Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL RIGHTS Section 1983 l Excessive Force Incident l Investigation l Monell Liability Walker v. City of Wilmington DeFAX Case No. D63052 (D.Del. Nov. 2, 2007).
Plaintiffs failed to establish their Monell claims in this Section 1983 action because they failed to produce evidence of a well-settled and permanent practice of inadequate investigations into the use of excessive force by police officers. Motion for summary judgment granted.
BUSINESS LAW Appraisal Action l Common Stock l Preferred Stock l Merger Agreement Hildreth v. Castle Dental Centers, Inc. DeFAX Case No. D63055 (Del. Supr. Nov. 15, 2007).
In this appraisal action filed by holders of a corporation’s common stock, the Court of Chancery correctly determined that the preferred stock was validly issued and properly relied on the merger agreement in deciding the valuation of the two classes of stock. Affirmed.
BUSINESS LAW Mergers and Acquisitions l Merger l Preliminary Injunction l Proxy Statement In re CheckFree Corp. Shareholders Litig. DeFAX Case No. D63057 (Del. Ch. Nov. 1, 2007).
Plaintiffs were not entitled to a preliminary injunction enjoining a proposed merger because they failed to demonstrate a reasonable probability of success on their claims relating to alleged deficiencies in the proxy statement. Motion for preliminary injunction denied.
CONTRACTS Interpretation l Requirements Clause l Asset Purchased l Self-Provisioning XO Communications, LLC v. Level 3 Communications, Inc. DeFAX Case No. D63054 (Del. Ch. Nov. 2, 2007).
Because the “requirements” clause in an agreement between the parties must be understood in the context of plaintiff’s ability to self-provision, which was obtained through a prior contract, there was no basis to conclude that plaintiff’s conduct was an act of bad faith. Declaratory relief granted.
CIVIL PRACTICE Limitation of Action l Amended Complaint l Relation-Back Doctrine Rodriguez v. Wiedemann DeFAX Case No. D63051 (Del. Super. Oct. 24, 2007).
The allegations in plaintiff’s second amended personal injury complaint did not relate back to her original complaint because her new claims did not arise out of the same conduct, transaction or occurrence set forth in her original pleading. Motion to dismiss granted.
CONTRACTS Interpretation l Contractual Language l Patents l License l Assignment Amkor Technology, Inc. v. Motorola, Inc. DeFAX Case No. D63053 (Del. Super. Nov. 14, 2007).
Plaintiff was entitled to entry of judgment in its favor where the court interpreted the disputed language in a contract in accordance with the view of the party least responsible for the controversy. Judgment for plaintiff.
CIVIL PRACTICE Discovery l Judgment Creditor l Subpoena Duces Tecum l Bank Tekstrom, Inc. v. Savla DeFAX Case No. D63056 (Del. Com. Pl. Oct. 25, 2007).
The court refused to quash a subpoena duces tecum served by a judgment creditor on a bank because those requesting that relief did not have standing and because the information sought was reasonably calculated to lead to the discovery of relevant evidence. Motion to quash subpoena denied.
WORKERS’ COMPENSATION Termination of Benefits l Total Disability l Medical Expert Testimony Luis v. Auclair School, Inc. DeFAX Case No. D63058 (IAB Sept. 13, 2007).
Employer was entitled to termination of claimant’s total disability benefits where the unrefuted medical testimony of employer’s expert indicated that claimant could return to work full-time with no restrictions. Petition to terminate benefits granted.
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