Opinions Digested in Delaware Law Weekly for the Issue of
BANKRUPTCY Chapter 11 l Pre-petition Claims l Breach of Contract l Promissory Estoppel l Louisiana Law In re Orion Refining Corp. DeFAX Case No. D62944 (Bankr. Del. July 20, 2007).
Plaintiff was entitled to payment of pre-petition claims for the rebuilding of debtor’s coker unit under Louisiana’s law on breach of contract and misrepresentation and under Louisiana’s equivalent of promissory estoppel. Judgment for plaintiff.
EVIDENCE Expert Witnesses l Medical Malpractice l Defense Expert l Testimony Barrow v. Abramowicz DeFAX Case No. D62937 (Del. Supr. Aug. 7, 2007).
In this medical malpractice action, the trial court erred when it prevented plaintiffs from presenting pre-trial testimony of defendant’s expert that was favorable to plaintiffs because that evidence went to the very heart of the causation issue and because plaintiffs properly reserved the right to introduce that testimony at trial. Reversed and remanded.
HEALTH LAW Medical Assistance l Medicaid l Breast Reduction Surgery l Necessity Urban v. Meconi DeFAX Case No. D62940 (Del. Supr. Aug. 10, 2007).
The Delaware Department of Health and Social Services improperly denied claimant’s request for reduction mammoplasty where there was no evidence that weight loss alone could remedy claimant’s condition. Reversed and remanded.
REAL PROPERTY Liens l 10 Del.C. § 4711 l Judgment l Wage Attachment Gamles Corp. v. Gibson DeFAX Case No. D62938 (Del. Supr. Aug. 7, 2007).
Although plaintiff’s lien on real estate expired after 10 years due to plaintiff’s failure to renew it under 10 Del.C. § 4711, the underlying judgment had not expired and the trial court erred in removing the judgment and terminating a wage attachment. Reversed and remanded.
APPEALS Interlocutory Appeals * Supreme Court Rule 42 * Criteria * Substantial Issue Gradient OC Master, Ltd. v. NBC Universal, Inc. DeFAX Case No. D62942 (Del. Ch. July 20, 2007).
Plaintiffs were entitled to certification of an interlocutory appeal of the Court of Chancery's decision denying plaintiffs preliminary injunctive relief because the court's decision determined a substantial issue in the case and met the other criteria of Supreme Court Rule 42. Order certified to Supreme Court.
WORKERS’ COMPENSATION Causation l Back Condition l Credibility l Expert Evidence Brown v. Apple American Group DeFAX Case No. D62943 (IAB July 2, 2007).
Given questions about claimant’s credibility and given the more persuasive testimony offered by employer’s medical expert, the Industrial Accident Board denied claimant’s petition seeking benefits for a back condition. Petition to determine compensation due denied.
WORKERS’ COMPENSATION Causation l Back Injury l Relation to Work l Evidence Madric v. DaimlerChrysler DeFAX Case No. D62941 (IAB June 28, 2007).
Claimant was not entitled to workers’ compensation benefits where he failed to establish that his low back complaints were due to the cumulative detrimental effect of his work on employer’s assembly line. Petition to determine compensation due denied.
WORKERS’ COMPENSATION Disfigurement l Shoulder l Surgical Scar l Appearance Ames v. Midway Slots DeFAX Case No. D62939 (IAB July 3, 2007).
Claimant was entitled to four weeks of benefits for a work-related surgical scar on his right shoulder, given the appearance of the scar and claimant’s reaction to it. Petition for disfigurement benefits granted.
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