Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL RIGHTS Section 1983 l Pretrial Detainees l Transfer to Special Housing Unit l Due Process Claims Stevenson v. Carroll DeFAX Case No. D62920 (3d Cir. July 30, 2007).
In this Section 1983 case, pretrial detainees alleged viable due process claims arising out of their transfer into the prison’s special housing unit.Vacated and remanded.
BUSINESS LAW Records Inspection l Proper Purpose l Valuation l Mismanagement Robotti & Co., LLC v. Gulfport Energy Corp. DeFAX Case No. D62923 (Del. Ch. July 3, 2007).
Although plaintiff failed to state a proper purpose for his books and records request as it pertained to the valuation of his stock, he stated a proper purpose as to investigation of alleged corporate mismanagement. Post-trial opinion issued.
MOTOR VEHICLES Automobile Insurance l Underinsured Motorist Benefits l Offset l Choice of Law Tiller v. Nationwide Mutual Ins. Co. DeFAX Case No. D62928 (Del. Super. July 31, 2007).
Applying the most significant relationship test to decide whether Delaware or Maryland law applied in this dispute over underinsured motorist benefits, the Superior Court held that although the accident occurred in Delaware, Maryland had the most significant relationship to this claim. Plaintiff’s motion for choice of law determination denied.
REAL PROPERTY Liens l Mechanic’s Lien l Fixture l Evidence l Del. Code Ann. tit. 25 § 2722 JJID, Inc. v. Delaware River Industrial Park, LLC, DeFAX Case No. D62922 (Del. Super. July 30, 2007).
Plaintiff was not entitled to summary judgment in this dispute over a mechanic’s lien because there were material issues of fact regarding the chattel’s status as a fixture, and intervenor was not entitled to summary judgment because Del. Code Ann. tit. 25, § 2722 was not applicable to the case. Cross motions for summary judgment denied.
WORKERS’ COMPENSATION Notice to Employer l Lung Cancer l Asbestos l Awareness of Compensability Estate of Fawcett v. Verizon Delaware, Inc. DeFAX Case No. D62927 (Del. Super. July 25, 2007).
Because there was a lack of substantial evidence indicating that claimant knew the nature, seriousness and probable compensable nature of his disease by a certain date, the Industrial Accident Board erred in denying claimant’s petition for failure to comply with notice requirements. Reversed and remanded.
WORKERS’ COMPENSATION Termination of Benefits l Legal Hearing l Scope l Prior Notice Phillips v. Delhaize America, Inc. DeFAX Case No. D62924 (Del. Super. July 20, 2007).
The Superior Court reversed an Industrial Accident Board order terminating claimant’s total disability benefits where the board did not provide any notice to the parties about what it intended to address at a Legal Hearing. Reversed and remanded.
WORKERS’ COMPENSATION Impairment l Permanent Impairment l Foot Injury l Interpretation of AMA Guides Prospero v. Bayshore Ford Truck DeFAX Case No. D62925 (IAB April 25, 2007) (22 pages).
The Industrial Accident Board accepted the permanency rating of claimant’s medical expert over that of employer’s expert where claimant’s expert had specialized training and certification in the interpretation of the AMA Guides. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Termination of Benefits l Total Disability l Expert Opinion l Claimant’s Credibility McMahon v. Day Star Sills, Inc. DeFAX Case No. D62926 (IAB May 8, 2007).
In deciding to grant employer’s termination petition, the Industrial Accident Board found Claimant’s medical expert unpersuasive since the expert relied heavily on claimant’s subjective complaints and the board did not find claimant credible. Petition to terminate benefits granted.
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