Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Class Action l Adequacy of Class Representatives l Discovery l Financial Information In re Intel Corp. Microprocessor Antitrust Litig. DeFAX Case No. D63107 (D.Del. Dec. 6, 2007).
Defendant was not entitled to discovery relating to class representatives’ financial information, given recent case law indicating that such discovery was irrelevant to class-certification issues, particularly where counsel was contractually obligated to advance litigation costs and those costs were not recoverable unless recovery was obtained for the class. Objections to master’s report and recommendation sustained.
CIVIL PRACTICE Discovery l Attorney-Client Privilege l Special Committee l Counsel Ryan v. Gifford DeFAX Case No. D63108 (Del. Ch. Nov. 30, 2007).
Given the particular circumstances, the court allowed certain discovery pertaining to communications between the company’s special committee and its counsel about an investigation and final report despite assertions of attorney-client privilege. Motions decided.
EMPLOYMENT Employment Contracts l Restrictive Covenants l Breach l Relief Weichert Co. of Pennsylvania v. Young DeFAX Case No. D63105 (Del. Ch. Dec. 7, 2007).
Plaintiff was entitled to injunctive relief where defendant breached the valid restrictive covenants in his employment contract and where plaintiff suffered damage as a result. Motion for summary judgment granted.
INTELLECTUAL PROPERTY Trademarks l Consent Decree l Alleged Violation l Laches l Limited Relief Wilcox & Fetzer, Ltd. v. EVC, Inc. DeFAX Case No. D63104 (Del. Ch. Nov. 16, 2007).
Although defendants violated the terms of the parties’ consent decree, plaintiff sat on its rights by delaying this action and, consequently, plaintiff was entitled only to partial relief and half its attorney fees. Relief granted to plaintiff.
LAND USE AND PLANNING Ordinances l Validity l Zoning l Development of Real Property Murray v. Riverview, LLC. DeFAX Case No. D63103 (Del. Ch. Nov. 30, 2007).
Because petitioners met their burden of demonstrating that the record created by the county council was inadequate to sustain the ordinance at issue as a proper legislative act, the master determined that the ordinance was invalid. Master’s final report issued.
INSURANCE LAW Regulation l New Administrative Regulation l Authority l Homeowners Policies American Ins. Ass’n v. Delaware Dept. of Ins. DeFAX Case No. D63101 (Del. Super. Jan. 2, 2008).
Because Regulation 703, which established two unfair trade practices under Chapter 23 of Title 18 of the Delaware Code, exceeded the insurance commissioner’s statutory authority, that regulation was unlawful. Motion for summary judgment granted.
CRIMINAL PRACTICE Criminal Law l Harassment l Elements l Defendant’s Conduct l Victim’s Ability to Respond State v. Russell DeFAX Case No. D63106 (Del. Com. Pl. Dec. 3, 2007).
Because it was unlikely that the victim could have committed a violent act or a breach of the peace in response to defendant’s comments, given the location of the two boats on the open water and the smaller size of the victim’s boat, the state failed to establish a necessary element of the offense of harassment. Verdicts rendered.
CRIMINAL PRACTICE Search and Seizure l DUI l Blood Test l Use of Force State v. Crespo DeFAX Case No. D63102 (Del. Com. Pl. Dec. 20, 2007).
A DUI defendant obtained suppression of blood evidence where the court found that the police had acted unreasonably in forcing her to give a blood sample at the police barracks. Motion to suppress granted.
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