Three judges of the U.S. Court of Appeals for the Third Circuit focused on several issues during oral arguments to revive the Delaware Court of Chancery's confidential arbitration program, including its cost and whether the state legislature conferred separate arbitrative powers upon the Chancery Court's judges
Delaware Law Weekly
Governor Jack Markell has vowed to build upon two recent trips members of his administration have made to India by continuing to "build bridges" with the nation in an effort to encourage Indian business to either incorporate or open an office in Delaware.
Delaware Law Weekly
The Delaware Supreme Court has reversed both the Sussex County Board of Adjustment and the Superior Court, ruling that both wrongly denied AT&T a permit to construct a cellular tower in Bethany Beach.
Carr v. Jacobs, DEFAX Case No. D65555 (D.Del. April 17, 2013) Robinson, J. (5 pages).
Reconsideration & Mandamus ; Fed.R.Civ.P. 60(b) ; Burden of Proof ; Preserve Evidence ; Produce Discovery
Appellant failed to carry her burden to support her motion for reconsideration, her Fed.R.Civ.P. 60(b) request for relief and her writ of mandamus in this bankruptcy dispute. Denied.
Robocast, Inc. v. Microsoft Corp., DEFAX Case No. D65539 (D.Del. April 12, 2013) Andrews, J. (5 pages).
Discovery ; Telephone Deposition ; Production of Documents ; Travel ; Untimely & Unduly Burdensome ; Attorney-Client Privilege
RatnerPrestia, a non-client to a patent dispute between Robocast and Microsoft, was unable to meet its burden regarding its arguments that subpoenas to participate in a telephone deposition and to produce relevant documents were untimely, unduly burdensome and protected by attorney-client privilege. Ratner's motion to quash denied.
PJM Interconnection, LLC v. Round Rock Energy, LP, DEFAX Case No. D65537 (D.Del. April 12, 2013) Andrews, J. (8 pages).
Jurisdiction and Service of Process ; Subject Matter Jurisdiction ; Federal Question ; 28 U.S.C. §1447(c) ; Remand
Because the breach of contract claims raised no federal questions, the court lacked subject matter jurisdiction in this matter and granted plaintiffs' motion to remand to state court.
NHB Assignments LLC v. General Atl. LLC, DEFAX Case No. D65552 (D.Del. April 15, 2013) Robinson, J. (20 pages).
Motion Practice ; Pleadings ; Motion for Leave to Amend ; Jurisdiction ; Diversity
The court allowed plaintiff liquidating trustee leave to amend its third amended complaint where defendant failed to demonstrate that he was unfairly disadvantaged or deprived of the opportunity to present evidence that he would have offered had the amendments been timely. Motion for leave to amend granted.
PJM Interconnection, LLC v. City Power Marketing, LLC, DEFAX Case No. D65538 (D.Del. April 12, 2013) Andrews, J. (6 pages).
Breach ; Jurisdiction ; Diversity ; State vs. Federal Question ; FERC ; RTO
In this contract dispute between a "Regional Transmission Organization" responsible for running a regional electric transmission grid and members of the electricity market over nonpayment of bills, the claim asserted raised questions of state law rather than federal law and the claim was remanded to the Delaware Superior Court.
Boulden v. Albiorix, Inc., DEFAX Case No. D65531 (Del. Ch. April 10, 2013) Noble, V.C. (10 pages).
Motion Practice ; Pleadings ; Leave to Amend ; Clerical Error ; Expanded Cause of Action
Plaintiff could not seek to amend his complaint to allege breach of contract and quantum meruit claims against a particular defendant through the artifice of relying on an error in the court's opinion. Motion to amend denied.
Lawson v. Kellogg Marine, Inc., DEFAX Case No. D65556 (Del. Super. April 18, 2013) Wallace, J. (10 pages).
Motor Vehicle Accident ; Negligence & Negligent Entrustment ; Choice of Law ; New Jersey Deemer Statute ; PIP Coverage ; Delaware Law
Because the vehicle insured by State Farm had to have been operated in New Jersey and involved in the accident that caused plaintiff's injuries and neither condition applied here, New Jersey's Deemer statute did not apply and the court declined to reform the State Farm policy or limit plaintiff's lawsuit thereunder. Defendant's motion in limine to apply New Jersey's Deemer statute denied.
Mitchell v. Allen Family Foods, Inc., DEFAX Case No. D65559 (Del. Super. April 24, 2013) Herlihy, J. (17 pages).
Wrongful Death & Survivorship ; IAB Death Benefits ; Employee Status ; Shared Employee ; Four-Prong Test
Plaintiffs could maintain this tort action against defendant because the evidence overwhelmingly demonstrated that decedent was an employee of another company when he died, not the related company named as a defendant herein. Trial order issued.
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