Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Discovery l Attorney-client Privilege l Joint Clients l Corporate Family In re Teleglobe Communications Corp. DeFAX Case No. D62932 (3d Cir. July 17, 2007).
In this dispute over the application of the attorney-client privilege in the joint-client context, the 3rd Circuit remanded the case for a factual finding as to whether debtors were parties to the joint representation. Vacated and remanded.
CIVIL PRACTICE Default Judgment l Participation in Litigation l Court’s Discretion Greystone Digital Technology, Inc. v. Alvarez DeFAX Case No. D62930 (Del. Ch. July 20, 2007).
Plaintiffs were not entitled to a default judgment against defendant on the basis of his failure to participate fully in the litigation because defendant’s conduct was not so egregious as to warrant the imposition of such a severe remedy. Motion for entry of default judgment denied.
CIVIL PRACTICE Summary Judgment l Motion to Dismiss l Affidavits l Motion for Reargument Black v. Gramercy Advisors, LLC DeFAX Case No. D62929 (Del. Ch. July 23, 2007).
Defendants were not entitled to reargument on the court’s decision to treat their motion to dismiss, which was accompanied by two voluminous affidavits, as a motion for summary judgment. Motion for reargument denied.
INSURANCE LAW Agents and Brokers l Annuity l Change in Beneficiary l Communication to Agent Travelers Life and Annuity Co. v. Desderio DeFAX Case No. D62935 (Del. Ch. July 3, 2007).
Decedent-insured met the requirements of the substantial compliance doctrine where the evidence indicated that he had done all that it was reasonably possible for him to do in order to alter the designation of beneficiary in his annuity contract. Motion for summary judgment granted.
PUBLIC UTILITIES Regulatory Authority l Public Service Commission l Water Utility Regulation l Water Expansion Costs Reybold Group v. Public Service Comm’n of the State of Delaware DeFAX Case No. D62934 (Del. Super. July 31, 2007).
Plaintiffs’ challenge to a revised water utility regulation failed because the Public Service Commission had authority to shift water expansion costs from current customers to new customers by imposing certain costs upon land developers. Affirmed.
TAXATION Real Estate Tax l Refund l Tax Exempt Organization l Property Buyer Wilmington Parking Auth. v. New Castle Cty. DeFAX Case No. D62933 (Del. Super. July 31, 2007).
Although the plaintiff-purchaser, a tax-exempt organization, reimbursed prorated taxes to the seller of real property as part of the settlement, plaintiff was not entitled to a refund from the county because it did not actually pay taxes on the property. Motion for summary judgment denied.
WORKERS’ COMPENSATION Causation l Work Duties l Neck Injury l Compensability Barksdale v. Shellhorn & Hill DeFAX Case No. D62931 (IAB July 5, 2007).
Given claimant’s credible testimony and the opinion of his medical expert, the Industrial Accident Board determined that claimant’s injuries to his cervical spine were related to the stress and strain of his work duties as an oil delivery person. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Disability l Total Disability Benefits l Expert Opinion l Claimant’s Credibility Reece v. Wal-Mart Distribution Center DeFAX Case No. D62936 (IAB July 2, 2007).
Claimant was not entitled to total disability benefits where the medical evidence established that he was able to return to work full time and where claimant’s testimony regarding his pain level was not credible. Petition to determine compensation due granted in part, denied in part.
|