• State of Delaware, Dep't of Fin. v. AT&T Inc.

    Publication Date: 2021-06-16
    Practice Area: Administrative Law
    Industry: State and Local Government | Technology Media and Telecom
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Melanie K. Sharp, Martin S. Lessner, Mary F. Dugan, Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
    for defendant: Brian M. Rostocki, Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Sara A. Lima, Reed Smith LLP, Philadelphia, PA for defendant.

    Case Number: D69437

    Where defendant made a particularized showing regarding an improper purpose in connection with an agency's issuance of a governmental subpoena, the court was entitled to request further submissions before deciding the matter.

  • Napolitano v. Town of Fenwick Island

    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.

  • Keep Our Wells Clean v. Delaware Dep't of Natural Res. & Envt'l Control

    Publication Date: 2020-12-30
    Practice Area: Environmental Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Kenneth T. Kristl, Environmental & Natural Resources Law Clinic, Widener University Delaware Law School, Wilmington, DE for appellants.
    for defendant: Devera B. Scott, Kayli H. Spialter, Department of Justice, Dover, DE; R. Judson Scaggs, Jr., Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for appellees.

    Case Number: D69239

    Wastewater treatment facility applicant was not required to submit new reports required under revised regulations where it submitted application to amend existing permit issued prior to adoption of the revised regulations, and DNREC determined, in its discretion, the proposed changes were not substantial enough to require a new permit.

  • Knights of Columbus Star of the Sea Council 7297 v. City of Rehoboth Beach

    Publication Date: 2020-12-30
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michael P. Morton, Robert J. Valihura, Jr., David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE; Christopher DiPompeo, Kaytlin L. Roholt, Jones Day, Washington, DC; Roger Byron, First Liberty Institute, Plano, TX for plaintiff.
    for defendant: Max B. Walton, Lisa R. Hatfield, Brandon R. Harper, Connolly Gallagher LLP, Newark, DE; Daniel A. Griffith, Whiteford Taylor & Preston LLC, Wilmington, Delaware for defendants.

    Case Number: D69240

    Preliminary injunction on city policy banning private displays on public property denied where city revised the policy to address plaintiff's concerns and plaintiff did not challenge the revised policy.

  • Donald M. Durkin Contracting., Inc. v. City of Newark

    Publication Date: 2020-11-25
    Practice Area: Contracts
    Industry: Construction | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Paul A. Logan for plaintiff.
    for defendant: Max B. Walton for defendant.

    Case Number: D69199

    Motion for sanctions and contractual indemnification denied where there was no evidence of vexatious or harassing litigation conduct and moving party failed to follow contractual obligation to submit a demand for indemnification.

  • Donald M. Durkin Contracting., Inc. v. City of Newark

    Publication Date: 2020-10-21
    Practice Area: Litigation
    Industry: Construction | Legal Services | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Paul A. Logan for plaintiff.
    for defendant: Max B. Walton for defendant.

    Case Number: D69160

    Reargument on motion to dismiss declaratory judgment suit denied where plaintiff asserted no new facts or law to change the court's determination that the parties' settlement agreement did not obligate defendant to cooperate in plaintiff's separate action against defendant's counsel.

  • Overstock.com, Inc. v. State of Delaware ex rel. French

    Publication Date: 2020-07-08
    Practice Area: Whistleblower Laws
    Industry: E-Commerce | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Michael P. Kelly, Matthew J. Rifino, Hayley J. Reese and Matthew Wright, McCarter & English, LLP, Wilmington, DE and Washington, DC for Overstock.com, Inc.
    for defendant: Thomas E. Brown, Edward K. Black and Stephen G. McDonald, Deputy Attorney Generals, Wilmington, DE for the state. Laina M. Herbert and Vivek Upadhya, Grant & Eisenhofer, Wilmington, DE for plaintiff French.

    Case Number: D69045

    The failure to file a statement regarding expired gift cards with the state escheat office did not amount to a false statement under the Delaware False Claims and Reporting Act. Reversed.

  • Cuppels v. Mountaire Corp.

    Publication Date: 2020-04-29
    Practice Area: Environmental Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Chase T. Brockstedt and Stephen A. Spence, Baird Mandalas Brockstedt, Lewes, DE for plaintiff.
    for defendant: Devera B. Scott and William J. Kassab, Department of Justice, Dover, DE for non-party movant.

    Case Number: D68960

    Plaintiffs alleging injury from environmental violations were entitled to subpoena records from the Delaware Department of Natural Resources relating to its settlements with the defendants in plaintiffs' injury action.

  • Washington v. Delaware Transit Corp.

    Publication Date: 2020-03-18
    Practice Area: Occupational Safety and Health
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Michael I. Silverman and Adrienne McDonald, Silverman McDonald & Friedman, Wilmington, DE for claimant.
    for defendant: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for employer.

    Case Number: D68917

    The court erred in affirming a finding by the Industrial Accident Board that claimant was not permanently impaired based on the outcome of a temporary disability proceeding. Reversed and remanded, because claimant was entitled to the opportunity to present his evidence at a permanent impairment hearing.

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

    Publication Date: 2020-03-04
    Practice Area: Environmental Law
    Industry: Chemicals and Materials | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Ralph K. Durstein III, Department of Justice, Dover, DE for appellant.
    for defendant: John W. Paradee, Daniel F. McAllister, Stephen A. Spence, and Brian V. DeMott, Baird Mandalas Brockstedt, LLC, Dover, DE for appellee.

    Case Number: D68895

    Department of Natural Resources and Environmental Control's cease and desist powers could order a property owner to remove an environmentally-contaminating pile of waste, where the mere presence of the pile constituted an environmental violation and therefore removal of the pile would be required to cease and desist the violation.