Opinions Digested in Delaware Law Weekly for the Issue of
BUSINESS LAW Mergers and Acquisitions l Merger Agreement l Interpretation l Payments to Former Shareholders AmerisourceBergen Corp. v. LaPoint DeFAX Case No. D63206 (Del. Supr. April 8, 2008).
Plaintiffs, former shareholders of the acquired company, were entitled to the post-merger payments they sought, given the unambiguous terms of the merger agreement. Affirmed.
ALTERNATIVE DISPUTE RESOLUTION Arbitration l Substantive Arbitrability l Willie Gary McLaughlin v. McCann DeFAX Case No. D63175 (Del. Ch. Feb. 21, 2008).
Applying the principles set forth by the Delaware Supreme Court in James & Jackson, LLC v. Willie Gary, LLC, the Court of Chancery determined that the parties clearly and unmistakably agreed to submit the issue of substantive arbitrability to the arbitrator. Motion to compel arbitration granted.
GOVERNMENT Government Contracts l Road Work l 29 Del. C. § 6962(d)(8)(a) l Bid Bond Form Asphalt Paving Systems, Inc. v. Department of Transportation DeFAX Case No. D63211 (Del. Ch. March 20, 2008).
The Delaware Department of Transportation properly rejected plaintiff’s bid for certain road work pursuant to 29 Del. C. § 6962(d)(8)(a), where plaintiff used a form other than the DelDOT bid bond form. Summary judgment granted in defendants’ favor.
CIVIL PRACTICE Verdicts l Zero Damages l Objective Tests l Additur Junginger v. Betts DeFAX Case No. D63209 (Del. Super. April 9, 2008).
Additur in the amount of $13,500 was appropriate in the instant case, where the jury awarded plaintiff zero damages despite objective tests indicating that plaintiff suffered injury. Motion for new trial on damages granted, if additur not accepted.
REAL PROPERTY Liens l Mechanic’s Lien l Counterclaim l Repairs for Defective Work l Reimbursement Snow v. Map Construction DeFAX Case No. D63208 (Del. Super. April 9, 2008).
Where plaintiff was denied a mechanic’s lien due to defective work, where defendants had no contract with plaintiff and where defendants could advance no legal theory entitling them to recovery, defendants were not entitled to judgment on their counterclaim for reimbursement of the cost of repairing plaintiff’s defective work. Motion for judgment on counterclaim denied.
TORTS Negligence l Joint Tortfeasor Release l Third-party Defendant l Summary Judgment Roca v. Riley DeFAX Case No. D63210 (Del. Super. April 10, 2008).
The third-party defendant in this personal injury case was not entitled to summary judgment on the basis of a joint tortfeasor release he executed with the plaintiffs because there was no determination, as yet, that the third-party defendant was a joint tortfeasor. Motion for summary judgment denied.
UNEMPLOYMENT COMPENSATION Voluntary Termination l Good Cause l Employer’s Handbook l Remedies Abbasi v. Oscar A. Fuller Co. DeFAX Case No. D63205 (Del. Super. March 26, 2008).
Claimant did not meet her burden of proving good cause for quitting her job where she failed to exhaust all remedies set forth in employer’s handbook before resigning. Affirmed.
TORTS Animals l Dog at Large l 7 Del. C. § 1705(a) l Negligence Per Se Harvey v. Owens DeFAX Case No. D63207 (Del. Com. Pl. April 1, 2008).
Where defendant was negligent per se in violating 7 Del. C. § 1705(a) by allowing his dog to run at large, defendant was liable to plaintiffs, whose dog was attacked and who suffered injuries themselves when they tried to separate the two animals. Judgment for plaintiffs.
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