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Publication Date: 2023-11-06
Practice Area: Consumer Protection
Industry: Hospitality and Lodging | State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Dover, DE for petitioner.
for defendant: Owen P. Lefkon, Ryan T. Costa, Deputy Attorneys General, State of Delaware Department of Justice Wilmington, DE for respondent.
Case Number: S23M-06-018-CAK
Consumer Protection Unit had statutory authority to issue subpoenas to affiliate of manufactured home community owners where it was not exclusively bound to make civil investigative demands under the Consumer Fraud Act, and the subpoenas were sufficiently tailored to the scope of an investigation into the safety of the community residents.
Publication Date: 2023-07-10
Practice Area: Civil Rights
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.
Case Number: S23C-04-003 CAK
Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.
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.
Publication Date: 2022-10-04
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Richard E. Berl, Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
for defendant: Robert J. Valihura, Jr., Morton, Valihura & Zerbato, LLC, Greenville, DE; Bruce W. McCullough, Boddel Bove, LLC, Wilmington, DE; Eileen M. Ford, Ryan D. Kingshill, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE, for defendants.
Case Number: S21C-08-006 CAK
Court granted in part and denied in part motions to dismiss claims in a multiple party action arising out of insurance policy disputes due to an insured's property damage.
Publication Date: 2022-08-23
Practice Area: Administrative Law
Industry: Construction | State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger and Rodriguez, Dover, DE for plaintiff.
for defendant: John J. Ellis, Heckler and Frabizzio, Wilmington, DE for defendant.
Case Number: D69927
Court reversed Industrial Accident Board's decision and remanded the case to be dismissed due to the fact that the appeal was not justiciable and claimant did not seek further relief.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2021-08-04
Practice Area: Social Media
Industry: E-Commerce | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Sean J. Bellew, Bellew LLC, Wilmington, DE; Todd V. McMurtry, Jeffrey A. Standen, Hemmer DeFrank Wessels, PLLC, Fort Mitchell, KY; John P. Coale, Washington, DC for plaintiffs.
for defendant: Garvan McDaniel, Hogan McDaniel, Wilmington, DE; Craig Weiner, Reena Jain, Akeman LLP, New York, NY; Steven T. Margolin, Lisa Zwally Brown, Samuel L. Moultrie, Greenberg Traurig, LLP, Wilmington, DE; Michael J. Grygiel, Cynthia Neidl, Greenberg Traurig, LLP, Albany, NY; Michael Pusateri, Greenberg Trau-rig, LLP, Washington DC for defendants.
Case Number: D69490
The court dismissed plaintiffs' defamation, unfair competition and tortious interference claims because they failed to demonstrate that defendants' statements were false or made with actual malice.
Publication Date: 2021-04-28
Practice Area: Environmental Law
Industry: Agriculture | Food and Beverage
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Chase T. Brockstedt, Stephen A. Spence, Barid Mandalas Brockstedt, Lewes, DE; Philip C. Federico, Brent Ceryes, Schochor, Federico, and Staton, P.A., Baltimore, MD for plaintiffs.
for defendant: F. Michael Parkowski, Michael W. Teichman, Parkowski Guerke & Swayze, P.A., Wilmington, DE; Lisa C. McLaughlin, Todd L. Goodman, John C. Phillips, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; James R. Wedeking, Timothy K. Webster, Gordon D. Todd, Erika L. Maley, Daniel J. Hay, Sidley Austin, LLP, Washington, DC for defendants.
Case Number: D69376
Court approved class action settlement where, despite defendants' vigorous contesting of liability, plaintiffs and class counsel were able to secure a multi-million settlement on behalf of the class.
Publication Date: 2021-03-24
Practice Area: Land Use and Planning
Industry: Hospitality and Lodging | State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Nicholas G. Kondraschow, William Rhondunda, Rhondunda, Williams & Kondraschow, Wilmington, DE for petitioners.
for defendant: Scott Wilcox, Moore & Rutt, P.A., Wilmington, DE for respondent.
Case Number: D69338
Issues of fact precluded dismissal of petitioners' complaint for a writ of mandamus to enforce local zoning regulations.
Publication Date: 2020-05-27
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: John S. Spandaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; D. Andrew Hatchett, Tiffany Powers and Robert Poole, Alston & Bird, Atlanta, GA for defendants.
Case Number: D68994
Defendants' voluntary cessation of a business practice did not cause the parties' controversy to become moot, because defendants left open the possibility of returning to that practice in the future.
Publication Date: 2020-05-20
Practice Area: Regulation
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Benjamin A. Schwartz and Gwendolyn Osborn-Gustavson, Schwartz & Schwartz, Attorneys at Law, P.A., Dover, DE for appellant.
for defendant: Patricia A. Davis, Delaware Deputy State Solicitor, Dover, DE for appellee.
Case Number: D68984
Medical board did not err in revoking doctor's license where it expressly declined to rely on improper factual findings by hearing officer and where sufficient evidence existed to support finding that doctor engaged in inappropriate sexual relationship with a patient in exchange for opioid prescriptions.
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