Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Damages • Punitive Damages • Motor Vehicle Accident • Willful and Wanton Disregard Porter v. Turner DeFAX Case No. D63302 (Del. Supr. June 20, 2008).
Defendant in this personal injury suit was not entitled to a directed verdict on the issue of punitive damages where the jury could reasonably find that defendant operated his tractor trailer in willful and wanton disregard for the safety of others. Affirmed.
ENVIRONMENTAL LAW State Laws • Regulations • Horseshoe Crab Harvesting • Appeal • Mootness American Littoral Society, Inc. v. Bernie's Conchs, LLC DeFAX Case No. D63303 (Del. Supr. June 24, 2008).
The Supreme Court dismissed as moot applicant-intervenors' appeal from the Superior Court's order denying their motion to intervene for purpose of appeal because the question that the Superior Court had decided was moot in light of the promulgation of new regulations pertaining to horseshoe crab harvesting. Appeal dismissed as moot.
BUSINESS LAW Appraisal Action • Value Per Share • Computational Error • Rule 60(a) Crescent/Mach I Partnership, L.P. v. Dr Pepper Bottling Co. of Texas DeFAX Case No. D63306 (Del. Ch. June 4, 2008).
Two computational errors that the Court of Chancery made in a discounted cash flow analysis used for an appraisal action were clerical in nature and, therefore, amenable to correction under Court of Chancery Rule 60(a). Motion to correct two clerical mistakes granted.
BUSINESS LAW Mergers and Acquisitions • Merger • Challenge • Breach of Fiduciary Duties In re Transkaryotic Therapies, Inc. DeFAX Case No. D63300 (Del. Ch. June 19, 2008).
In this challenge to a merger consummated in 2005, defendants were entitled to summary judgment on plaintiffs' claim that they breached their duty of disclosure in connection with a proxy solicitation since it was now too late for the court to remedy any disclosure violations. Motions for summary judgment decided.
CIVIL PRACTICE Limitation of Action • Laches • Limitations Period • Tolling Whittington v. Dragon Group L.L.C. DeFAX Case No. D63305 (Del. Ch. June 6, 2008).
Defendants were not entitled to summary judgment based on the doctrine of laches since there were genuine issues of material fact as to whether the analogous three-year statute of limitations should be tolled. Motion for summary judgment denied.
CIVIL RIGHTS Section 1983 • Prisoner's Claims • Medical Care Cardone v. State of Delaware Dept. of Corrections DeFAX Case No. D63301 (Del. Ch. June 4, 2008).
Reading petitioner's submissions on allegedly deficient diagnostic care as an effort to bring a Section 1983 challenge based on the Eighth Amendment, the Court of Chancery determined that petitioner had not stated a viable claim because he challenged that care as being suboptimal. Injunctive relief denied.
WORKERS' COMPENSATION Termination of Benefits • Total Disability Benefits • Medical Expert Testimony Johnson v. Aramark DeFAX Case No. D63304 (IAB April 28, 2008).
Employer was entitled to termination of claimant's total disability benefits where the Industrial Accident Board accepted the testimony of employer's medical expert that claimant was capable of performing sedentary work. Petition to terminate benefits granted.
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