Opinions Digested in Delaware Law Weekly for the Issue of
APPEALS Interlocutory Appeal Refusal Supreme Court Rule 42(b) Wilmington Steel Processing Co. v. Concord Steel, Inc. DeFAX Case No. D63241 (Del. Supr. May 7, 2008).
The Supreme Court refused Wilmington Steel Processing Co.’s application for interlocutory review of an order granting Concord Steel Inc.’s application for a preliminary injunction because the application did not meet the requirements of Supreme Court Rule 42(b). Interlocutory appeal refused.
LEGAL PROFESSION Bar Admission Bar Examination Partial Certification of Qualifications Papadima v. Board of Bar Examiners DeFAX Case No. D63240 (Del. Supr. May 6, 2008).
Because petitioner never applied to an ABA-approved law school for a juris doctor degree, the board of bar examiners was not authorized to consider whether her pre-law education met the requirements of Supreme Court Rule 52. Affirmed.
BUSINESS LAW Mergers and Acquisitions Asset Purchase Agreement Noncompetition Provision Injunction Concord Steel, Inc. v. Wilmington Steel Processing Co. DeFAX Case No. D63244 (Del. Ch. April 3, 2008).
Plaintiff was entitled to a preliminary injunction where it demonstrated a likelihood of success on the merits of its breach of contract claim premised upon the noncompetition provision of an asset purchase agreement. Motion for preliminary injunction granted.
CIVIL PRACTICE Trial Administration Stay of Execution of Judgment Pending Appeal Supersedeas Bond Gates v. Texaco, Inc. DeFAX Case No. D63237 (Del. Super. May 2, 2008).
Defendant was not entitled to a stay of execution of judgment pending appeal unless it posted a supersedeas bond. Motion to stay execution of judgment pending appeal without the requirement of a bond decided.
INSURANCE LAW Regulation Unfair Trade Practices 18 Del. C. § 2304 (16)(c) Violation BCBSD, Inc. v. Denn DeFAX Case No. D63242 (Del. Super. April 22, 2008).
Insurer was afforded due process to defend against an alleged violation of 18 Del. C § 2304(16)(c), a new claim that arose out of evidence given during a hearing held on other alleged violations of Section 2304(16), and substantial evidence supported the commissioner’s finding that insurer had violated Section 2304(16)(c). Affirmed.
CREDITORS’ AND DEBTORS’ RIGHTS Suit on Note Landlord-Tenant Matter Summary Judgment Milford Professional Plaza, L.L.C. v. Harris-Chin DeFAX Case No. D63243 (Del. Com. Pl. April 28, 2008).
Where there was no genuine issue of material fact, plaintiff-landlord was entitled to summary judgment in this civil action filed against defendants for the balance due on a promissory note. Motion for summary judgment granted.
WORKERS’ COMPENSATION Disability Entitlement to Benefits Doctor’s Orders Dorsey v. Richard Moore Construction DeFAX Case No. D63239 (IAB March 27, 2008).
Claimant forfeited his right to compensation where the evidence indicated that claimant was injured as a result of his own deliberate and reckless indifference to danger because he disobeyed his doctor’s orders. Petition to determine compensation due denied.
WORKERS’ COMPENSATION Termination of Benefits Partial Disability Benefits Evidence Schneider v. Quality Finishers, Inc. DeFAX Case No. D63238 (IAB March 11, 2008).
The Industrial Accident Board denied employer’s petition for termination of claimant’s partial disability benefits where employer failed to satisfy its burden of demonstrating that claimant’s incapacity had diminished. Petition for termination of benefits denied.
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