found the testimony of an expert witness was unreliable because it was not based on medical literature or peer-reviewed publications.

  • State of Delaware v. Byard

    Publication Date: 2018-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Michael B. DegliObizzi for the state
    for defendant: Michael W. Modica for defendant.

    Case Number: D68163

    Information obtained from a vehicle's crash sensing device was admissible because the accuracy of the device had been tested, the results of such tests had been published in peer-reviewed publications, the tests established the device's known error rates, a governmental agency had established rules regarding this technology, and such devices were widely used in the automobile industry.

  • Delaware Law Weekly

    Oscar-Winning Documentarian Denied Video From Theranos Depositions in Del.

    April 23, 2018

    A Delaware Court of Chancery vice chancellor on Monday denied Academy Award-winning director Alex Gibney access to discovery materials from two investor lawsuits filed against Theranos and its directors, as he prepares a feature-length documentary about the embattled blood-testing company.