School is out and the hot temps have hit the beaches and the Bay. And because Independence Day falls on a Wednesday this year, we all get our choice of which long weekend we should take! Wherever this Independence Day finds you, we hope you are with friends and family and enjoy yourself (within the limits of the law, of course). Please, if you are going to drink, don’t drive. It’s a fair assumption that law enforcement is well poised for the next week and a half of celebrations.
Please make a note of course that uor offices as well as Delaware Courts will be closed on Wednesday, July 4th in observance of the Independence Day holiday.
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This Memorial Day Weekend, we remember and recognize generations of men and women who have given their lives in service to our nation and our way of life. For those brave members of our military and their families left to deal with the loss, it is a debt that cannot ever be repaid, and this weekend we honor their service and their sacrifice to our country.
Thank you.
This weekend also marks the unofficial start of summer. We hope all of our friends around the area have a safe weekend by the water, ball field or backyard BBQ as we kick off the summer season.
Please note that Delaware Courts will be closed on Monday, May 28th as will our offices at Giordano, DelCollo, Werb & Gagne. We will open at our regular hours on Tuesday, May 29th.
Read MoreAll of us at GDWG invite you to join us this Saturday, April 28th at the Hotel duPont for the Delaware Hope Ball which benefits the Delaware Chapter of the JDRF! JDRF is the leading global organization funding type 1 diabetes (T1D) research. JDRF works every day to change the reality of this disease for millions of people—and to prevent anyone else from ever knowing it—by funding research, advocating for government support of research and new therapies, ensuring new therapies come to market and connecting and engaging the T1D community.
Giordaano, DelCollo, Werb & Gagne, LLC is proud to stand with the Delaware Chapter of the JDRF and we look forward to seeing all of our friends and partners from across the many communities where we live and serve. It’s not too late to participate! There are still opportunities to join us as an attendee, offer an item for auction or donate.
We would like to thank all of our friends who have already contributed their efforts, resources and yes, money. Again, we look forward to seeing all of you this Saturday for this great event!
Read MoreA few weeks ago, in the days leading up to the St. Patrick’s Day weekend, as it often does, our firm’s Facebook page posted best wishes for a happy and safe holiday and even included a link to an article announcing a statewide effort to crack down on DUI over the holiday weekend. In fact, if you read local news or listened to it on the radio, you would have noticed that this effort was well publicized by agencies well in advance of the holiday. And yet…
Statewide DUI checkpoints conducted on St. Patrick’s Day nabbed 15 impaired drivers. From a News Journal article on the subject:
That has Delaware officials touting how their media campaigns have helped draw attention to the avoidable hazard that federal authorities say kills about 29 people a day in America.
“Due to extensive media coverage, lives were saved because, we believe, people heeded and spread the message, and made safe choices,” said Mitch Topal, Delaware Office of Highway Safety’s marketing specialist and spokesman.
In addition to the 15 DUI arrests, the March 17 efforts nabbed 68 traffic arrests or citations for other infractions, including 16 drug arrests and the apprehension of one wanted person.
As attorneys, we absolutely feel that all of the accused are innocent until proven guilty in a court of law. We would like to remind folks celebrating a holiday or any day that there are options too numerous to count for a safe transportation alternative after one has been consuming alcohol or any other controlled substance. Those looking forward to summer fun should note that Delaware’s Office of Highway Safety is already working on coordinating the next Checkpoint Strikeforce effort on July 14, which will include five DUI checkpoints across the state and patrols.
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There may not be a more commonly associated phrase with the purchasing of real estate than, “Location. Location. Location.” The inherent meaning is that location ranks as the number one, two and three most important factors in a client’s buying process. We can all understand why a homeowner may feel this way. City versus suburbs versus country. Quality of schools. Proximity to major roadways, hospitals, shopping, etc. But, how does location factor into the thought process of a business owner who is starting a business or moving an operation?
Quite simply, it’s a game changer.
The location of a business, in many cases, will be just as critical to the health of that business over time as what it sells and how it chooses to market its wares and services. The decisions carry a lot of weight and the real estate attorneys at Giordano, DelCollo, Werb & Gagne are well equipped to guide a client through the process of deciding on a new commercial location. Is it best to rent or buy? It your enterprise best suited for a stand alone location, or would you be better served in a retail hub like a shopping center or mall?
From construction contracts and lease agreements to property management agreements and property purchases, our team has the expertise your business requires in order to take the next step without skipping a beat. We will assist you in navigating complex issues such as environmental requirements and zoning laws. But, the most critical piece is that you will be interfacing with a group of legal pros who dedicate themselves to understanding your business’s needs and the most efficient manner of finding solutions to your unique challenges.
If you operate a business in Delaware and you have a real estate matter that demands the area’s most committed legal team, call the offices of Giordano, DelCollo, Werb & Gagneso that we can begin serving you today.
Read MoreFolks around New Castle County and all throughout the First State know that we are very involved in the real estate community. From industry associations to educational associates, we feel is important to offer our investment of time in the communities we serve. Nothing makes us happier to see our relationships grow with the dozens of fantastic realtors we have come to know over the years. And toasting their success and the success of our mutual clients around the settlement table never ever gets old. So, how did the real estate attorneys at GDWG come to be so well trusted by some of the area’s most experienced and dedicated real estate pros over the last few decades?
We feel that the best relationships can only flourish from a foundation of trust and respect. In our field, we are able to show trust in one another an any number of ways. But, in the end, trust is earned. Follow through is a big aspect of being able to grow relationships like those we enjoy. Real estate professionals whose clients hire GDWG do not have to worry if documents are drafted correctly, if banks have been called or if everyone has done their job as settlement dates grow ever closer on the calendar.
We respect realtors. We respect the profession and what it takes to do the job. This means that there are no unnecessary delays in communication. It means that no one has to get caught up playing whisper down the lane as deadlines loom. The most meaningful way we can show a client and realtor respect is through clear communication and complete and thorough production from our attorneys and office staff. This has been our goal since day one and continues with every sale of every property every day.
If you are a real estate professional in Delaware, we want to hear from you. Let’s connect and grow business together!
Read MoreWe have had a very exciting year here at Giordano, DelCollo, Werb & Gagne. This year, we continued to expand the firm’s services and we were proud to see partner, Dade Werb retire after 26 years with Delaware’s Office of Defense Services. Truly a fantastic cap to a wonderful year at the firm. And yes, this means that one of the premier defense attorneys in Delaware is now available to hire!
As we close out 2017, we would like to wish all of our clients as well as our wonderful friends in the real estate and legal community a very Merry Christmas, Happy Hanukkah and Happy New Year. Please note that we will be closed on December 25th and 26th for Christmas and January 1st and 2nd for the New Year’s. We hope that your holidays are filled with joy and cheer and we look forward to seeing all of you in 2018!
Read MoreEarlier this month, we posted news on Facebook that GDWG family law attorneys David C. Gagne and Achille C. Scache achieved a significant victory in the Delaware Supreme Court when the Supreme Court ruled that the Family Court had abused its discretion in awarding grandparents supervised contact with their grandchildren over the parents’ objection. Most of our friends on Facebook were very happy to hear that Mr. Gagne and Mr. Scache were able to win a victory on behalf of the parents in this case. Some, however, wondered in the comments section of our post, what could a couple grandparents do in order to get their visitation revoked from seeing their grand kids? For those interested, the decision can be found here and we should point out the pseudonyms are used in the decision to protect the identities of the parties. Without getting into all of the details, it was found that the grandparents (parents of father) had been at times intrusive, overbearing and downright nasty in their relationship with their son and his wife over many years
From the decision:
Here, in the case before us, grandparents petitioned for third-party visitation rights, and the parents objected. The Family Court essentially found the parents’ objections were not unreasonable. The grandparents had attacked the parents on social media, disparaged their parenting abilities, demoralized their son (the father), and sought to meddle in the parents’ relationships with their children. Nonetheless, the court awarded the grandparents the right to visitation in a “supervised, therapeutic setting.”7 The court believed that visitation in such a controlled environment, and under the supervision of a trained professional, would minimize the parents’ concerns and render their objections “clearly unreasonable.”8
Understand that the Court in the State of Delaware effectively views a grandparent nearly the same as any other third party petitioning for visitation of a child.
Under Delaware’s Third Party Visitation statute, 13 Del. C. § 2412 (“Section 2412”), when a parent objects to a third party’s request for visitation, “the parent’s determination of the child’s best interest will prevail unless the nonparent seeking visitation proves that: (1) visitation is in the child’s best interest; (2) the parent’s objections are unreasonable by clear and convincing evidence; and (3) visitation will not substantially interfere with the parent-child relationship by a preponderance of the evidence.”
In this case Mr. Gagne and Mr. Scache argued that the behavior of the grandparents had and would continue to interfere with the parent-child relationship. Furthermore, it was our contention that the parents’ objections were not unreasonable regardless of supervised visitation.
From the decision:
However, the record provides no basis for supporting the conclusion that supervised, therapeutic visitation would adequately address the reasonable objections of the parents. Further, the grandparents here presented no evidence to support a finding that supervised, therapeutic visitation would not substantially interfere with the parent-child relationship […] Having reviewed this record, we cannot conclude that having someone in the room to referee Grandparents’ actions and proclivity for engaging in inappropriate behavior would adequately address Parents’ reasonable concerns about interference with their parent-child relationships.
It is rare for Family Court decisions to make it to the Delaware Supreme Court. There is no question that there is plenty of hurt feelings to go around in cases such as these. The most important piece is that the best interest of the children is protected. In this case, the Court found that third party visitation would have interfered with the parent-child relationship and thus would not have been in the best interest of the children involved.
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If there is one thing an attorney learns in years of cases in family court, it is that when it comes to the parties involved, all divorces are just different degrees of tough.. Some divorces are downright nasty and contentious while others can be amicable. Don’t kid yourself though; even an “amicable” divorce is tough on all parties. After all, it is difficult for a person to admit that he or she has irreconcilable differences with his or her spouse or partner. The stresses that come with this can be overwhelming, Naturally, it is best when both parties can show one another some kindness and respect as attorneys and the Court work towards a resolution.
The Court is, after all, where the reality of a divorce visits itself upon the participants, especially as it pertains to Child Support and Child Custody. One piece that those involved in a divorce, or anyone involved in a matter pertaining to Child Custody or Support, must understand is that it is the responsibility of the Court to always rule in the best interest of the child. The Court takes this very seriously. This means that, though you may have a verbal agreement with your ex regarding support payments, the Court may see things very differently. It is at this point where you will find out how good your family law attorney really is.
In Delaware, the Court will generally make determinations regarding child support according to a child support worksheet based on the Melson formula, a calculation that takes into account a base allowance for each parent and then calculates support based on a number of variables including the income of each party. It is the responsibility of a seasoned attorney to recognize irregularities or omissions which may prove unfair to a client over time. Remember, the decision that comes from the court will determine how much child support you owe or are owed until the child is 18 years old (or 19 if the child is still enrolled in high school). Accordingly, it is critical that you take every opportunity to properly evaluate your options when it comes to your legal representation in Family Court.
Read MoreWe will begin by mentioning that there is no question that there is a stigma associated with Slip and Fall injuries. Young people today may be shocked to learn that many years ago, we all lived in a world with far fewer cameras. There were no cameras in our phones. No cameras in our cars. No cameras in our laptop computers. Some of us even remember a time before laptop computers. Gasp! There was even a time going way back when stores did not have several dozen cameras pointed at all angles of the interiors and exterior extents of their property. But, those times are in a far away past. Nowadays, most stores and other businesses do have video security for theft prevention, among many other reasons. Certainly, another outcome of this increase in video surveillance is the increase in instances of business’ ability to question slip and fall claims.
Before the age of video, cases like this came down to photographs of the scene, descriptions of weather conditions as well as witness testimony. With the advent of surveillance, we began to see how many people were “staging” accidents in stores, having zero awareness of cameras rolling all the while. Hence, the stigma. There are more than enough stories of people trying to make a living as professional accident victims.
Video surveillance does not fix everything for property owners, however. First of all, there have been cases in which the video shows a genuine accident and property owners will still insist that the injured party is exaggerating an injury on film by laying on the ground or flailing about. Some store operators have even gone so far as to delete tape! This does not look good in the eyes of the Court, by the way.
One way or another, property owners, business owners, insurance companies and yes, attorneys want to make sure that Slip and Fall claims are real and reasonable. It is important to know that the laws are different for incidents on the property of a homeowner as opposed to those on the property of a commercial business. For example local municipal regulations might dictate how much time a homeowner has to clear a sidewalk after a snow storm. A store owner may be given reasonable consideration under the law as it pertains the time taken to clean up spilled liquid and/or block off access to an area where a spill occurred. Laws also generally state that courts must recognize if the injured party could have taken more reasonable action to avoid the area that lead to the slip or fall. If someone goes out of their way to find spilled juice in a supermarket when their is an abundance of clearance around the spill, they are going to have a hard time seeking damages in a court of law.
All of that said, if a person is injured due to the clear negligence of another party, it is fair for the injured party to pursue compensation for injuries. If you have been hurt in an accident and feel you have a case, please contact our offices to learn your options for gaining restitution through legal means.
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