Opinions Digested in Delaware Law Weekly for the Issue of
APPEALS Interlocutory Appeals l Supreme Court Rule 42 l Discovery Order l Motion to Dismiss Fleischman v. Huang DeFAX Case No. D62971 (Del. Ch. Aug. 22, 2007).
Defendants were not entitled to certification of an interlocutory appeal from a discovery order issued in the midst of briefing on a motion to dismiss because defendants did not meet the requirements of Supreme Court Rule 42. Application for certification of interlocutory appeal denied.
BUSINESS LAW Dissolution l LLC l Putative General Creditor l Motion to Intervene Follieri Group, LLC v. Follieri/Yucaipa Investments, LLC DeFAX Case No. D62972 (Del. Ch. Aug. 23, 2007).
A putative general creditor of a limited liability company was not entitled to intervene in an action brought to dissolve the LLC because it did not meet the requirements for intervention of right or for permissive intervention. Motion to intervene denied.
BUSINESS LAW Stock Transactions l Options l Spring-loading l Directors’ Conduct In re Tyson Foods, Inc. Consolidated Shareholder Litig. DeFAX Case No. D62970 (Del. Ch. Aug. 15, 2007).
In this dispute over alleged spring-loading of stock options granted to key directors and executives, defendants were not entitled to judgment on the pleadings as to Count III of plaintiffs’ consolidated complaint, where the pleadings supported an inference that options were not granted consistent with the fiduciary’s duty of utmost loyalty. Motion for judgment on the pleadings denied.
REAL PROPERTY Adverse Possession l Lien Survival l Lien Theory State l Declaratory Judgment Walker v. Five North Corp. DeFAX Case No. D62974 (Del. Super. Aug. 31, 2007).
In this case of first impression, the Superior Court determined that plaintiff’s title to certain real property, acquired by virtue of adverse possession, was acquired free and clear of a disputed lien. Plaintiff granted declaratory judgment.
MOTOR VEHICLES Automobile Insurance l Coverage l Policy Cancellation l Renewal l 18 Del. C. § 3903(c) Hartford Ins. Co. v. Akers DeFAX Case No. D62969 (Del. Com. Pl. Aug. 17, 2007).
The insurer was obligated to renew the insured’s automobile insurance policy pursuant to 18 Del. C. § 3903(c) because the insured tendered to the insurer the full premium amount within 30 days after the end of the policy period, and the renewal was effective on the date of the insurer’s receipt of payment. Cross motions for summary judgment decided.
WORKERS’ COMPENSATION Causation l Total Disability l Slip and Fall Accident Leary v. Super Fresh DeFAX Case No. D62975 (IAB Aug. 16, 2007).
Claimant established causation where both parties’ medical experts agreed that claimant’s slip and fall work accident at least partially caused his subsequent injuries. Petition to determine compensation due granted.
WORKERS’ COMPENSATION Disability l Partial Disability l Calculation of Benefits Word v. Days Inn DeFAX Case No. D62973 (IAB Aug. 13, 2007).
Although claimant was entitled to receive partial disability benefits, the Industrial Accident Board rejected claimant’s proposed method of calculating those benefits. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Disability l Recurrence l Original Lumbar Strain l Worsening l Subsequent Leg Pain Robinson v. Somerford Corp. DeFAX Case No. D62976 (IAB Aug. 14, 2007).
Claimant satisfied her burden of establishing a recurrence of total disability where her complaints of leg pain were reflective of the worsening condition of her work-related lumbar strain. Petition to determine additional compensation due granted.
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