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  • Hilaly v. Allen

    Publication Date: 2019-06-18
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Justice Quinn
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CUD-17-658964

    Tenant's responses to realtor's questionnaire not determinative of tenant's leasehold rights

  • 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.

  • Commonwealth v. Allen

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0386

    The constable who detained defendant on suspicion of driving under the influence acted within his common law powers to detain defendant based on an in-presence breach of the peace since defendant's conduct - driving at a high rate of speed and going over the embankment while under the influence - constituted a "breach of the peace" as understood at common law. The appellate court affirmed defendant's judgment of sentence.

  • 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.

  • Commonwealth v. Shreffler

    Publication Date: 2019-01-15
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0023

    Commonwealth bore burden to unseal supporting documents for wiretap intercept demonstrating consent to be recorded and an affidavit of probable cause, and to disclose such documents to defendant before trial; the failure to comply with this statutory requirement warranted reversal of denial of suppression motion. Judgment of sentence vacated, case remanded.

  • Denning v. Town of Plainfield

    Publication Date: 2019-01-07
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Connecticut Superior Court, Windham J.D., at Putnam
    Judge: Judge Cole-Chu
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV17-6011111

    Governmental Immunity Barred Claims Based on Animal Control Officer's Alleged Breach of Discretionary Duties

  • Allen v. Hartford/Windsor Healthcare Prop., LLC

    Publication Date: 2018-12-10
    Practice Area: Landlord Tenant Law | Premises Liability
    Industry: Health Care
    Court: Connecticut Superior Court, J.D. of Hartford at Hartford
    Judge: Judge Noble
    Attorneys: For plaintiff:
    for defendant:
    Case Number: HHD CV 18-6090774

    Court Grants Motion for Summary Judgment in Slip and Fall Dispute on Basis that Property Owner That Leased Property to Third-Party Health Care Operator Had Surrendered Duty to Maintain Sidewalk

  • Allen v. Saleem

    Publication Date: 2018-09-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Connecticut Superior Court, New Haven J.D., at New Haven
    Judge: Judge Wilson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV18-6076791

    Opinion Letter Failed to Establish That Author Was Similar Health Care Provider

  • Hornberger v. Dave Gutelius Excavating, Inc.

    Publication Date: 2018-01-16
    Practice Area: Corporate Entities
    Industry: Construction
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0021

    Shareholders agreements inclusion of mandatory adjustments to valuation of employee share redemption price did not preclude application of accounting industry standard adjustments and discounts. Judgment affirmed.