Opinions Digested in Delaware Law Weekly for the Issue of
CRIMINAL PRACTICE Sentencing • Resentencing • Jurisdiction • Fed.R.Crim.P. 35 United States v. Johns DeFAX Case No. D63292 (3d Cir. June 17, 2008).
The district court lacked jurisdiction to resentence defendant because it did not resentence defendant within the seven-day time limit set forth in Fed.R.Crim.P. 35. Vacated and remanded.
CRIMINAL PRACTICE Bivens Action • Section 1983 Claim • Inmate • Viability of Claims Lora-Pena v. Federal Bureau of Investigation DeFAX Case No. D63290 (3d Cir. June 10, 2008).
The district court erred in dismissing plaintiff-inmate's action asserting Bivens and Section 1983 claims on the basis of the U. S. Supreme Court's ruling in Heck v. Humphrey where the proceedings were only at the Rule 12(b)(6) stage. Vacated and remanded.
REAL PROPERTY Mortgages • Foreclosure • Defense • Assignment Abdullah-Bey v. Bank One DeFAX Case No. D63285 (Del. Supr. June 20, 2008).
Property owner's appeal from the entry of a default judgment in a mortgage foreclosure action lacked merit because property owner failed to present a valid defense based on a purported assignment of the debt. Affirmed.
BUSINESS LAW Corporate Governance • LLC • Two Members • LLC Agreement • Answer • Hiring of Counsel Maitland v. Int'l Registries, LLC DeFAX Case No. D63291 (Del. Ch. June 6, 2008).
Given the language used in the limited liability company agreement and given the two-member structure of the LLC itself, the Court of Chancery determined that one member of the LLC was unable to file an answer to the complaint and to hire counsel on behalf of the LLC. Motions decided.
CIVIL PRACTICE Attorney Fees • Reasonableness • Reductions Made Carpenter v. Dinneen, DeFAX Case No. D63289 (Del. Ch. June 3, 2008).
Petitioner was entitled to an award of attorney fees, although in an amount somewhat reduced from the figure sought. Application for attorney fees and expenses granted.
CONTRACTS Breach • Construction Contract • Evidence Gunzl v. Veltre DeFAX Case No. D63288 (Del. Com. Pl. May 22, 2008).
In this case alleging breach of an oral contract, defendant was entitled to judgment in his favor where plaintiff failed to prove that any deficiencies in defendant's portion of certain construction work resulted in the breach of an obligation that resulted in damages. Judgment for defendant.
WORKERS' COMPENSATION Disability • Total Disability Benefits • Termination • Medical Evidence Savina v. Sheridan Ford DeFAX Case No. D63286 (IAB Aug. 21, 2007).
Claimant was no longer entitled to total disability benefits where both parties' medical experts testified that he was physically capable of working in some capacity. Petition to terminate benefits granted.
WORKERS' COMPENSATION Impairment • Permanent Impairment • Spinal Areas • Shoulder * Medical Evidence Santiago v. Sodexho, Inc. DeFAX Case No. D63287 (IAB Aug. 23, 2007).
Given the medical evidence presented, claimant was entitled to an award of benefits for the permanent impairment of areas of her spine and of her right shoulder. Petition to determine additional compensation due granted.
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