Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Trial Administration l Motion to Transfer l First-filed Forum Bank of America, N.A. v. S.I.P. Assets, LLC DeFAX Case No. D62990 (D.Del. Sept. 11, 2007).
A defendant was entitled to have the instant Delaware action transferred to the first-filed forum in Florida because the Florida court to decide certain jurisdictional issues and because the transfer fostered the interests of justice and judicial administration. Motion to transfer granted.
BUSINESS LAW Corporate Governance l Voting of Minors’ Shares l Connecticut Law l Appointment of Guardian B.F. Rich & Co., Inc. v. Gray DeFAX Case No. D62991 (Del. Supr. en banc Sept. 11, 2007).
A shareholders’ consent purporting to change the composition of the company’s board of directors and a unanimous consent of directors purporting to appoint new officers for the company were both invalid because the father of the two minors holding 49.1 percent of the shares lacked the authority to vote those shares without being appointed guardian of the children’s estates under Connecticut law. Reversed and remanded.
FAMILY LAW Custody l 13 Del. C. § 722 l Criminal Complaint l Criminal History Factor Michaels v. Whitaker DeFAX Case No. D62986 (Del. Supr. Sept. 18, 2007).
In deciding a custody matter, the Family Court did not err in considering a criminal complaint filed against mother where mother never raised any hearsay objection to the complaint’s admission and where the Family Court did not rely solely on the complaint in assessing the statutory factor of criminal history. Affirmed.
FAMILY LAW Custody l 13 Del. C. § 722 l Criminal Complaint l Criminal History Factor Michaels v. Whitaker DeFAX Case No. D62987 (Del. Supr. Sept. 18, 2007).
In this proceeding to determine custody of the parties’ son, the Family Court did not err in considering a criminal complaint filed against mother where mother never raised any hearsay objection to the complaint’s admission and where the Family Court did not rely solely on the complaint in assessing the statutory factor of criminal history. Affirmed.
TORTS Professional Liability l Accounting Malpractice l Statute of Limitations l Discovery Rule Island Farm, Inc. v. Master Sidlow & Assocs., P.A. DeFAX Case No. D62992 (Del. Super. Sept. 20, 2007).
Defendant was not entitled to summary judgment on statute of limitations grounds in this action for alleged accounting malpractice because there were material issues of fact surrounding plaintiff’s knowledge of the nature of a particular sale and its understanding of a certain term. Motion for summary judgment denied.
TORTS Vicarious Liability l Respondeat Superior l Employer’s Admission l Direct Negligence Claim Smith v. Williams DeFAX Case No. D62988 (Del. Super. Sept. 11, 2007).
Adopting the minority position on the issue, the Superior Court allowed plaintiff to assert a direct negligence claim against defendant-employer, which had already admitted vicarious liability for an employee’s actions. Motion for partial summary judgment granted in part, denied in part.
WORKERS’ COMPENSATION Disfigurement l Surgical Scars l Visible and Offensive Nature l Tattoos McDaniel v. Pascale Industries, Inc. DeFAX Case No. D62989 (IAB Sept. 12, 2007).
Claimant, who had several tattoos and a nipple ring, was entitled to disfigurement benefits because his four work-related surgical scars were visible and offensive. Petition to determine disfigurement granted.
WORKERS’ COMPENSATION Disfigurement l Surgical Scars l Appearance Hagerty v. Daystar Sills, Inc. DeFAX Case No. D62985 (IAB Aug. 29, 2007).
Claimant was entitled to 14 weeks of compensation for noticeable surgical scars located on his belly and his back. Petition to determine additional compensation due granted.
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