Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL RIGHTS Section 1983 l Retaliation l Protected Activity l First Amendment l Public Employee Gorum v. Sessoms DeFAX Case No. D63141 (D.Del. Feb. 12, 2008).
The First Amendment did not protect plaintiff’s activities where plaintiff was acting pursuant to his official duties as a faculty member of Delaware State University, and, therefore, as a public employee. Motion for summary judgment granted.
CONSUMER PROTECTION State Laws l Kansas Consumer Protection Act l Credit Monitoring Service Millett v. TrueLink DeFAX Case No. D63142 (D.Del. Feb. 7, 2008).
Defendant, which sold a credit monitoring service to plaintiffs, was entitled to summary judgment on plaintiffs’ unconscionability claims premised upon the Kansas Consumer Protection Act. Motion for partial summary judgment granted.
CONTRACTS Formation l Consideration l Stipulated Judgment l Enforcement United States Life Ins. Co. in the City of New York v. Withrow DeFAX Case No. D63140 (D.Del. Jan. 31, 2008).
Husband was not entitled to enforcement of a stipulated judgment signed by his sister-in-law in this dispute over wife’s life insurance proceeds because there was no consideration for the sister-in-law’s agreement to allow husband to receive the proceeds. Motion to enforce stipulated judgment denied.
INSURANCE LAW Coverage l Policy Renewal l Non-payment of Premium l Expiration of Policy Drexel v. Harleysville Ins. Co. DeFAX Case No. D63145 (D.Del. Feb. 11, 2008).
Defendant was entitled to summary judgment on plaintiff’s breach of contract claim premised on a policy provision for cancellation for nonpayment of premium because plaintiff’s failure to make a timely premium payment caused the policy to lapse. Motions for summary judgment decided.
BANKRUPTCY Chapter 7 l Conversion l Chapter 13 l Reconsideration l New Evidence l License Plate In re Murray DeFAX Case No. D63146 (Bankr. Del. Oct. 24, 2007).
The court declined to undo the conversion of a Chapter 13 case from a Chapter 7 case because debtor did not act in bad faith when he failed to list a valuable, low-digit Delaware license plate in his Chapter 7 petition. Motion to reconsider conversion order denied.
INSURANCE LAW Coverage l Homeowner’s Policy l Personal Property Loss l Mold Contamination Sullivan v. Standard Fire Ins. Co. DeFAX Case No. D63143 (Del. Supr. Feb. 11, 2008).
The trial court erred in granting defendant-insurer summary judgment in this dispute over coverage for personal property loss caused by mold contamination. Reversed and remanded.
WORKERS’ COMPENSATION Attorney Fees l Settlement l Board’s Authority l 19 Del. C. § 2320(10) Pugh v. Wal-Mart Stores, Inc. DeFAX Case No. D63144 (Del. Supr. Feb. 15, 2008).
The Industrial Accident Board had the authority to grant claimant attorney fees pursuant to 19 Del. C. § 2320(10) even though claimant obtained benefits through a settlement, rather than an award from the board. Affirmed.
REAL PROPERTY Real Estate Transactions l Sale of Land l Ocean View l Enforceable Promise Haase v. Grant DeFAX Case No. D63147 (Del. Ch. Feb. 7, 2008).
Defendant was entitled to summary judgment because there was no enforceable promise made by defendant to plaintiff that the residence that defendant planned to construct on his property would not obstruct plaintiff’s ocean view. Motion for summary judgment granted.
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