Opinions Digested in Delaware Law Weekly for the Issue of
BANKRUPTCY Preference Claims l Fraudulent Transfer Claims l Pleading l Notice In re Student Finance Corp. DeFAX Case No. D63015 (D.Del. Oct. 5, 2007).
Defendants were entitled to have certain of the trustee’s preference and fraudulent transfer claims stricken because the trustee failed to plead these claims in a manner sufficient to give defendants fair notice. Motion to strike improper damage claims granted.
CIVIL PRACTICE Jurisdiction l Personal Jurisdiction l Lebanese Joint Stock Company URS Corp. v. Lebanese Co. for the Development & Reconstruction of Beirut Central Dist. SAL DeFAX Case No. D63016 (D.Del. Sept. 28, 2007).
Defendant, a Lebanese joint stock company, was entitled to dismissal of plaintiff’s Delaware action challenging its inclusion in a foreign arbitration proceeding because the federal court in Delaware lacked personal jurisdiction over defendant. Motion to dismiss granted in part, denied in part.
INTELLECTUAL PROPERTY Patents l Infringement l Consolidation of Cases l Stay Abbott Diabetes Care, Inc. v. DexCom, Inc. DeFAX Case No. D63014 (D.Del. Sept. 30, 2007).
In this dispute over the alleged infringement of seven patents, defendant was entitled to have a newly filed case consolidated with a prior action and to have the proceedings stayed pending the Patent and Trademark Office’s reexamination of all seven patents-in-suit. Motions decided.
FAMILY LAW Visitation l Hearing l Mother’s Absence l Due Process Taylor v. Taylor DeFAX Case No. D63013 (Del. Supr. Oct. 5, 2007).
The Family Court did not violate mother’s due process rights by conducting a hearing in mother’s absence, where mother absented herself from the proceedings and where the court made efforts to assist mother in presenting live testimony via videophone. Affirmed.
CIVIL PRACTICE Trial Administration l Motion for Reargument l Final Mortgage Foreclosure Action l Prior Litigation Fees and Costs l Disallowance Mortgage Electronic Registration Systems Inc. v. Johnson DeFAX Case No. D63010 (Del. Super. Sept. 25, 2007).
Because the court has an active role in mortgage foreclosure actions and because the equitable authority given the court permits it to control its own process, the court had broad jurisdiction to disallow prior foreclosure litigation fees and costs. Motion for reargument denied.
TORTS Premises Liability l Slip-and-Fall Accident l Proximate Cause l Jury Question McFadden v. Delaware Racing Ass’n DeFAX Case No. D63009 (Del. Super. Sept. 13, 2006).
Plaintiff was not entitled to a new trial on the basis of a question asking the jury to determine whether defendant’s negligence was a proximate cause of plaintiff’s injury, rather than of her fall. Motion for new trial denied.
WORKERS’ COMPENSATION Impairment l Permanent Impairment l 19 Del. C. § 2321 l Three-Day Rule Sandoval v. First State Plastics DeFAX Case No. D63012 (IAB Sept. 7, 2007).
Where it was highly unlikely that the Spanish-speaking claimant could read his doctor’s English-language disability note and where the employer was aware of that note and its opinion that claimant was medically disabled and should not work a certain number of days, employer was not entitled to dismissal of claimant’s permanent impairment petition for failure to comply with the three-day rule set forth at 19 Del. C. § 2321. Motion to dismiss petition denied.
WORKERS’ COMPENSATION Termination of Benefits l Evidence l Sole Medical Expert Esquivel v. Barley Mill Realty DeFAX Case No. D63011 (IAB Sept. 10, 2007).
Claimant was no longer entitled to partial disability benefits where the Industrial Accident Board accepted the testimony of the sole medical expert who opined that claimant was capable of returning to work. Petition to terminate benefits granted.
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