Opinions Digested in Delaware Law Weekly for the Issue of
FAMILY LAW Equitable Distribution l Alimony l 40-Year Marriage l Family Court’s Decision Chasin v. Chasin DeFAX Case No. D63083 (Del. Supr. Dec. 4, 2007).
The Family Court properly divided the $1.6 million marital estate equally between the parties and properly refused to award wife permanent alimony after the dissolution of the parties’ 40-year marriage. Affirmed.
TORTS Medical Malpractice l Limitation of Action l Tolling l 18 Del. C. § 6856(3) Leatherbury v. Greenspun DeFAX Case No. D63077 (Del. Supr. Nov. 30, 2007).
A medical malpractice plaintiff did not effectively toll the applicable two-year statute of limitations by sending a notice of intent to investigate by Federal Express because 18 Del. C. § 6856(3) does not allow compliance by means other than certified mail, return receipt requested. Affirmed.
BUSINESS LAW Records Inspection l 8 Del. C. § 220 l Scope l Demand Futility Melzer v. CNET Networks, Inc. DeFAX Case No. D63076 (Del. Ch. Nov. 21, 2007).
Where plaintiffs filed this Section 220 action to obtain the particularized facts they needed to adequately allege demand futility in a derivative action filed in response to the company’s backdated stock options, plaintiffs were entitled to have access to certain documents pertaining to stock options granted before they owned their shares. Opinion issued.
CIVIL PRACTICE Equity l Equitable Estoppel l Reimbursement of Costs l Lack of Knowledge l Reliance Reserves Development LLC v. Severn Savings Bank FSB DeFAX Case No. D63080 (Del. Ch. Nov. 9, 2007).
Plaintiff was entitled to relief on the basis of equitable estoppel where plaintiff lacked knowledge of defendant’s intent to withhold reimbursement funds and where plaintiff reasonably relied, to its detriment, on defendants’ conduct as indicating that defendants would pay their share of certain construction expenses. Request for equitable relief granted in part.
REAL PROPERTY Mortgages l Foreclosure l Eviction l Injunctive Relief Hayford v. Citicorp Trust Bank DeFAX Case No. D63079 (Del. Ch. Oct. 11, 2007).
Plaintiff was not entitled to a TRO and permanent injunctive relief barring her eviction from real property that was the subject of a mortgage foreclosure action because plaintiff had already litigated her bankruptcy-petition issue before the Superior Court and it was also highly unlikely that plaintiff would prevail in her appeal to the Supreme Court. Application for relief denied.
CIVIL PRACTICE Jurisdiction l Personal Jurisdiction l Contract l Forum Selection Clause Sun Piledriving Equipment, LLC v. Avxa, Inc. DeFAX Case No. D63081 (Del. Super. Nov. 30, 2007).
Although the Superior Court had personal jurisdiction over the nonresident defendant in this breach of contract action, the court granted defendant’s motion to dismiss because the forum selection clause in the parties’ contract placed exclusive jurisdiction in Pinellas County, Florida. Motion to dismiss granted.
CIVIL PRACTICE Jurisdiction l Superior Court l Declaratory Relief l Equitable Counterclaim l Transfer Rembrandt Technologies, LP v. Harris Corp. DeFAX Case No. D63082 (Del. Super. Nov. 30, 2007).
The Superior Court declined to transfer the instant case to the Court of Chancery simply because plaintiff sought declaratory relief and defendant asserted an equitable counterclaim. Motion to transfer denied.
TORTS Medical Malpractice l 18 Del. C. § 6853 l Expert Opinion Simmons v. Bay Health Medical Center, Inc. DeFAX Case No. D63078 (Del. Super. Nov. 30, 2007).
Defendant-nurse was entitled to summary judgment in this medical negligence action where the opinion of plaintiff’s expert fell short of the standard set by 18 Del. C. § 6853. Motion for summary judgment granted.
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