continuing violation (Delaware) · Go Syfert
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continuing violation in Delaware

6 Delaware opinions name it 3 courts 2015–2024 1 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Eileen Cowell v. Palmer Townshipgreen
ca3 · 2001 · cited in 2 Delaware opinions naming this issue, 2016–2016
2 sentences

2016Pa. Jan. 27, 2014), aff’d sub nom., Gould v. Borough, 615 F. App’x 112 (3d Cir. 2015); see, e.g., Cowell v. Palmer Twp., 263 F.3d 286 (3d Cir. 2001); Centifanti v. Nix, 865 F.2d 1422 (3d Cir. 1989); Burnette v. City of Phila., 2003 WL 21293682 , at *2 (E.D.

2016Pa. Jan. 27, 2014), aff’d sub nom., Gould v. Borough, 615 F. App’x 112 (3d Cir. 2015); see, e.g., Cowell v. Palmer Twp., 263 F.3d 286 (3d Cir. 2001); Centifanti v. Nix, 865 F.2d 1422 (3d Cir. 1989); Burnette v. City of Phila., 2003 WL 21293682 , at *2 (E.D.

22
Ortega v. Housing Authority of City of Brownsvillegreen
txsd · 2008 · cited in 1 Delaware opinions naming this issue, 2015–2015
1 sentence

2015Respondents bear the burden of proof under a continuing violations doctrine.34 In order to avail themselves of this doctrine, Respondents must demonstrate “„an organized scheme leading to and including a present violation, such that it is the cumulative effect of the discriminatory practice, rather than any discrete occurrence, that gives rise to the cause of action.‟”35 The limited record in this case indicates that Respondents were denied their initial request for the extension of their fence on July 7, 2011.36 A renewed request was made after the initiation of this litigation. i.e., after F

11
Sentell v. RPM Management Company, Inc.green
ared · 2009 · cited in 1 Delaware opinions naming this issue, 2015–2015
1 sentence

2015Respondents bear the burden of proof under a continuing violations doctrine.34 In order to avail themselves of this doctrine, Respondents must demonstrate “„an organized scheme leading to and including a present violation, such that it is the cumulative effect of the discriminatory practice, rather than any discrete occurrence, that gives rise to the cause of action.‟”35 The limited record in this case indicates that Respondents were denied their initial request for the extension of their fence on July 7, 2011.36 A renewed request was made after the initiation of this litigation. i.e., after F

11
Garcia v. Brockwaygreen
ca9 · 2008 · cited in 1 Delaware opinions naming this issue, 2015–2015
1 sentence

2015Rather, they agree that the retaliatory act, if any, was the 20 See Havens, 455 U.S. at 380 (noting that staleness of claims is of lesser concern in cases where ongoing violations are occurring). 21 Garcia, 526 F.3d at 462 (emphasis added). 22 Moseke, 202 F.Supp.2d at 504–05. 10 commencement—the filing—of the suit.

11
Havens Realty Corp. v. Colemangreen
scotus · 1982 · cited in 1 Delaware opinions naming this issue, 2015–2015
1 sentence

2015Rather, they agree that the retaliatory act, if any, was the 20 See Havens, 455 U.S. at 380 (noting that staleness of claims is of lesser concern in cases where ongoing violations are occurring). 21 Garcia, 526 F.3d at 462 (emphasis added). 22 Moseke, 202 F.Supp.2d at 504–05. 10 commencement—the filing—of the suit.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Centifanti v. Nix green
ca3 · 1989
2 sentences

2016Pa. Jan. 27, 2014), aff’d sub nom., Gould v. Borough, 615 F. App’x 112 (3d Cir. 2015); see, e.g., Cowell v. Palmer Twp., 263 F.3d 286 (3d Cir. 2001); Centifanti v. Nix, 865 F.2d 1422 (3d Cir. 1989); Burnette v. City of Phila., 2003 WL 21293682 , at *2 (E.D.

2016Pa. Jan. 27, 2014), aff’d sub nom., Gould v. Borough, 615 F. App’x 112 (3d Cir. 2015); see, e.g., Cowell v. Palmer Twp., 263 F.3d 286 (3d Cir. 2001); Centifanti v. Nix, 865 F.2d 1422 (3d Cir. 1989); Burnette v. City of Phila., 2003 WL 21293682 , at *2 (E.D.

22016–2016
David Gould, III v. Council of Bristol Borough green
ca3 · 2015
2 sentences

2016Pa. Jan. 27, 2014), aff’d sub nom., Gould v. Borough, 615 F. App’x 112 (3d Cir. 2015); see, e.g., Cowell v. Palmer Twp., 263 F.3d 286 (3d Cir. 2001); Centifanti v. Nix, 865 F.2d 1422 (3d Cir. 1989); Burnette v. City of Phila., 2003 WL 21293682 , at *2 (E.D.

2016Pa. Jan. 27, 2014), aff’d sub nom., Gould v. Borough, 615 F. App’x 112 (3d Cir. 2015); see, e.g., Cowell v. Palmer Twp., 263 F.3d 286 (3d Cir. 2001); Centifanti v. Nix, 865 F.2d 1422 (3d Cir. 1989); Burnette v. City of Phila., 2003 WL 21293682 , at *2 (E.D.

22016–2016
Steel Co. v. Citizens for a Better Environment green
scotus · 1998
1 sentence

2024But for the same reasons discussed above, relief in the form of FSO’s requested declaratory judgment would do nothing to “discontinue” the effect of any uncorrected denials. 114 Steel Co., 523 U.S. at 109–110 (“Because respondent alleges only past infractions of EPCRA, and not a continuing violation or the likelihood of a future violation, injunctive relief will not redress its injury. . . .

12024–2024
Cincinnati Insurance v. Grand Pointe, LLC green
tned · 2007
2 sentences

2018Grana’ Pointe, 501 F. Supp. 2d at 1 169 (“[the insured] accepted [the insurer’s] offer of a defense subject to a reservation of rights by allowing [the insurer] to fund the continuing defense.”).

2018And just like the defendant-insured there, here “[d]efendants have presented no evidence they told [the insurer] to cease payment of defense costs or told [the insurer] to make an election as to whether to defend under a reservation of rights or refuse to defend.” Ia'. 43 Pl.’s Mot. ja 44 Id. 45 1a arj 13. _12_ should exercise the discretion permitted to it under the law and refuse such an award.46 “The recovery of prejudgment interest in Delaware is a matter of substantive law.”47 Tennessee’s trial courts are permitted “considerable discretion when determining whether to award prejudgment int

12018–2018
Moseke v. Miller and Smith, Inc. green
vaed · 2002
1 sentence

2015Rather, they agree that the retaliatory act, if any, was the 20 See Havens, 455 U.S. at 380 (noting that staleness of claims is of lesser concern in cases where ongoing violations are occurring). 21 Garcia, 526 F.3d at 462 (emphasis added). 22 Moseke, 202 F.Supp.2d at 504–05. 10 commencement—the filing—of the suit.

12015–2015

Where else courts name it

CA 155 (1941–2026) NY 113 (1910–2026) TX 101 (1960–2025) IL 91 (1910–2026) NJ 86 (1971–2026) MA 60 (1971–2025) PA 49 (1932–2026) NC 32 (1969–2025) AL 30 (1984–2023) WA 30 (1984–2026) OH 25 (1995–2026) MD 24 (1972–2021) CT 24 (1987–2024) MO 22 (1980–2025) FL 21 (1974–2025) MN 21 (1983–2025) MI 19 (1972–2024) IA 18 (1990–2021) GA 18 (1940–2024) DC 17 (1980–2020) TN 17 (1995–2026) LA 16 (1979–2019) WV 14 (1981–2025) WI 13 (1924–2026) VA 12 (1999–2025) CO 12 (1989–2026) VT 11 (1996–2026) OK 11 (1916–2014) ME 9 (1996–2025) WY 8 (1939–2000) NM 8 (1995–2018) AZ 8 (2008–2021) KS 7 (1980–2025) NH 7 (2006–2016) OR 7 (1977–2023) DE 6 (2015–2024) IN 6 (1984–2023) RI 6 (2005–2026) MS 6 (1940–2018) ID 5 (1984–2008) AK 5 (1994–2022) MT 5 (1999–2022) NE 4 (1929–2007) VI 4 (2005–2024) SD 4 (1980–2000) KY 4 (1992–2023) SC 3 (2015–2018) UT 2 (1992–2019) ND 2 (2009–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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