This Weeks Cases

Delaware Superior Court

Paitsel v. State of Delaware, DeFAX Case No. D67180 (Del. Super. April 7, 2016) Clark, J. (22 pages).

Triable evidence was presented as to whether an employment discrimination plaintiff presented her claim to her employer on or before the 120th day of allegedly discriminatory act. Defendants' motion for summary judgment granted in part and denied in part.


Delaware Court of Chancery

Underwriters At Lloyd's London v. DynCorp, DeFAX Case No. D67181 (Del. Ch. March 24, 2016) Jurden, V.C. (sitting by designation) (27 pages).

Plaintiff insuror's earlier amendments to prayer for relief did not preclude reformation claims, which did not conflict with prior interpretations of provisions. Defendant's motion for summary judgment denied.


U.S. District Court of Delaware

Gunzl v. Stewart, DeFAX Case No. D67178 (D. Del. April 6, 2016) Robinson, J. (13 pages).

Plaintiff's claims were identical to claims earlier raised in state court, warranting dismissal on Rooker-Feldman grounds. Defendants' motion to dismiss granted.


Delaware Superior Court

Sarko v. City of Rehoboth Beach, DeFAX Case No. D67184 (Del. Super. Mar. 22, 2016) Stokes, J. (4 pages).

City was entitled to immunity pursuant to the County and Municipal Tort Claims Act (CMTA) in plaintiff's negligence suit arising after she tripped and fell while walking on a boardwalk; the court granted city's motion to dismiss the suit.


Delaware Superior Court

Midland Funding LLC v. Graves, DeFAX Case No. D67179 (Del. Super. April 7, 2016) LeGrow, J. (11 pages).

In an action to collect on defaulted credit card debt, the assignee failed to comply with a statutory notice requirement and failed to provide sufficient evidence of the assignment. Judgment affirmed court of common pleas decision denying admission of proffered evidence.


Delaware Superior Court

326 Assocs. LP v. Progressive Servs. Inc., DeFAX Case No. D67183 (Del. Super. March 29, 2016) Rocanelli, J. (7 pages).

The court granted defendant's motion for summary judgment in plaintiff's breach of contract action arising from defendant's performance of electrical work at plaintiff's farmer's market, because the six-year statute of repose under 10 Del. C. §8127 had run and thus barred the suit.


U.S. District Court of Delaware

Evonik Degussa Gmbh v. Materia Inc., DeFAX Case No. D67177 (D. Del. April 6, 2016) Hillman, J. (10 pages).

A party's broad covenant not to sue mooted that party's later counterclaim for declaratory judgment based on inequitable conduct. Motion to dismiss counterclaim dismissed as moot.


Delaware Court of Chancery

Dieckman v. Regency GP LP, DeFAX Case No. D67182 (Del. Ch. March 29, 2016) Bouchard, C. (34 pages).

Common unitholder of limited partnership failed to state claim for relief in his complaint alleging limited partnership's general partner favored the its affiliates' interests in a merger, to the detriment of its unaffiliated unitholders, thus breaching contract. Limited partnership agreement precluded judicial review of the merger under Delaware law.