Delaware Fourth Amendment Law

United States of America v. Shakira Martinez

Wilmington, Delaware criminal defense lawyer represented the Defendant charged with drug trafficking. A jury in the District of Delaware convicted Shakira Martinez of numerous money laundering offenses related to her involvement in a drug trafficking operation run by her husband and co-defendant Omar Morales Colon. The District Court sentenced Martinez to 108 months of imprisonment. After... More...

$0 (05-23-2025 - DE)

State of Delware v. John McCurdy </center

Wilmington, Delaware criminal defense lawyer represented the Defendant charged with possession of drugs. Legal issue Was the anonymous tip sufficiently corroborated to establish probable cause through a canine sniff detecting drugs in the defendant's storage unit? Headnote CRIMINAL LAW. FOURTH AMENDMENT SEARCH AND SEIZURE. The court addressed whether an anonymous tip regardin... More...

$0 (03-10-2025 - DE)

Elmer Daniels v. United States of America, et al.

Wilmington, Delaware personal injury lawyers represented the Plaintiff who sued the Defendants on Federal Tort Claim Act civil rights violation theories. <h2>The Complaint</h2> Plaintiff Elmer Daniels, by his undersigned attorneys, files this Complaint against the United States of America, Michael P. Malone, the City of Wilmington, Philip Saggione III, and John Does ... More...

$0 (12-11-2020 - DE)

Elmer Daniels v. United States of America, et al.

Plaintiff Elmer Daniels, by his undersigned attorneys, files this Complaint against the United States of America, Michael P. Malone, the City of Wilmington, Philip Saggione III, and John Does 1-10 for violating his rights and causing his wrongful incarceration. He alleges as follows: INTRODUCTION 1. In 1980, Elmer Daniels, an 18-year-old black male, was wrongfully convicted of ... More...

$0 (07-06-2023 - DE)

Rachel Delo Ache Williams v. Netflix, Inc.

Rachel DeLoache Williams has sued Netflix, Inc. for defamation based on Netflix's portrayal of Williams in its docudrama series Inventing Anna. D.I. 1 ¶ 1. Inventing Anna tells the story of Anna Sorokin, Williams's one-time friend who "conned the New York elite into believing that [Anna] was a German heiress.â€ D.I. 1 ¶ 28. Netflix, a Delaware corporation with its principal place of busines... More...

$0 (05-17-2023 - DE)

US Dominion, Inc., et al. v. Fox News Network, L.L.C.

Wilmington, Delaware commercial litigation lawyers represented Plaintiff that sued Defendant on a defamation theory. This was a civil action involving a defamation claim. Plaintiff alleged that Defendant, Fox News Network, published false and defamatory statements of fact about Dominion. Dominion Voting Systems sued Fox New claiming to have suffered $1.6 billion in damages as a ... More...

$787500000 (04-18-2023 - DE)

<H2> Debra R. Thompson v. State of Delaware Department of Services for Children, et al.

Wilmington, Delaware civil rights lawyers represented Plaintiff, who sued Defendants under 42 U.S.C. Â§ 1983 for violations of her right to due process and under state law against the State of Delaware Department of Services for Children, Youth and their Families ("DSCYFâ€) and several individual defendants after Thompson was demoted and eventually terminated from DSCYF. The District Court ... More...

$0 (08-22-2022 - DE)

United States of America v. Thomas E. Noble

Wilmington, Delaware criminal law lawyer represented defendant charged with possession of child pornography. A grand jury indicted Noble in February 2018 on one count of attempted receipt of child pornography by someone previously convicted of a child pornography offense, in violation of 18 U.S.C. Â§Â§ 2252(a)(2), 2252(b)(1) and 2256(2)(A), and one count of possession ... More...

$0 (08-02-2022 - DE)

United States of America v. Samuel Gulick

Wilmington, Delaware criminal defense lawyer represented defendant charged with fire-bombing a Planned Parenthood facility in Newark, Delaware in January 2020. Samuel Gulick, of Middletown, was for crimes associated with fire-bombing a Planned Parenthood facility in Newark, Delaware in January 2020. According to court documents and statements made in open court, at approximat... More...

$0 (03-13-2022 - DE)

United States of America v. Adrian Wood

<center><img width="600" src="https://www.ded.uscourts.gov/sites/ded/files/images/BLD2.jpg"></center> Wilmington, DE - The United States of America charged Adrian Wood, age 21, with engaging in a civil disorder that obstructed, impeded, or interfered with a law enforcement officer’s lawful duties. If convicted, Wood faces a statutory maximum punishment of up to five years in prison... More...

$0 (06-13-2020 - DE)

James R. Adams v. Governor of Delaware

<center> <img width="300" src="https://www.usmarshals.gov/district/de/locations/delaware.jpg"> </center> James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to... More...

$0 (04-10-2019 - DE)

Tamra N. Robinson v. First State Community Action Agency

<center> <img width="300" src="https://www.usmarshals.gov/district/de/locations/delaware.jpg"> </center> Tamra Robinson was told by her manager Karen Garrett that her work performance was so poor that “you either don’t know what you’re doing, or you have a disability, or [you’re] dyslexic.” Taking Garrett’s words seriously, Robinson, who had never before considered the... More...

$0 (04-01-2019 - DE)

Federal Trade Commission v. Shire Viropharma, Inc.

<center> <img width="300" src="http://www.ded.uscourts.gov/sites/default/files/BLD2.jpg"> </center> Shire ViroPharma, Inc. (“Shire”),1 manufactured and marketed the lucrative drug Vancocin, which is indicated to treat a life-threatening gastrointestinal infection. After Shire got wind that manufacturers were considering making generic equivalents to Vancocin, it inundated the ... More...

$0 (02-26-2019 - DE)

James R. Adams v. Governor of Delaware

<center> <img width="300" src="http://www.ded.uscourts.gov/sites/default/files/BLD2.jpg"> </center> James R. Adams is a resident and member of the State Bar of Delaware. For some time, he has expressed a desire to be considered for a judicial position in that state. Following the announcement of several judicial vacancies, Adams considered applying but ultimately chose not to beca... More...

$0 (02-06-2019 - DE)

T Mobile Northeast, LLC v. City of Wilmington, Delaware

<center> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg/300px-Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg.png"> <h2> <h2> </h2> </center> No one likes bad cell phone reception or slow streaming data on their smartphone, ... More...

$0 (01-10-2019 - DE)

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ <table> <td>

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mothe... More...

$0 (09-09-2018 - DE)

Marjo Alberto Lopez Garza v. Citigroup, Inc.

Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action 3 and files a second action against the same defendant based upon a claim asserted in the first action to pay the “costs” incurred by the defendant in the first action. The issue presented (one of first impression in this Court) is whether a district court may award a... More...

$0 (02-23-2018 - DE)

Brinckerhoff v. Enbridge Energy Company, Inc

The facts are drawn from the Complaint, the operative limited partnership agreements, other documents that are integral to the Complaint and matters of which the Court may take judicial notice. a. The Parties Plaintiff Peter Brinckerhoff (“Brinckerhoff” or “Plaintiff”), individually and as trustee of the Peter R. Brinckerhoff Rev. Tr. U.A. DTD 10/17/97 (the “Trust”)... More...

$0 (04-29-2016 - DE)

STATE OF DELAWARE v. LUIS REYES

The bodies of Brandon Saunders and Vaughn Rowe were discovered in a wooded area of Rockford Park in Wilmington, Delaware, on January 21, 1996. Nearly four years later, on December 6, 1999, Luis Reyes ("Reyes") and Luis Cabrera ("Cabrera") were indicted as co-defendants for the murders of Saunders and Rowe ("Rockford Park Murders").1 The State sought the death penalty for both Reyes and Cabrera in ... More...

$0 (03-13-2016 - DE)

Marino v. Patriot Rail Company LLC

The facts are drawn from the affidavits and supporting documents that the parties submitted in connection with their motions for summary judgment. The parties agreed in their briefs and at oral argument that there were no disputes of material fact that would affect the outcome. Pursuant to Court of Chancery Rule 56(h), the cross-motions therefore became “the equivalent of a s... More...

$0 (03-01-2016 - DE)

Franks v. State Of Delaware

In 1992 Jermaine Wright was convicted of Murder in the First Degree, Robbery in the First Degree, and related weapons offenses for his involvement in what was known as the Hi-Way Inn murder/robbery. The Superior Court imposed the death penalty for his conviction of Murder in the First Degree. Prior to trial, Wright moved to suppress a statement he had given to police. He alleged... More...

$0 (01-13-2016 - DE)

State of Delaware v. Turner

The issues before the Court involve Defendant’s Motion to Suppress evidence seized after his traffic stop and arrest. Defendant argues that the arresting officer lacked reasonable suspicion to stop Defendant’s vehicle. Defendant also argues that the arresting officer lacked probable cause to arrest Defendant and accordingly that the weapon and ammunition seized pursuant to a ... More...

$0 (01-09-2016 - DE)

Washington v. State Of Delaware

This 5th day of January, 2016, upon consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record below, it appears to the Court that: (1) The appellant, Michael K. Washington, filed this appeal from the Superior Court’s sentencing order for his sixth violation of probation (“VOP”). The State of Delaware has filed a motion to affirm the judgment bel... More...

$0 (01-06-2016 - DE)

Washington v. State Of Delaware

This 5th day of January, 2016, upon consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record below, it appears to the Court that: (1) The appellant, Michael K. Washington, filed this appeal from the Superior Court’s sentencing order for his sixth violation of probation (“VOP”). The State of Delaware has filed a motion to affirm the judgment bel... More...

$0 (01-06-2016 - DE)

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al.

In March 2011, two sophisticated investors (the “Walnut Investors”) acquired preferred units in PECO Logistics, LLC (“PECO” or the “Company”) and became parties to an LLC agreement that afforded them the voluntary right to sell their preferred units back to PECO three years later (the “Put Right”). The LLC agreement provides that, upon exercise of the Put Right... More...

$0 (01-01-2016 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources & Environmental Control, et al.

The Plaintiff filed his Verified Complaint on October 11, 2012. The Complaint alleged seven counts against the Defendants: Count I alleges that DNREC violated numerous statutes to illegally build the Turbine; Count II alleges that the City violated statutes and zoning ordinances to illegally issue the Building Permit; Counts III and IV allege violations of the Delaware Freedom... More...

$0 (01-01-2016 - DE)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖) for a limited purpose. After raising money from investors, the Partnership would purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial public offering. Preferably once Facebook had completed a successful IPO, the Partnership would distribute to its in... More...

$0 (12-20-2015 - DE)

Thomas v. State Of Delaware

This 17th day of December 2015, upon consideration of the appellant’s Supreme Court Rule 26(c) brief, his attorney’s motion to withdraw, and the State’s response thereto, it appears to the Court that: (1) After a two-day jury trial in January 2015, the defendant-appellant, Jeffrey Thomas, was convicted of Burglary in the Second Degree, Theft of a Motor Vehicle, Theft, and Conspiracy in the S... More...

$0 (12-20-2015 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once part of a planned, but never used, industrial park owned by the University of Delaware. The land was acquired from the University by the State Department of Natural Resources and Environmental Control (“DNREC”), ... More...

$0 (12-01-2015 - DE)

Mary L. Rinnier v.Gracelawn Memorial Park Inc., et al

These are the facts as I find them after trial. The petitioner, Mary L. Rinnier (―Ms. Rinnier‖), is the mother of Laura Bowdoin (―Mrs. Bowdoin‖). Mrs. Bowdoin, who was married to the respondent, George Bowdoin (―Mr. Bowdoin‖), died in Pasco County, Florida on June 19, 2008. Mr. and Mrs. Bowdoin had one daughter, B., who was twelve at the t... More...

$0 (11-24-2015 - DE)

Aaron Houseman and Nancy Houseman v. Eric S. Sagerman, et al.

In 1996, Nancy Houseman and her husband Aaron Houseman (together the ―Housemans‖) formed Med-Legal, Inc.,2 which they sold to Universata, Inc. (―Universata,‖ or the ―Company‖) in 2006 for a seven-year stream of payments totaling approximately $9 million.3 In 2009, after the Company had difficulty making their payments, the Housemans and Uni... More...

$0 (11-20-2015 - DE)

RAYMOND EXPRESS INTERNATIONAL, LLC v. USA

This protest poses four principal questions. First, did the somewhat imprecise identification of the business entity in MPG’s proposals invalidate the contract award to MPG? Second, were MPG’s “business references” proper sources of past performance data for MPG? Third, did DeCA rate and weigh the past performance data for MPG and IDI as required by the evaluation scheme set forth in th... More...

$0 (11-18-2015 - DE)

Ortiz v. State of Delaware

This 5th day of November 2015, upon consideration of the appellant Carlos Ortiz’s opening brief, the appellee’s motion to affirm,1 and the record below, it appears to the Court that: (1) The appellant, Carlos Ortiz, filed this appeal from the Superior Court’s order denying his sixth motion for postconviction relief under Superior Court Criminal Rule 61 (“Rule 61”). T... More...

$0 (11-07-2015 - DE)

State of Delaware v. Marvin Holmes

On December 3, 2012, a grand jury indicted Marvin Holmes on a single count of Escape in the Second Degree under 11 Del. C. § 1252. The State dismissed the charge of Escape in the Second Degree, and a grand jury re-indicted Holmes on a single count of Escape After Conviction under 11 Del. C. § 1253 on April 15, 2013. Prior to trial, Holmes filed a pro se Motion for Change of ... More...

$0 (11-04-2015 - DE)

Finger Lakes Capital Partners, LLC v. Honeoye Lake Acquisition, LLC, et al

Plaintiff Finger Lakes Capital Partners, LLC (“Finger Lakes”) is a small and struggling asset management firm. Over the course of a decade, Finger Lakes sponsored investments in five portfolio companies. Each time, Finger Lakes formed a different Delaware limited liability company as a special purpose vehicle for the investment. Non-party Lyrical Partners, L.P. (“Lyrical�... More...

$0 (10-27-2015 - DE)

State of Delaware v. Atkinson

This 23rd day of October, 2015, upon consideration of Defendant’s Motion for Postconviction Relief, it appears to the Court that: 1. On March 25, 2015, this Court accepted Michael J. Atkinson’s (“Defendant”) guilty plea for Assault First Degree and Possession of a Deadly Weapon during the Commission of a Felony. On June 24, 2015, Defendant was sentenced to 25 years at Level V, suspen... More...

$0 (10-26-2015 - DE)

In re Genelux Corporation

Plaintiff Genelux Corporation (the ―Company‖) is a privately held, clinical stage biopharmaceutical company incorporated in Delaware and headquartered in San Diego, California, with additional operations in Germany. Intervenor, Dr. Aladar Szalay, along with Dr. Douglas Will and Dr. John Thomas (together, the ―Founders‖), founded Genelux around 2001. In... More...

$0 (10-22-2015 - DE)

Merion Capital LP and Merion Capital II LP v. BMC Software, Inc.

BMC is a software company—one of the largest in the world at the time of the Merger—specializing in software for information technology (―IT‖) management.3 Specifically, BMC sells and services a broad portfolio of software products designed to ―simplif[y] and automate[] the management of IT processes, mainframe, distributed, virtualized and cloud computin... More...

$0 (10-21-2015 - DE)

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over 900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three depositions. The following facts were proven by a preponderance of the evidence. Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, ... More...

$0 (10-20-2015 - DE)

In re TIBCO Software Inc. Stockholders Litigation

This decision is round two of an action in which a stockholder of TIBCO Software Inc. challenges the per-share consideration that a private equity fund (“Vista”) agreed to pay to acquire TIBCO in a merger that closed on December 5, 2014. The merger agreement provided for stockholders to receive $24 per share. Based on the number of fully diluted shares of TIBCO outstandin... More...

$0 (10-20-2015 - DE)