Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Jurisdiction l Personal Jurisdiction l Conspiracy Theory G & G, LLC v. White DeFAX Case No. D63137 (D.Del. Jan. 25, 2008).
The conspiracy theory of jurisdiction provided a basis for personal jurisdiction over non-resident director/officer defendants. Motion to dismiss denied.
CIVIL PRACTICE Jurisdiction l Condemnation Action l Perfection of Appeal l Dismissal Amin v. State ex rel. Secretary of the Department of Transportation DeFAX Case No. D63134 (Del. Supr. Feb. 6, 2008).
The Superior Court lacked jurisdiction over a condemnation action when it entered an order dismissing the case because defendants had already perfected an appeal, thereby divesting the Superior Court of jurisdiction over the cause of action Reversed and remanded.
TORTS Negligence l Slip-and-Fall Accident l Snow Removal l Duty Brown v. F.W. Baird DeFAX Case No. D63139 (Del. Supr. Feb. 7, 2008).
Defendant owed no duty to plaintiff, who fell on ice and snow in the parking lot of a store with which defendant had a snow-removal contract, because defendant was obligated to remove ice and snow only when the store called, and the store never called defendant on the day that plaintiff fell. Affirmed.
BUSINESS LAW Stock Transactions l Exchange Offer l Lawsuit l Disclosure-based Claims Pfeffer v. Redstone DeFAX Case No. D63133 (Del. Ch. Feb. 1, 2008).
Defendants were entitled to dismissal of plaintiff’s complaint pursuant to Rule 12(b)(6) for several reasons, including plaintiff’s failure to assert viable disclosure-based claims relating to an exchange offer. Motion to dismiss granted.
CIVIL PRACTICE Jurisdiction l Non-resident Defendants l Theories Ruggiero v. FuturaGene, plc, DeFAX Case No. D63138 (Del. Ch. Feb. 1, 2008).
Non-resident defendants in this lawsuit alleging breach of a merger agreement and breach of fiduciary duties were not subject to personal jurisdiction in Delaware under the consent provision of the merger agreement, under Delaware statutory law or under the conspiracy theory of jurisdiction. Motion to dismiss granted.
TORTS Premises Liability l Prima Facie Case l Slip-and-Fall Accident l Dangerous Condition McCarnan v. Investors Realty, Inc. DeFAX Case No. D63136 (Del. Super. Feb. 4, 2008).
The mere fact that plaintiff fell while accidentally stepping off a raised roadway did not itself suggest that the raised roadway was dangerous, nor did it otherwise indicate that defendant-property owner was negligent. Motion for summary judgment granted.
WORKERS’ COMPENSATION Calculation of Benefits l Partial Disability l Earning Power l Proper Indicator Horne v. Genesis Healthcare DeFAX Case No. D63135 (Del. Super. Jan. 31, 2008).
The Industrial Accident Board properly calculated claimant’s partial disability benefits on the basis of a labor market survey because this survey was a better indicator of earning power than claimant’s temporary employment with her former lawyer. Affirmed.
CIVIL PRACTICE Attorney Fees l Defendant’s Request l Cox Factors Surles v. 1401 Condominium Ass’n DeFAX Case No. D63132 (Del. Com. Pl. Jan. 25, 2008).
After evaluating the various Cox factors, including the uniqueness of some of the legal issues in the underlying case, the Court of Common Pleas granted defendant’s request for an award of attorney fees in the amount of $6,755.50. Motion for attorney fees granted.
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