Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Contempt l Entry of Final Judgment l Defendants’ Conduct l Abuse of Discretion Gallagher v. Long DeFAX Case No. D63048 (Del. Supr. Nov. 6, 2007).
The Court of Chancery did not abuse its discretion in holding defendants in civil contempt and in entering final judgment in favor of plaintiffs where defendants’ willful and conscious disregard of the court’s orders provided a basis for the court’s decision. Affirmed.
CIVIL PRACTICE Dismissal l Rule 12(b)(6) l Rule 12(b)(1) l Standing Appriva Shareholder Litig. Co., LLC v. ev3, Inc. DeFAX Case No. D63040 (Del. Supr. en banc Nov. 1, 2007).
The Superior Court properly considered a motion to dismiss for lack of standing under Rule 12(b)(6) instead of Rule 12(b)(1), where the standing issue was closely related to the merits. Reversed and remanded.
CRIMINAL PRACTICE Post-conviction Relief l Denial l Remand l Felony-murder Convictions Govan v. State DeFAX Case No. D63049 (Del. Supr. Nov. 6, 2007).
In considering defendant’s appeal from the Superior Court’s denial of his fourth motion for post-conviction relief, the Supreme Court remanded the matter so that the Superior Court could reconsider defendant’s motion in light of the Supreme Court’s recent decision on the retroactivity of a particular decision relating to felony murder. Remanded for further proceedings.
TAXATION Corporate Tax l Bank Franchise Tax l Domicile l Penalties Lehman Brothers Bank, FSB v. State Bank Commissioner DeFAX Case No. D63050 (Del. Supr. Nov. 7, 2007).
Although the Superior Court correctly affirmed the state bank commissioner’s determination that the bank was domiciled in Delaware for bank franchise tax purposes, it erred in affirming the commissioner’s refusal to abate penalties. Affirmed in part, reversed in part and remanded.
ALTERNATIVE DISPUTE RESOLUTION Arbitration l Questions of Arbitrability l Arbitrator l Court Baypo Limited Partnership v. Technology JV, LP DeFAX Case No. D63045 (Del. Ch. Oct. 2, 2007).
The issue of whether plaintiffs’ claim for reformation of the parties’ contract should be arbitrated was itself subject to arbitration because there was clear and unmistakable evidence that the parties did not intend to submit questions of arbitrability to the courts. Motion to dismiss denied without prejudice.
CRIMINAL PRACTICE Criminal Law l Sex Offender l Registration Requirements l Juvenile Adjudication l Later Statutory Amendment State v. Duker DeFAX Case No. D63035 (Del. Super. Oct. 25, 2007).
Defendant had a continuing obligation to register as a sex offender and provide residency information because the expungement provision relating to juvenile offenders who reach their 25th birthday without a new sex offense, which seemingly implied an end to such an obligation, was repealed in 1999. Defendant found guilty.
WORKERS’ COMPENSATION Causation l Knee Injury l Trauma l Obesity l Expert Medical Opinion Letica Corp. v. Ward, LLC DeFAX Case No. D63047 (Del. Super. Oct. 22, 2007).
The Industrial Accident Board did not err in rejecting an expert opinion that claimant’s obesity was the sole cause of his right knee problems where there was substantial evidence that claimant’s right knee problems were due to apparent overcompensation resulting from left knee injuries caused by a work accident. Affirmed.
WORKERS’ COMPENSATION Displaced Worker l Evidence l Expert Opinion l Available Jobs Martinez v. Propak Logistics, LLC DeFAX Case No. D63046 (Del. Super. Oct. 2, 2007).
Substantial evidence supported the Industrial Accident Board’s finding that claimant was not a displaced worker where a medical expert opinion indicated that claimant was no longer totally disabled and a labor market survey indicated that five jobs were available to him. Affirmed.
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