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High Court Rejects Petition to Hear School Board Prayer Case
free article
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The U.S. Supreme Court has declined to hear arguments regarding the constitutionality of the Indian River School District’s policy of opening its board meetings with a prayer. The high court let stand the 3rd U.S. Circuit Court of Appeals’ opinion that the district’s prayer policy is unconstitutional.
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'Savings Statute' Can Also Save Failure to Serve Dismissals 
By Jeff Mordock
Delaware Law Weekly
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Plaintiffs who have had a case dismissed because they failed to serve a defendant before the 120-day service time limit expired may refile their complaint within one year after their case passes the statute of limitations under Delaware’s “Savings Statute,” according to a recent Superior Court opinion.
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Veteran Lawyers Team Up to Open Delaware's Newest Firm
By Jeff Mordock
Delaware Law Weekly
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Cousins Chipman & Brown, Delaware’s newest law firm, arrived on the scene earlier this month, opening its doors on Jan. 13. While the firm is brand new, its founding partners have been players in the region’s bankruptcy and commercial litigation sector for some time.
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| This Week's Digests |
THIRD CIRCUIT
BANKRUPTCY
In re Nortel Networks, Inc., DeFax Case No. D64803 (3d Cir. Dec. 29, 2011) Sloviter, C.J. (28 pages).
Injunctions and Stays • Automatic Stay • Police Power Exception • Governmental Entity
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The district court properly affirmed a decision of the Bankruptcy Court to enforce the automatic stay in 11 U.S.C. §362(b)(4) since appellants failed to demonstrate that they fell within the police power exception to the automatic stay. Affirmed.
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U.S. DISTRICT COURT OF DELAWARE
CIVIL PRACTICE
Wacoh Company v. Kionix Inc.
Joinder • Patent Infringement Action • Motion to Sever/Transfer • Convenience Factors
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The court granted defendant's motion to sever and transfer the case against it where defendant was misjoined in this action and the only connection to Delaware in this case was that it was plaintiff's choice of forum. Motion to sever/transfer granted.
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U.S. DISTRICT COURT OF DELAWARE
CIVIL PRACTICE
Capitaliza-T Sociedad de Responsabiladid Limitada de Capital Variable v. Wachovia Bank of Delaware National Assoc.
Pleadings • Sufficiency • Aiding and Abetting Fraud Claim • Substantial Assistance
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The court granted plaintiff leave to file a second amended complaint since the factual allegations in plaintiff's proposed complaint presented a plausible basis for the substantial assistance element of an aiding and abetting fraud claim against defendants. Motion for leave granted in part.
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U.S. DISTRICT COURT OF DELAWARE
INTELLECTUAL PROPERTY
Grape Technology Group, Inc. v. Jingle Networks, Inc.
Patent • Infringement • Attorney Fees • 35 U.S.C. § • 285 • Exceptional Case
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Though the parties engaged in "hardball" litigation tactics throughout this patent infringement action, none of their conduct was "exceptional" so as to give rise to an award of attorney fees under 35 U.S.C. §285. Application for attorney fees denied.
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SUPREME COURT OF DELAWARE
ADMINISTRATIVE LAW
Delaware Dept. of Nat'l Resources & Eviron. Control v. Sussex County
Agency Jurisdiction • Department of Natural Resources * Pollution Control • Zoning Provision
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The Supreme Court rejected the argument of the Delaware Department of Natural Resources & Environmental Control and found that the trial court did not err in holding that those portions of the Pollution Control Strategy Regulations imposing a water quality buffer constituted illegal zoning and were void. Affirmed.
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DELAWARE SUPREME COURT
CONTRACTS
GMG Capital Investments, LLC. v. Athenian Venture Partners I, L.P.
Interpretation • Remedy Provision • Ambiguity • Motion for Summary Judgment
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Where the parties' agreement was susceptible to two equally reasonable, but conflicting, interpretations which gave rise to an unresolved issue of material fact, the trial court erred in granting plaintiffs summary judgment. Reversed and remanded.
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DELAWARE SUPERIOR COURT
CONTRACTS
Mehiel v. Solo Cup Co.
Breach • Merger Agreement • Working Capital Statement • Known Error • Bad Faith
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There was a material issue of fact as to whether defendant knew of the need to correct the working capital statement used in the parties' merger agreement and whether defendant intentionally failed to do so. Defendants' motion for summary judgment denied.
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DELAWARE SUPERIOR COURT
TORTS
Pfeiffer v. State Farm Mutual Auto. Ins. Co.
Intentional Torts • Subrogation Action • License Suspension • Malice or Ulterior Motive
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The trial court correctly found that plaintiffs could not sustain a viable claim for malicious prosecution or abuse of process since they failed produce anything tangible that would suggest malice, an ulterior motive or coercion in defendants' initiation and pursuit of a subrogation action and license suspension. Affirmed.
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