Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Default Judgment l Motion to Open l Excusable Neglect l Prejudice Harrington v. Allaband DeFAX Case No. D63127 (Del. Supr. Jan. 8, 2008).
The Family Court abused its discretion in denying wife’s motion to open a default judgment where the record indicated that wife’s failure to appear for a hearing was the result of excusable neglect and where there would be no substantial prejudice to husband. Reversed and remanded.
BUSINESS LAW Mergers and Acquisitions l Shareholder Suit l Failure to State a Claim Globis Partners, L.P. v. Plumtree Software, Inc. DeFAX Case No. D63093 (Del. Ch. Nov. 30, 2007).
Defendants were entitled to dismissal of this shareholder suit where plaintiff failed to state a claim for breach of fiduciary duty in connection with a merger. Motion to dismiss granted.
CIVIL PRACTICE Discovery l Compliance with Court’s Prior Decision l Sanctions and Fees Amirsaleh v. Board of Trade of the City of New York DeFAX Case No. D63125 (Del. Ch. Jan. 17, 2008).
Although plaintiff was entitled to have defendants comply with the court’s earlier decision on discovery matters, plaintiff was not entitled to sanctions and an award of attorney fees because the parties were capable of resolving this dispute on their own. Motion to compel and for sanctions granted in part, denied in part.
CIVIL PRACTICE Trial Administration l Stay l First-filed Action l Delay in Service Citrin Holdings LLC v. Cullen 130 LLC DeFAX Case No. D63126 (Del. Ch. Jan. 17, 2008).
Defendant was entitled to a stay of this Delaware action in favor of an earlier-filed Texas action where defendant’s delay in serving its Texas complaint did not preclude the Texas action from being considered the first-filed action. Motion for stay granted.
CONTRACTS Breach l Ambiguity l Motion to Dismiss PharmAthene, Inc. v. SIGA Technologies, Inc. DeFAX Case No. D63129 (Del. Ch. Jan. 16, 2008).
Defendant was not entitled to dismissal of this breach of contract action because the relevant documents were ambiguous as to whether the parties intended a term sheet to be binding. Motion to dismiss denied.
EMPLOYMENT Discrimination l Department of Labor l No-Cause Determination l Challenge Lorah v. Department of Labor DeFAX Case No. D63130 (Del. Super. Jan. 31, 2008).
Because plaintiff was precluded by statute from challenging the Department of Labor’s no-cause determination on appeal, the Superior Court granted the department’s motion to dismiss. Motion to dismiss appeal granted.
WORKERS’ COMPENSATION Causation l Recurrence of Disability l Impairment l Unnecessary Surgery Klenk v. Medical Center of Delaware DeFAX Case No. D63128 (Del. Super. Jan. 30, 2008).
Employer was not liable to compensate claimant for any subsequent adverse effects of a 1996 back surgery, where the surgery was not necessary or reasonable, but claimant nonetheless chose to undergo it. Affirmed.
CIVIL PRACTICE Default Judgment l Counterclaim l Motion to Vacate l Excusable Neglect Gillespie v. Chelsea on the Square Apartments DeFAX Case No. D63131 (Del. Com. Pl. Feb. 4, 2008).
Plaintiff was not entitled to relief from the default judgment entered against him on defendant’s counterclaim because his error in recording the proper trial date did not constitute excusable neglect. Affirmed.
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