Opinions Digested in Delaware Law Weekly for the Issue of
CONTRACTS Interpretation l Terms l Contract Phase l Module Count Institute for Disabilities Research and Training, Inc. v. Wal-Mart Stores, Inc. DeFAX Case No. D63017 (D.Del. Sept. 25, 2007).
In this dispute over a contract for the preparation of ADA-compliant computer-based learning modules for defendant’s employees, plaintiff was entitled to recover under the contract after the court determined that the contractual term “contract phase” was unambiguous and after it determined the number of modules that defendant had actually submitted. Judgment for plaintiff.
EMPLOYMENT Employee Benefits l Pension l New Cash Balance Plan l ERISA l Anti-backloading Provision Charles v. Pepco Holdings, Inc. DeFAX Case No. D63025 (D.Del. Sept. 19, 2007).
Defendant-employers’ new cash balance plan did not violate Section 204(b)(1) of ERISA, which prohibits backloading of
benefits. Motion for summary judgment granted.
MOTOR VEHICLES Automobile Insurance l PIP Benefits l Purported Class Action l Motion to Dismiss Johnson v. GEICO Casualty Co.. DeFAX Case No. D63024 (D.Del. Sept. 27, 2007).
In this purported class action seeking damages for defendants’ alleged wrongful denial of PIP benefits, defendants were entitled to dismissal of plaintiffs’ counts for violation of the Uniform Deceptive Trade Practices Act and the Unfair Practices in the Insurance Business Act, as well as dismissal of plaintiff’s count for violation of the federal RICO statute, 18 U.S.C. § 1962(a). Motion to dismiss granted in part, denied in part.
TORTS Negligence l Negligent Misrepresentation l Economic Loss Doctrine l Information-Provider Exception Delaware Art Museum v. Ann Beha Architects, Inc. DeFAX Case No. D63021 (D.Del. Sept. 11, 2007).
The information-provider exception to the economic loss doctrine did not apply in this negligent misrepresentation case where defendant-engineer aided in the design of a building expansion and was, therefore, more than an information provider. Motion to dismiss granted.
JUDGES Recusal l Family Court Judge l Back-to-Back Trials l Appearance of Bias Watson v. State DeFAX Case No. D63019 (Del. Supr. Sept. 11, 2007).
Where a Family Court judge found defendant delinquent on robbery charges shortly before presiding over defendant’s trial for an alleged rape, it was inappropriate for the judge to preside over the second trial since there was an appearance of bias sufficient to cause doubt as to the judge’s impartiality to assess the truthfulness of defendant and his accuser. Reversed and remanded.
WORKERS’ COMPENSATION Causation l Workplace Chemicals l Newly Discovered Evidence l Due Diligence Thomas v. Dentsply International DeFAX Case No. D63023 (IAB Sept. 12, 2007).
Claimant was not entitled to a new hearing on his petition to determine compensation due because he could have discovered the existence of a certain workplace chemical prior to the original hearing, had he exercised due diligence. Request for new hearing denied.
WORKERS’ COMPENSATION Disfigurement l Surgical Scars l Morphine Pump l Excision of Breast Masses Seran v. Gaylord Container Corp. DeFAX Case No. D63022 (IAB Sept. 11, 2007).
Given the nature of claimant’s scars arising from morphine pump revision surgery and the surgical excision of masses from claimant’s breasts, claimant was entitled to an award of 44 weeks of disfigurement benefits. Petition to determine disfigurement granted.
WORKERS’ COMPENSATION Surviving Spouse Benefits l 19 Del. C. § 2330 l Minimum Compensation Rate l Actual Wage Strand v. PASCO of Millsboro, Inc. DeFAX Case No. D63018 (IAB Oct. 3, 2007).
Decedent’s widow was entitled to the minimum compensation rate as announced by the Secretary of Labor, even though decedent had earned less than that amount in weekly wages. Benefits granted.
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