Opinions Digested in Delaware Law Weekly for the Issue of
ALTERNATIVE DISPUTE RESOLUTION Arbitration • Delaware Uniform Arbitration Act • Applicability Personnel Decisions, Inc. v. Business Planning Systems, Inc. DeFAX Case No. D63263 (Del. Ch. May 5, 2008).
Although the arbitration clause in the parties’ agreement did not meet the literal requirements of the Delaware Uniform Arbitration Act, the court applied the DUAA since the parties unambiguously demonstrated through their course of performance that they believed they were subject to the DUAA. Motions decided.
BUSINESS LAW Mergers and Acquisitions • Short-form Merger • Disclosure Violations • Remedy Berger v. Pubco Corp. DeFAX Case No. D63261 (Del. Ch. May 30, 2008).
A quasi-appraisal remedy that followed the contours of Gilliland v. Motorola, Inc. was appropriate in this case, which alleged disclosure violations in a notice of short-form merger. Motions for summary judgment decided.
CIVIL PRACTICE Jurisdiction • German Limited Liability Company • Products Liability Case • 10 Del C. § 3104 Crane v. Home Depot, Inc. DeFAX Case No. D63265 (Del. Super. May 30, 2008).
The exercise of personal jurisdiction over a German limited liability company in this products liability case was proper where there was a sufficient basis for “dual jurisdiction,” which arises when 10 Del. C. § 3104(c)(1) and 10 Del. C. § 3104(c)(4) are partially satisfied. Motion to dismiss denied.
LAND USE AND PLANNING Subdivision • Open Space Designation • Building Lot • Jurisdiction Liborio L.P. v. Sussex Cty. Planning & Zoning Comm’n DeFAX Case No. D63267 (Del. Super. May 30, 2008).
The county planning and zoning commission lacked jurisdiction to decide an application seeking to revise the designation of an open space parcel in a subdivision into a building lot. Reversed.
TORTS Negligence • Negligent Supervision • Propensity for Dangerous Conduct • Prior Knowledge Matthews v. Booth DeFAX Case No. D63262 (Del. Super. May 22, 2008).
Defendant-employer was not liable to plaintiff for negligent supervision where there was no evidence that defendant knew or should have known of its employee’s propensity to engage in the type of tortious conduct that caused plaintiff’s injuries. Motion for summary judgment granted.
UNEMPLOYMENT COMPENSATION Eligibility • Termination • Tardiness • Uneven Discipline Moore v. Utility Lines Construction, DeFAX Case No. D63266 (Del. Super. May 30, 2008).
In concluding that claimant was not entitled to unemployment compensation benefits, the Unemployment Insurance Appeal Board committed a factual error when it said that the record failed to show that others came late and were not disciplined. Reversed and remanded.
CIVIL PRACTICE Standing • Insurance Broker’s Claim • Minimum Earned Premium • Voluntary Payment MSDIS/PLI-Zutz v. Abboud DeFAX Case No. D63264 (Del. Com. Pl. May 14, 2008).
Plaintiff-insurance broker lacked standing to bring a claim against defendant-insured to recover a minimum earned premium where plaintiff paid the insurance carrier the premium voluntarily. Judgment for defendant.
MOTOR VEHICLES Driving Under the Influence • Probable Cause • Field Sobriety Tests • Performance Soukup v. Division of Motor Vehicles DeFAX Case No. D63268 (Del. Com. Pl. June 5, 2008).
Probable cause to arrest petitioner on suspicion of DUI existed where petitioner did not perform well on two out of three field sobriety tests, where the arresting officer detected an odor of alcohol about petitioner’s person and where petitioner admitted recently consuming alcohol at dinner. Affirmed.
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