Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Attorney Fees l Contractual Fee-shifting Provision l Full Award l Limited Success at Trial Mahani v. EDIX Media Group, Inc. DeFAX Case No. D63039 (Del. Supr. Sept. 4, 2007).
The Court of Chancery did not abuse its discretion in awarding plaintiff the full amount of its attorney fees and expenses pursuant to a contractual fee-shifting provision, where it correctly refused to give primary weight to plaintiff’s limited success at trial and where it properly weighed all the factors listed in Rule 1.5(a) of the Delaware Lawyers’ Rules of Professional Conduct. Affirmed.
APPEALS Interlocutory Appeal l Certification l Supreme Court Rule 42 In re Kent Cty. Adequate Public Facilities Ordinances Litig. Consolidated DeFAX Case No. D63044 (Del. Ch. Sept. 26, 2007).
Petitioners were entitled to certification of an interlocutory appeal from the Court of Chancery’s order denying petitioners’ motion for a preliminary injunction, based on 9 Del. C. § 4959(c), to prevent the retroactive application of Kent County’s recently adopted Adequate Public Facilities Ordinances because petitioners met the requirements of Supreme Court Rule 42. Order certifying interlocutory appeal entered.
GOVERNMENT Public Employees l Police Officers l CBA l COLA Provision l Salary Increase to Non-police Employees Smyrna Police Employees Ass’n v. Town of Smyrna DeFAX Case No. D63037 (Del. Ch. Oct. 17, 2007).
Because the town council’s intent in granting a fixed $1,500 salary increase to its non-police employees was to pay them salaries comparable to those for similar jobs in surrounding municipalities and not to maintain the purchasing power of those employees in the face of inflation, the town did not grant a COLA that would have triggered a COLA payable to police officers under a collective bargaining agreement. Affirmed.
CIVIL PRACTICE Verdicts l Personal Injury Case l Uncontradicted Medical Expert Testimony l Failure to Award Amount of Medical Expenses Elwood v. Cunningham DeFAX Case No. D63043 (Del. Super. Oct. 22, 2007).
Given that uncontradicted evidence from plaintiffs’ medical expert established that plaintiff-wife incurred medical expenses in the amount of $155,568.21 as a proximate result of defendant’s negligence, the jury’s award of less than that amount was against the great weight of the evidence. Motion for new trial and partial judgment as a matter of law granted.
CONSUMER PROTECTION Warranties l Implied Warranties l UCC l Physical Therapy Patient l Service Provider Spaeder v. University of Delaware DeFAX Case No. D63036 (Del. Super. Oct. 17, 2007).
Defendants were not liable for any alleged breach of implied warranties relating to an electrical stimulation device used on plaintiff’s leg during physical therapy because defendants were not “sellers” of the device under Delaware’s Uniform Commercial Code. Motion to dismiss granted.
EVIDENCE Witnesses l Condemned Property l Compensation l Record-Owner Rule Eastern Shore Natural Gas Co. v. Glasgow Shopping Center Corp. DeFAX Case No. D63042 (Del. Super. Oct. 3, 2007).
The record-owner rule provided a basis for the testimony of the corporate landowner’s assistant vice president, who was responsible for the leasing and management of the condemned property, as to the property’s fair market value. Motion in limine granted in part, denied in part.
HEALTH LAW Medical Assistance l Eligibility l Stock l Lost Certificates l Nature of Asset Schmidt v. Meconi DeFAX Case No. D63041 (Del. Super. Oct. 11, 2007).
That the stock certificates belonging to a prospective Medicaid recipient were lost did not change the nature of the stock from a liquid asset to a non-liquid one. Affirmed.
TORTS Liquor Liability l Social Host l Alcoholic Beverages l Minor Zonko v. Brosnahan DeFAX Case No. D63038 (Del. Super. Oct. 23, 2007).
Plaintiff, who was injured by an intoxicated minor who had consumed alcohol allegedly supplied by defendants at their home, did not have a cause of action against defendants based upon either common law or statutory law because social host liability is not a recognized cause of action in Delaware. Motion to dismiss granted.
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