Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Attorney Fees l Shareholder Suit l Original Settlement l Increased Tender Offer Price l Out-of-State Litigant Alaska Electrical Pension Fund v. Brown DeFAX Case No. D63090 (Del. Supr. en banc Dec. 21, 2007).
Because there was no evidence that an out-of-state litigant pursuing a similar stockholder suit in California made any contribution to a settlement that created the first increase in a tender offer price, that litigant was not entitled to collect attorney fees attributable to that achievement; the out-of-state litigant was entitled to a presumption of causation as to the second price increase, however, given the circumstances. Affirmed in part; reversed in part and remanded.
MOTOR VEHICLES Automobile Insurance l PIP Benefits l Entitlement l Causation of Injury Gray v. Allstate Ins. DeFAX Case No. D63084 (Del. Supr. en banc Dec. 17, 2007).
Because the vehicle driven by defendant’s insured did not come in contact with plaintiff and cause his injuries, plaintiff was not entitled to PIP benefits from defendant. Affirmed.
TRUSTS AND ESTATES Guardianships l Trial l Request for Continuance l Would-be Guardian’s Behavior Wilson v. State of Delaware Adult Protective Services DeFAX Case No. D63091 (Del. Supr. Dec. 14, 2007).
In this guardianship matter, the Court of Chancery did not err in denying a request for a continuance where the person seeking the guardianship engaged in disrespectful and abusive behavior toward the court and made an unsupported request for a continuance on the eve of trial. Affirmed.
GOVERNMENT Public Employees l Promotion l Lateral Transfer l Merit Rule 18.5 l Jurisdiction State v. Dodson DeFAX Case No. D63086 (Del. Super. Nov. 30, 2007).
Remand to the Merit Employee Relations Board was necessary for a specific finding as to the applicability of Merit Rule 18.5 to the grievant’s case, which involved a potential lateral transfer. Remanded for further findings.
UNEMPLOYMENT COMPENSATION Willful Misconduct l Misappropriation of Property l Termination l Just Cause Wentzell v. DaimlerChrysler Corp. DeFAX Case No. D63087 (Del. Super. Nov. 30, 2007).
Although the result was harsh under the circumstances, claimant was not entitled to unemployment compensation benefits because employer terminated claimant for just cause after claimant misappropriated employer’s equipment. Affirmed.
CIVIL PRACTICE Attorney Fees l Contractual Provision l Reasonableness of Fees l Amount of Recovery Gould v. Wien DeFAX Case No. D63092 (Del. Com. Pl. Nov. 15, 2007).
Although plaintiff was entitled to recover attorney fees under her contract with defendant, the court determined that plaintiff was not entitled to recover the full amount of the fees sought because those fees were out of proportion to the amount in controversy. Attorney fees awarded.
CONTRACTS Warranties l Breach l Home Construction l Improper Drainage Rezak v. S&L Contractors, Inc. DeFAX Case No. D63088 (Del. Com. Pl. Nov. 27, 2007).
The defendant construction company breached its warranty with plaintiff where it failed to properly repair a drainage problem in the crawl space of plaintiff’s newly constructed home. Judgment for plaintiff.
INSURANCE LAW Defense and Indemnity l Choice of Law l Significant Contacts l Breach of Fiduciary Duty The Pyrites Co. v. Century Indemnity Co. DeFAX Case No. D63089 (Phila. Com. Pl., Commerce program Dec. 12, 2007).
Applying Delaware law, a Pennsylvania trial court denied plaintiff’s motion for partial summary judgment and partly granted defendant’s cross-motion as to plaintiff’s claim for breach of fiduciary duty because an insurer does not owe a fiduciary duty to its insureds under Delaware law. Cross-motions for partial summary judgment decided.
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