Opinions Digested in Delaware Law Weekly for the Issue of
EMPLOYMENT Employee Benefits l Medical Benefits l Subrogation Claim l ERISA l Preemption Asbestos Workers Local Union No. 42 Welfare Fund v. Brewster DeFAX Case No. D63059 (Del. Supr. Nov. 21, 2007).
Plaintiff’s subrogation claim in Delaware state court was subject to federal jurisdictional preemption because that claim “relates to” an ERISA employee benefit plan under Section 514 of ERISA. Affirmed.
CIVIL PRACTICE Discovery l Documents Requested l Non-party l Undue Burden l Proof Solow v. Aspect Resources DeFAX Case No. D63067 (Del. Ch. Oct. 30, 2007).
Because the non-party upon whom plaintiff had served a subpoena duces tecum had not proven that production of the documents requested would impose an undue burden upon it, the Court of Chancery granted plaintiff’s motion to compel. Motion to compel discovery granted.
LAND USE AND PLANNING Subdivision l Standing to Challenge l Injunctive Relief l Ripeness Calagione v. City of Lewes Planning Comm’n DeFAX Case No. D63065 (Del. Ch. Nov. 13, 2007).
Although petitioners had standing to challenge the approval of two subdivision plans, they were not entitled to injunctive relief because the case was not ripe for the imposition of such relief. Motion to dismiss granted.
REAL PROPERTY Covenants l Restrictive Covenant l Specificity of Requirements l Enforceability Christine Manor Civic Ass’n v. Gullo DeFAX Case No. D63064 (Del. Ch. Nov. 2, 2007).
While the restrictive covenant at issue did not have the detail or precision of restrictive covenants typically imposed today, it clearly barred defendant’s garage, which deviated so much from other outbuildings that it was not harmonious with the balance of the community. Relief
granted.
INSURANCE LAW Coverage l General Liability Insurance Policy l Liquor Liability Exclusion l Negligence Claims Scottsdale Ins. Co. v. Lankford DeFAX Case No. D63066 (Del. Super. Nov. 21, 2007).
The liquor liability exclusion in a general liability insurance policy relieved the insurer of the duty to defend or indemnify its insured in a personal injury action arising from a fatal motor accident caused by an intoxicated employee because the negligent hiring-and-supervision-of-employee claims in the underlying suit were fundamentally premised upon the claim that the insured’s staff negligently caused the bouncer’s intoxication. Cross motions for summary judgment decided.
WORKERS’ COMPENSATION Causation l Left Shoulder Condition l Relation to Work Accident l Claimant’s Diabete Febles v. S.C. Cummings & Sons, Inc. DeFAX Case No. D63061 (IAB Sept. 5, 2007).
Claimant failed to satisfy his burden of proving that his left shoulder condition was causally related to his work injury where it was more reasonable to conclude that such a condition was related to his diabetes. Petition to determine additional compensation due granted in part.
WORKERS’ COMPENSATION Medical Expenses l Knee Surgery l ACL Injury l Opposing Medical Theories Jankiewicz v. New Castle Cty. DeFAX Case No. D63060 (IAB Sept. 5, 2007).
After considering two opposing medical theories on the cause of claimant’s recurring knee buckling problem, the Industrial Accident Board found that the balance tipped in favor of the theory asserted by claimant’s expert and, therefore, granted claimant the knee surgery he sought. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Termination of Benefits l Total Disability l Medical Expert Testimony Willis v. Bank of America DeFAX Case No. D63062 (IAB Aug. 14, 2007).
Accepting the opinion of employer’s expert, who opined that claimant was capable of returning to work with restrictions, the Industrial Accident Board granted employer’s petition to terminate claimant’s total disability benefits. Petition to terminate benefits granted.
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