Category Archives: Litigation

First State Animal Shelter/SPCA Proposes Public Contract Extensions

Controversy Remains By: Wolf von Baumgart, Staff Writer In an apparent change of strategy, First State Animal Shelter/SPCA Director, Kevin Usilton, has proposed a one-year extension (to June 30, 2016) of all public animal control contracts in Delaware after previously announcing that they would be terminated by September 15, 2015. Currently, about 40 FSAS/SPCA animal control officers and other employees are scrambling to find new jobs in anticipation of the termination, as the State of Delaware moves to assume direct administration of animal control functions through the Office of Animal Welfare. Annual FSAC-SPCA annual contracts ranged as follows: Sussex County ($682,616), Kent County ($895,041.12), New Castle County ($1,035,000), Wilmington ($600,000), City of Dover ($40,000) and the Delaware Department of Public Health for rabies ($275,520) and cruelty reimbursement of ($106,000); Read more

Saga of “Millie” Continues

by: Wolf von Baumgart, Staff Writer The Dog Panel hearing in the Jake and Nancy Smith case, involving their pet, "Millie" is scheduled for 7 p.m., Monday, April 13 in the Sussex County Council Chambers, located on 2 The Circle in Georgetown, DE according to a 4/7/15 article in the Cape Gazette. "Millie", a white and brown Jack Russell Terrier mix, alleged to be a dangerous animal by a few of Smith's neighbors, is reportedly being held incommunicado at the First State Animal Shelter, located on 32 Shelter Circle, Camden, DE 19934. We are unable to confirm this due to a judicial gag order, issued in this case. The panel is charged with determining the dog's ultimate fate, up to and including possible euthanasia. Read more

** UPDATE ** Smith v. SPCA

By: Wolf von Baumgart, Staff Writer A judicial gag order has been issued on all parties concerned in the case of litigation of John "Jake" and Nancy Smith (plaintiffs) against Delaware Animal Care and Control, filed in Delaware Superior Court over possible illegal impoundment of their dog, "Millie" under guise of authority. Attorney John Brady, representing the Smiths contends that the 1981 state statute that excluded Sheriffs and Sheriff's Deputies from certification as police offices by the Delaware Council on Police Training also did not include animal control officers as police officers. The litigation essentially argues that only sworn and certified police officers can legally execute arrest and search and seizure warrants under the present Delaware Code, Title 11, Chapter 19. Both Kent and Sussex Counties have contracted animal control services with the First State Animal Read more

Baltimore Runs afoul Archdiocese

As we predicted, Baltimore, MD is being sued for its silly ordinance requiring Crisis Pregnancy Centers to prominently post signs saying what they do not offer.  The city now requires the centers to post that they do not offer birth control and abortion or referrals.    The statement is not even true as a lot of them train for what I have found to be highly effective, Natural Family Planning. The great part about natural family planning is that it helps both ways and without polluting the body with chemicals.

As I predicted– Kent Lost before Supreme Court

This has been a good week for my predictions, a bad one for taxpayers. Our state supreme court ruled for Tony Ashburn, who was developing the Johnson Farm near Kenton in Kent County Delaware.. The problem was that the law used to deny him was applied retroactively. Anyone should know that this was unconstitutional. It would be like asking someone if they went 50 miles per hour down a stretch of road last week. When they say yes, fine them because the speed limit was changed this morning. Some of us said that this high handed action would cost taxpayers a mint in legal fees plus damages. Mr. Angel and company scoffed at it a couple of years ago. Who was right? This opens the door to all similar cases. I feel for my fellow Kent County taxpayers. “I think ultimately the case is good for every property owner because if you want to do something with your property — be Read more

Lindsay Lohan Sues E-Trade

I have nothing against Lindsay Lohan, she is a troubled but talented individual who I hope finds her way. I do have a larger problem with the attorney or attorneys who are feeding her (and others) delusional paranoia. She is suing E-Trade for 100 million dollars because baby Lindsay is a milkaholic and she is an alcoholic. The baby Lindsay stole boys. She steals boyfriends. She says the ad was modeled on her and used her first name therefore she should be paid. She claims Lindsay is so associated with her that when the name is mentioned she is the person that is thought about. It is like Oprah or Madonna. Leaving aside her grandeur, what attorney did not explain to her that the High Court has ruled that parody is a free speech. People are allowed to poke fun at you without paying off to you. E-trade is laughing this off. It just revives the buzz around the commercial. The Read more

While we were looking at the budget– a radical agenda continued

While we were looking at the budget,  our friends at the Delaware Family Policy Council also paid attention to the senate.  We all know that illegal activity at abortion mills is forbidden under FACE (Freedom of Access to Clinic Entrances).  Last night, the radicals decided to go after legal education and free speech.  This bill needs to die.  It is about view point discrimination.  It creates a free speech bubble that does not apply to any other group.  Blocking an entrance is already illegal regardless of the business, this bill specifically targets free speech activities. From Jordan Warfel Last night, the Delaware State Senate voted to pass S.B.169, a bill that threatens pro-lifers right to free speech.  In yet another act of defiance toward the public, they voted to pass the bill without a committee hearing or any time for the public to view the bill or voice their concerns. You Read more

Litigation Specialist Suing Over Gender Discrmination at a Breast Cancer Awareness Event

I am not kidding. A male attorney makes a hundreds-of-miles trip to purposely put himself into a womens'-geared promotion for Breast Cancer Awareness and turns around and sues for gender discrmination. Apparently he's close to a half-million+ dollar settlement. My wife was almost was killed in 2005 by a negligent *itch who passed people on a curve, over a double-yellow, and hit her head-on at over 50MPH. We were "awarded" 30k before 33% + fees + subrogation. We are almost now at over $60k in medical bills plus massive financial problem that resulted from it. The insurance company was allowed to argue that a child we had two years later was to blame for the on-going medical issues. FTR, my wife had zero complications around the birth of that child. Yeah, tort law is totally effing fair. 👿 Here is the article on the litigation specialist. Prepare to puke. Read more