Opinions Digested in Delaware Law Weekly for the Issue of
EMPLOYMENT Discrimination l Race l Termination l Allegedly Dissimilar Treatment Hyman v. Child, Inc. DeFAX Case No. D63112 (D.Del. Dec. 6, 2007).
Plaintiff’s allegation that defendant treated a Caucasian employee differently in an allegedly similar situation did not, alone, support a finding that defendant’s proffered business reasons for plaintiff’s termination were pre-textual or create an inference that race was a factor in her termination. Motion for summary judgment granted.
EMPLOYMENT Discrimination l Race and Gender Claims l Summary Judgment Dietz v. Baker DeFAX Case No. D63113 (D.Del. Dec. 13, 2007).
The existence of disputed material issues of fact precluded granting summary judgment to plaintiff on her claims of race and gender discrimination arising from her failure to receive a promotion to inspector in the Wilmington Police Department. Plaintiff’s motion for summary judgment denied.
BUSINESS LAW Mergers and Acquisitions l Short-Form Merger l Preferred Shareholders l Rights l Certificate of Designation Matulich v. Aegis Communications Group, Inc. DeFAX Case No. D63115 (Del. Supr. Jan. 15, 2008).
Plaintiff’s challenge to the validity of a short-form merger failed where the certificate of designation expressly granted preferred shareholders only the contractual right to approve of and consent to mergers. Affirmed.
EVIDENCE Hearsay l Employees’ Statements l Interrogatory Answers l Rule of Completeness Mentore v. Metropolitan Restaurant Management Co. DeFAX Case No. D63114 (Del. Supr. Jan. 8, 2008).
Plaintiffs in this personal injury action were not entitled to a new trial despite their claims of trial court error because testimony about employees’ statements came in anyway and because the rule of completeness required the admission of more than just one interrogatory answer. Affirmed.
JUDGES Recusal l Hearing Officer l Workers’ Compensation Proceedings l Unusual Circumstances Home Paramount Pest Control v. Gibbs DeFAX Case No. D63109 (Del. Supr. Jan. 17, 2008).
Where there was an unusual overlap between the claim filed several years before by the hearing officer and the claim filed by the claimant in the instant case, the hearing officer should have recused herself from the proceedings. Reversed and remanded.
TORTS Asbestos l Exposure l Gasket-Manufacturer l Duty to Warn Wilkerson v. American Honda Motor Co. DeFAX Case No. D63116 (Del. Super. Jan. 17, 2008).
Since there was a material issue of fact concerning defendant-gasket-manufacturer’s duty to warn of the danger of asbestos exposure, defendant-manufacturer was not entitled to summary judgment. Motion for summary judgment denied.
WORKERS’ COMPENSATION Causation l Arm Injury l Credibility Gibbs v. Color Box DeFAX Case No. D63110 (IAB Aug. 29, 2007).
Claimant failed to prove that she suffered a work-related arm injury where her testimony lacked credibility and where her medical expert’s testimony was based in large part upon claimant’s recital of subjective complaints. Petition to determine compensation due denied.
WORKERS’ COMPENSATION Causation l Back Injury l Delay in Seeking Medical Treatment l Credibility Blank v. Graceful Interiors, Inc. DeFAX Case No. D63111 (IAB Sept. 12, 2007).
Although claimant delayed seeking medical treatment for her back injury, evidence of this delay was not sufficient to break the causal connection between work accident and injury established by claimant’s own credible testimony and that of her medical expert. Petition to determine compensation due granted.
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