Opinions Digested in Delaware Law Weekly for the Issue of
FAMILY LAW Custody l Primary Placement l Father l Child’s Best Interest Bradley v. Burton DeFAX Case No. D63172 (Del. Supr. March 13, 2008).
The Family Court did not abuse its discretion in awarding primary placement of the parties’ young son to father where mother had violated the PFA with respect to the child’s telephone contact with father, where the child wanted to live with father, and where mother smoked in the car with the child, even though he had asthma. Affirmed.
FAMILY LAW Parental Rights l Termination l ‘Best Interest’ Factors l Logical and Orderly Analysis Ward v. Department of Services for Children Youth and Their Families DeFAX Case No. D63177 (Del. Supr. March 14, 2008).
The Family Court did not abuse its discretion in terminating mother’s parental rights where the court performed a logical and orderly analysis of the “best interest” factors, and where clear and convincing evidence supported the court’s inferences and conclusions. Affirmed.
BUSINESS LAW Shareholder Suit l Derivative Action l Stock Options l Demand Futility Weiss v. Swanson DeFAX Case No. D63179 (Del. Ch. March 7, 2008).
Defendants were not entitled to dismissal of plaintiff’s complaint asserting claims arising out of the granting of spring-loaded and bullet-dodged stock options because demand on the board would have been futile under the test enunciated in Aronson v. Lewis. Motion to dismiss denied.
CIVIL PRACTICE Attorney Fees l American Rule l Bad-Faith Exception l Scope of Award In re SS&C Technologies, Inc. Share-holders Litig. DeFAX Case No. D63173 (Del. Ch. March 6, 2008).
Although the court declined to award defendants all attorney fees incurred throughout the litigation, it determined that the bad-faith exception to the American rule justified an award of fees incurred by defendants for the defense against plaintiffs’ motion to withdraw and for preparation of defendants’ motion to unseal and for sanctions. Motion for sanctions decided.
REAL PROPERTY Real Estate Transactions l Contract l Buyback Option l Period l Rule Against Perpetuities Welsh v. Heritage Homes of DeLaWarr, Inc. DeFAX Case No. D63174 (Del. Ch. Feb. 15, 2008; revised Feb. 19, 2008).
Because the buyback provision in the parties’ agreement violated the rule against perpetuities, the seller was unable to enforce it. Motion for summary judgment granted.
CRIMINAL PRACTICE Criminal Law l Unauthorized Access to a Computer System l Misuse of a Computer System l Dismissal of Charges State v. Boyd DeFAX Case No. D63178 (Del. Com. Pl. March 3, 2008).
Defendant was not entitled to dismissal of charges alleging violation of 11 Del. C. § 932, unauthorized access to a computer system, and violation of 11 Del. C.§ 935, misuse of a computer system, because it was up to the jury to decide whether defendant’s access to the DMV records of a juror in his civil case was permissible or authorized under Delaware statutory law. Motion to dismiss denied.
CRIMINAL PRACTICE Speedy Trial l Criminal Rule 48(b) l Unnecessary Delay l Measurable Prejudice State v. Adkins DeFAX Case No. D63176 (Del. Com. Pl. Nov. 6, 2007).
The court denied the state’s motion to vacate dismissal of charges against defendant pursuant to Criminal Rule 48(b) where there was unnecessary delay attributable to the state and where there was some definable or measurable prejudice to defendant. Motion to vacate dismissal denied.
WORKERS’ COMPENSATION Disfigurement l Shoulder Surgery l Marks l Shoulder Droop Sliter v. Acme Markets DeFAX Case No. D63180 (IAB Jan. 23, 2008).
Claimant was entitled to two weeks of benefits where the surgery performed on her right shoulder left only minimal marks and where her right shoulder drooped lower than her left. Petition to determine disfigurement granted.
|