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  • State v. Allen

    Publication Date: 2024-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Amanda D. Buckworth, Deputy Attorney General, Department of Justice for plaintiff.
    for defendant: Herbert W. Mondros, Rigrodsky Law, P.A., Wilmington, DE for defendant.
    Case Number: 1510018545A

    Court ruled evidentiary hearings were necessary to resolve postconviction relief claims alleging trial counsel's ineffectiveness for failing to call witnesses who would contradict the complaining witness and whether the state committed a Brady violation by concealing knowledge of an alleged non-prosecution promise to the complaining witness.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2023-09-18
    Practice Area: Employment Litigation
    Industry: Health Care | Legal Services
    Court: Delaware Superior Court
    Judge: District Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Delia A. Clark, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: N20C-08-186 FWW

    Court reduced employment discrimination plaintiff's proposed attorney's fee award on grounds that plaintiff had mixed success on her claims and her counsel appeared to have overstaffed the case since it did not involve complex or novel issues.

  • Anderson v. GI Assoc. of Delaware, P.A.

    Publication Date: 2022-09-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, Wilmington, DE for plaintiffs.
    for defendant: Lorenza A. Wolhar, Bradley J. Goewert, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D69948

    Court denied defendant doctor's motion to dismiss petition arising out of a wrongful death case for a patient.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2022-08-02
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: D69908

    Pregnancy discrimination and wrongful termination claims were not dismissed where the lack of a disciplinary record could permit an inference of a nexus between employee's pregnancy and maternity leave and employer's decision to terminate.

  • Igo v. ACTS Ret. Life Cmtys.

    Publication Date: 2021-01-20
    Practice Area: Administrative Law
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for claimant.
    for defendant: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for employer.
    Case Number: D69265

    A determination by the Unemployment Insurance Appeals Board that claimant was terminated for just cause was not supported by substantial evidence, and the board's decision also contained other legal errors.

  • Pumphrey v. Allen Harim Foods

    Publication Date: 2019-09-11
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Timothy D. Pumphrey, Lincoln, DE, pro se appellant.
    for defendant: Daniel C. Mulveny and Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68700

    The Unemployment Insurance Appeals Board properly affirmed a referee's decision, because the claimant failed to timely file his appeal. Affirmed.

  • Protect Our Indian River v. Sussex County Bd. of Adjustment

    Publication Date: 2019-05-29
    Practice Area: Land Use and Planning
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Andrea G. Green, Law Office of Andrea G. Green, Millsboro, DE for petitioners
    for defendant: Robert G. Gibbs and R. Eric Hacker, Morris James LLP, Georgetown, DE for respondents
    Case Number: D68576

    Special use exception application properly granted where applicant presented sufficient documents and testimony to permit the local board of adjustment to conclude applicant had met the requirements for a special use exception and where the board found petitioners' objections outweighed for not being directly connected to the proposed facility.

  • Dunfee v. KGL Holdings Riverfront, LLC

    Publication Date: 2019-05-15
    Practice Area: Wrongful Death
    Industry: Financial Services and Banking | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Gary S. Nitsche, William R. Stewart, III, and Rachel D. Allen, Weik Nitsche & Dougherty, LLC, Wilmington, DE; Joseph J. Rhoades, Rhoades & Morrow, LLC, Wilmington, DE; Martin C. Meltzer, Law Office of Martin C. Meltzer, Wilmington, DE for plaintiffs.
    for defendant: Catherine A. Gaul and Aaron P. Sayers, Ashby Geddes, P.A., Wilmington, DE; Mary E. Sherlock and Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, Wilmington, DE; Elizabeth C. Grabey, McGivney, Kluger & Cook, P.C., Wilmington, DE; Christina M. Belitz, Polsinelli PC, Wilmington, DE; Michael J. Logullo, Rawle & Henderson, LLP, Wilmington, DE; Johan A. Elzufon, Elzufon Austin & Mondell, P.A., Wilmington, DE; Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE for defendants.
    Case Number: D68559

    Wrongful death claim not dismissed where plaintiffs could impose liability on defendants who conducted assessment of apartment complex's boiler system when the building's owner allegedly relied upon the assessment to not undertake repairs or replacement of the boiler.

  • Brown v. City of Wilmington

    Publication Date: 2019-01-23
    Practice Area: Health Care Law | Labor Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Gary S. Nitsche and Rachel D. Allen, Weik, Nitsche & Dougherty, LLC, Wilmington, DE, for plaintiffs.
    for defendant: Lauren A. Cirrinicione and Kelley M. Huff, Murphy & Landon, Wilmington, DE for defendant.
    Case Number: D68431

    Retired firefighters' claims for denial of health insurance benefits pursuant to municipal personnel policy denied where employer had not made specific determination that their disabilities arose from hot pursuit or emergency situation and where policy could not apply retroactively to firefighters who retired prior to policy adoption.

  • State v. Allen-Anderson, DEFAX Case No. D67727 (Del.Super. May 2, 2017), Rocanelli, J. (13 pages).

    Publication Date: 2017-05-17
    Practice Area: Employment Compliance | Employment Litigation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge:
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D67727

    Employer's petition to terminate partial disability benefits properly denied where employer failed to present evidence demonstrating a change, since the prior board decision, in employee's condition