Opinions Digested in Delaware Law Weekly for the Issue of
BUSINESS LAW Mergers and Acquisitions l Merger l Securities Law Violations l Misrepresentations Tracinda Corp. v. DaimlerChrysler AG DeFAX Case No. D62995 (3d Cir. Sept. 18, 2007).
Plaintiff’s claims for violations of federal securities law failed because defendant did not misrepresent the nature of a merger between American and German automakers in describing it as a “merger of equals.” Affirmed.
CIVIL PRACTICE Verdicts l Amount l Construction Contract l New Trial Donald M. Durkin Contracting, Inc. v. City of Newark DeFAX Case No. D62999 (D.Del. Sept. 17, 2007).
Defendant’s request for a new trial due to the jury’s award on plaintiff’s civil rights claim - a request predicated on a challenge to the weight of the evidence - lacked merit because there was evidence of record to support the jury’s substantial award of $25 million in damages for this claim. Motion for new trial or remittitur denied; other issues decided.
BUSINESS LAW Records Inspection l Proper Purpose l Discovery Requests Meltzer v. CNET Networks, Inc. DeFAX Case No. D62993 (Del. Ch. Sept. 6, 2007).
Defendant was entitled to discovery of a solicitation letter sent to plaintiffs by their counsel and information concerning plaintiffs’ belief about alleged wrongdoing because such discovery requests were relevant to plaintiffs’ purpose in bringing an action under 8 Del. C. § 220. Motion to compel discovery granted.
CIVIL PRACTICE Discovery l Derivative Action l Request for Documents l Relevance In re Tyson Foods, Inc. Consol. S’holder Litig DeFAX Case No. D62996 (Del. Ch. Sept. 11, 2007).
Plaintiffs were entitled to production of documents concerning related-party transactions not specifically identified in the complaint or involving non-party individuals because such information was relevant to claims already pleaded in the complaint. Motion to compel discovery granted in part.
REAL PROPERTY Real Estate Transactions l Sale of Land l Duty to Cooperate l Good Faith and Fair Dealing Mogavero v. Greenberg DeFAX Case No. D62997 (Del. Ch. Sept. 12, 2007).
Plaintiffs were entitled to judgment in this dispute over the sale of land because defendants failed to satisfy their contractual obligation to “cooperate,” which was an express imposition of the duty of good faith and fair dealing inherent in all contracts. Judgment for plaintiffs.
ADMINISTRATIVE LAW Adjudications l Renewal of Controlled Substances Prescriptive Authority Registration l Denial Bransfield v. Secretary of State Meconi DeFAX Case No. D62994 (Del. Super. Sept. 28, 2007).
Plaintiff was not entitled to renewal of her controlled substances prescriptive authority registration because her application was untimely and incomplete. Affirmed.
WORKERS’ COMPENSATION Causation l Wrist Injury l Kienbock’s Disease l ‘Usual Exertion Rule’ San Juan v. Mountaire Farms DeFAX Case No. D62998 (Del. Super. Sept. 18, 2007).
The Industrial Accident Board erred in denying claimant workers’ compensation benefits for Kienbock’s disease where it failed to mention the “usual exertion rule” at any point in its opinion and where it failed to consider evidence under that standard. Reversed and remanded.
CONTRACTS Breach l Construction Contract l Workmanlike Manner l Counterclaim l Offset Kaiser Construction Co., Inc. v. Khan DeFAX Case No. D63000 (Del. Com. Pl. Sept. 27, 2007).
Plaintiff was entitled to recover from defendants for services rendered under a home improvement contract, subject to an offset for work not completed in a workmanlike manner. Judgment for plaintiff.
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