Delaware became the 11th state to legalize same-sex marriage last week when the state Senate voted to approve the measure, which was immediately signed into law by Governor Jack Markell.
Delaware Law Weekly
New Castle County Court of Common Pleas Judge Andrea L. Rocanelli was nominated to the Delaware Superior Court last week in order to fill a vacancy created by the retirement of Judge Jerome O. Herlihy.
Delaware Law Weekly
The U.S. District Court for the District of Delaware has denied an attorney's request to withdraw as plaintiff's counsel, ruling that such action would likely prejudice both parties in the case as well as cause unnecessary delay.
Caruso v. Superior Ct. of Del., DEFAX Case No. D65547 (D.Del. April 12, 2013) Burke, M.J. (27 pages).
Due Process ; Employment ; Voluntary Resignation ; Rebuttal Evidence ; Coercion
Plaintiff's allegations, if true, raised at least a plausible claim that plaintiff's resignation from the Superior Court of Delaware was coerced and thus, could rebut the presumption that her resignation was voluntary. Partial denial of motion to dismiss recommended.
Christiana Care Health Serv. v. Palomino, DEFAX Case No. D65533 (Del. Supr. en banc April 11, 2013) Ridgely, J.; Berger, J. and Steele, C.J., dissenting (16 pages).
Utilization Review ; Timely Appeal ; Department of Labor Regulation 5.5.1 ; 19 Del. C. §2361
The Superior Court properly found that Department of Labor Regulation 5.5.1's imposition of a 45-day limitation on petitions for review was invalid because it was contrary to the five-year statute of limitations mandated by 19 Del. C. §2361(b). Affirmed.
In re Comverge, Inc. S'holders Litig., DEFAX Case No. D65529 (Del. Ch. April 10, 2013) Parsons, V.C. (18 pages).
Discovery ; Attorney-Client Privilege ; Waiver ; "At Issue" Exception
Defendants did not waive attorney-client privilege in this case because they did not inject a privilege-laden issue into the litigation, attempt to rely on the substance of a privileged communication or partially disclose such a communication. Motion to compel denied in part.
Kalisman v. Friedman, DEFAX Case No. D65549 (Del. Ch. April 17, 2013) Laster, V.C. (10 pages).
Discovery ; Derivative Suit ; Attorney-Client & Work Product Privileges ; Director As Client ; Notice ; Standing
In this derivative suit brought by plaintiff, a former director, defendants could not assert attorney-client privilege or work product doctrine against plaintiff, except as to legal advice and work product relating to matters that were the subject of this litigation and that postdated the board meeting at which they decided to proceed secretly without him. Plaintiff's motion for discovery granted.
AM Gen. Holdings LLC v. Renco Grp., Inc., DEFAX Case No. D65551 (Del. Ch. April 18, 2013) Noble, V.C. (16 pages).
Discovery ; Valuation Documents ; Attorney-Client Privilege ; Work Product Doctrine
Where certain valuation documents were created due to contractual compliance, the work product doctrine was not broadly available and plaintiff did not demonstrate that the documents were entitled to work product or attorney-client protection. Motion to compel granted in part and denied in part.
Sheats v. Kent Cnty. Levy Ct., DEFAX Case No. D65548 (Del. Ch. April 17, 2013) Glasscock, V.C. (14 pages).
LAND USE & PLANNING
Subdivision ; Plan Approval ; Expungement ; Construction Period ; Kent County Code §187-14(H)
Kent County's expungement of petitioners' amended subdivision plan was premature and invalid because under Kent County Code §187-14(H), approval and recording of an amended subdivision plan started the five-year commencement period for construction anew. Declaratory relief granted.
Gray v. Schaeffer, DEFAX Case No. D65530 (Del. Ch. April 10, 2013) Glasscock, V.C. (4 pages).
Torts ; Contracts ; Firm Revenue Accounting ; TRO
In this dispute between attorneys who briefly shared an office, there was no basis for equity jurisdiction and the matter was to be dismissed unless either party moved to transfer the case to the Superior Court within 20 days.
Honaker v. Estate of Haas, DEFAX Case No. D65534 (Del. Ch. April 11, 2013) Glasscock, V.C. (8 pages).
WILLS TRUSTS & ESTATES
Personal Check ; Donative Intent ; Inter Vivos Gift ; Delivery ; Decedent Donor ; Sufficient Funds
In this deathbed inter vivos gift dispute, the court found that any gift contemplated by decedent was not delivered during her lifetime. Motion to dismiss granted.
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