This Weeks Cases

Delaware Court of Chancery

Cyber Holding LLC v. CyberCore Holding Inc., DeFAX Case No. D66951 (Del. Ch. July 9, 2015) Noble, V.C. (9 pages).

The court denied defendant's motion for summary judgment in plaintiff's action seeking tax-related payments under a stock purchase agreement, because the contract at issue was ambiguous and each party's interpretation appeared reasonable.

D66951

Practice Areas: Contracts , Interpretation , Business Entities , Civil Procedure

Delaware Court of Chancery

Sequoia Presidential Yacht Grp. LLC v. FE Partners, LLC, DeFAX Case No. D66950 (Del. Ch. July 30, 2015) Glasscock, V.C. (25 pages).

An independent fact-finder complied with the court's interim judgment order, did not show bias toward either side, and did not overlook key tax and other factual issues in arriving at his determination. Order directing purchaser to exercise its option within the agreed-upon period of time in accordance with the fact-finder's determination of contingent liabilities.

D66950

Practice Areas: Contracts , Breach , Performance , Commercial Law , Sales

Delaware Court of Chancery

Andrikopoulos v. Silicon Valley Innovation Co., LLC, DeFAX Case No. D66947 (Del. Ch. July 30, 2015) Parsons, V.C. (15 pages).

In Delaware receiverships, advancement claims should be treated on par with claims of other unsecured creditors and paid pro rata; they are not entitled to priority as administrative expenses. Order finding that advancement claims for legal fees and expenses not entitled to administrative priority.

D66947

Practice Areas: Creditors

Delaware Court of Chancery

Jagodzinski v. Silicon Valley Innovation Co., LLC, DeFAX Case No. D66949 (Del. Ch. Aug. 7, 2015) Parsons, V.C. (28 pages).

Counsel: John Hendershot, Susan Hannigan, Richards, Layton & Finger, P.A., Wilmington DE, attorneys for plaintiff; Michael Weidinger, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington DE, attorneys for receiver Bram Portnoy.

D66949

Practice Areas: Securities and Federal Corporate Law , Securities Fraud , Corporate Governance/Compliance

Delaware Court of Chancery

City of Providence v. Dimon, DeFAX Case No. D66948 (Del. Ch. July 29, 2015) Parsons, V.C. (30 pages).

A derivative law suit against JP Morgan Chase directors alleging breach of fiduciary duty through failures of oversight presented the same issues raised in earlier, dismissed New York cases and was therefore barred by res judicata under New York law. Order granting defendants' motion to dismiss.

D66948

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Civil Procedure , Judgments , Banking and Financial Institutions

Delaware Superior Court

Dixon v. Batson, DeFAX Case No. D66946 (Del. Super. July 30, 2015) Young, J. (9 pages).

Pretrial disclosures of medical experts were insufficient for failure to provide specific information on their opinions, the bases for their opinions, and their curricula vitae. Defendant's motion for reconsideration of commissioner's order on discovery granted.

D66946

Practice Areas: Civil Procedure , Discovery , Evidence , Expert Witnesses , Torts , Personal Injury

Delaware Superior Court

Muho v. Wilmington Trust NA, DeFAX Case No. D66953 (Del. Super. July 8, 2015) Davis, J. (5 pages).

Although plaintiff's pro se complaint contained claims not warranted by existing law and allegations the evidence did not support, to the best of his knowledge, his claims were warranted, and the evidence supported his allegations. Civil Rule 11 sanctions were not appropriate.

D66953

Practice Areas: Civil Procedure , Motion Practice , Contracts , Torts

Delaware Superior Court

Maravilla-Diego v. MBM Constr. II LLC, DeFAX Case No. D66952 (Del. Super. July 21, 2015) Wallace, J. (21 pages).

After he was injured while working for an employer that did not carry workers' compensation insurance, plaintiff elected to pursue compensation under the workers' compensation framework, rather than through a claim for damages at law. IAB dismissal constituted final judgment.

D66952

Practice Areas: Social Services Law , Workers

Third Circuit

In re SemCrude L.P., DeFAX Case No. D66942 (3d Cir. Aug. 5, 2015) Fisher, J. (24 pages).

State court claims against a corporation's founder for fraud, negligent misrepresentation and breach of fiduciary duty were related to and derived from claims already asserted and finally settled in bankruptcy court proceeding. Bankruptcy court order reversed.

D66942

Practice Areas: Bankruptcy , Securities and Federal Corporate Law , Shareholder Rights , Contracts , Breach

U.S. District Court of Delaware

Phunware, Inc. v. Excelmind Grp. Ltd., DeFAX Case No. D66944 (D. Del. July 30, 2015) Robinson, J. (26 pages).

Counsel: Bradley Sorrels, Ian Liston, Jessica Montellese, Wilson Sonsini Goodrich & Rosati, P.C., attorneys for plaintiffs; Clayton Athey, Eric J. Juray, Prickett, Jones, and Elliott, P.A., Howard Privette, Edward Han, Paul Hastings LLP, William Johnston, Mary Dugan, Young, Conaway, Stargatt & Taylor LLP, attorneys for defendants.

D66944

Practice Areas: Contracts , Breach , Civil Procedure , Jurisdiction and Service of Process

Delaware Court of Chancery

Noble v. Markell, DeFAX Case No. D66943 (Del. Ch. July 30, 2015) Ayvazian, M.C. (8 pages).

Inmate's pro se motion to disqualify the judge and motion to stay an order revoking his in forma pauperis status in his lawsuit against certain government officials were meritless.

D66943

Practice Areas: Civil Procedure , Motion Practice , Pre-trial Procedure

Delaware Court of Chancery

Adler v. Upper N.Y. Inv. Co. LLC, DeFAX Case No. D66940 (Del. Ch. July 2, 2015) Noble, V.C. (9 pages).

Plaintiff's claim that defendants' wrongful and conspiratorial activities occurred primarily in Ecuador warranted justified granting her jurisdictional discovery in order to develop a basic showing of wrongful conduct and to learn who the participants in the alleged conspiracy were.

D66940

Practice Areas: Civil Procedure , Discovery , Jurisdiction and Service of Process , Evidence

Delaware Court of Chancery

Capella Holdings, Inc. v. Anderson, DeFAX Case No. D66939 (Del. Ch. July 8, 2015) Noble, V.C. (24 pages)

Corporation's founder and former director failed to plead facts showing that recapitalization was unfair to him, but further factual determinations were necessary to determine whether contract rights and rights associated with stock ownership were breached. Counterclaim defendants' motion to dismiss granted in part.

D66939

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights , Contracts , Breach

Delaware Court of Chancery

Blansfield v. Alumni Ass'n of Arizona State Univ., DeFAX Case No. D66938 (Del. Ch. July 31, 2015) Parsons, V.C. (14 pages).

The court denied defendants' motion for summary judgment in plaintiff's action seeking a declaration that she was entitled to the proceeds of decedent's individual retirement account, because material issues of fact remained as to whether decedent had the requisite intent and substantially complied with the requirements to change the beneficiary designation to plaintiff.

D66938

Practice Areas: Trusts and Estates , Civil Procedure , Motion Practice , Labor and Employment , Employee Benefits , Pensions and Other Retirement Benefits

Delaware Superior Court

DeSantis v. Donegal Mut. Ins. Co., DeFAX Case No. D66941 (Del. Super. July 22, 2015) Rocanelli, J. (7 pages).

The court granted plaintiff's motion in limine to determine the net loss of earnings insurer was required to pay under 21 Del. C. §2118 after plaintiff, a sole proprietor, was injured in a car wreck and unable to work, finding that the net loss of earnings should be calculated by subtracting the necessary business expenses from plaintiff's gross income as provided in his tax return.

D66941

Practice Areas: Insurance Law , Policy Terms , Civil Procedure , Motion Practice

Delaware Superior Court

Verrastro v. Bayhealth Med. Ctr., Inc., DeFAX Case No. D66945 (Del. Super. July 24, 2015) Wallace, J. (13 pages).

18 Del.C. §6856(4) notices of intent to investigate possible medical malpractice met statutory requirements where the names of potential defendants, though not stated in the body of the notice, were each stated at the top of each individual notice as addressees to whom the notices were sent. Defendants' motions to dismiss denied.

D66945

Practice Areas: Medical Malpractice , Civil Procedure , Statute of Limitations , Health Law

Delaware Court of Chancery

Keenwick W. Prop. Owners Ass'n v. Matheos, DeFAX Case No. D66937 (Del. Ch. June 9, 2015) Glasscock, V.C. (4 pages).

The court denied plaintiff's request for a temporary restraining order in a dispute between a homeowners association and homeowners over the placement of the homeowners' boat lifts, because, on balance, the equities did not favor entry of a TRO.

D66937

Practice Areas: Civil Procedure , Residential and Commercial Real Estate

Delaware Court of Chancery

REDUS Peninsula Millsboro, LLC v. Mayer, DeFAX Case No. D66934 (Del. Ch. July 13, 2015) Noble, V.C. (24 pages).

Homeowners satisfactorily stated claims that, with respect to a mandatory agreement under which they paid the residential development's manager monthly fees for telecommunications services substantially in excess of amounts actually paid to the services provider, a dispute challenging the fee was subject to arbitration under the agreement, and the successors in interest to the original developer were subject to fiduciary duty claims. Motions for summary judgment and dismissal denied.

D66934

Practice Areas: Residential and Commercial Real Estate , Contracts , Breach

Delaware Court of Chancery

Mannix v. PlasmaNet, Inc., DeFAX Case No. D66933 (Del. Ch. July 21, 2015) Bouchard, C. (15 pages).

Counsel: Ronald Brown, Marcus Montejo, John Day, Prickett, Jones & Elliott, P.A., Wilmington DE, attorneys for petitioner; Martin Lessner, Elena Norman, Paul Loughman, Young Conaway Stargatt & Taylor, LLP, Wilmington DE, Alan Noskow, Manatt, Phelps & Phillips LLP, Washington DC, attorneys for respondent.

D66933

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights

Delaware Court of Chancery

In re Gen. Motors Co. Deriv. Litig., DeFAX Case No. D66932 (Del. Ch. June 26, 2015) Glasscock, V.C. (46 pages).

Counsel: Robert Katzenstein, David Jenkins, Smith Katzenstein & Jenkins LLP, Wilmington DE, Robert Goldberg, Biggs and Battaglia, Wilmington DE, Nancy Kaboolian, Abbey Spanier, LLP, New York NY, Robert Harwood, Daniella Quitt, Samuel Rosen, Harwood Feffer LLP, New York NY, Gary Graifman, Reginald Rutishauser, Kantrowitz, Goldhamer & Graifman, P.C., Chestnut Ridge NY, Peter Safirstein, Domenico Minerva, Elizabeth Metcalf, Morgan & Morgan, P.C., New York NY, attorneys for plaintiffs; William Lafferty, Susan Waesco, Lauren Neal, Morris Nichols Arsht & Tunnell LLP, Wilmington DE, Lisa Schmidt, Robert Burns, Richards, Layton & Finger, P.A., Wilmington DE, Robert Kopecky, Joshua Rabinovitz, Kirkland & Ellis LLP, Chicago IL, attorneys for defendants.

D66932

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Torts , Damages , Punitive

Delaware Court of Chancery

IMO Last Will and Testament of Kittila, DeFAX Case No. D66931 (Del. Ch. June 24, 2015) LeGrow, M.C. (10 pages).

An unsuccessful will contestant was entitled to seek attorney fees and costs based on (1) a prima facie case that the will was invalid for lack of testamentary capacity and (2) exceptional circumstances surrounding an unexpected alteration of the previous testamentary scheme. Contestant's motion to be allowed to petition for attorney's fees and costs recommended.

D66931

Practice Areas: Trusts and Estates

Delaware Superior Court

Peterson v. 21st Century Centennial Ins. Co., DeFAX Case No. D66935 (July 9, 2015) Scott, J. (17 pages).

The court granted defendant insurer's partial motion to dismiss in claimant's suit arising out of the termination of claimant's personal injury protection benefits.

D66935

Practice Areas: Insurance Law , Bad Faith , Civil Procedure , Motion Practice , Standing

Delaware Superior Court

Buckley v. State Farm Mut. Auto. Ins. Co., DeFAX Case No. D66930 (Del. Super. July 27, 2015) Clark, J. (17 pages).

A student who was struck and injured by a car while crossing a road to board a school bus, at the direction of the bus driver, was entitled to personal injury protections benefits from the automobile policy insuring the school bus. Defendant's motion for summary judgment denied.

D66930

Practice Areas: Insurance Law , Automotive , Policy Terms , Education Law

Delaware Superior Court

Crouse v. Hy-Point Dairy Farms Inc., DeFAX Case No. D66936 (July 22, 2015) Stokes, J. (20 pages).

The Industrial Accident Board correctly calculated claimant's workers' compensation rates by excluding the amount of partial disability payments he received in the 22 weeks he actually worked prior to his injury.

D66936

Practice Areas: Social Services Law , Workers

U.S. District Court of Delaware

In re WCI Cmties., Inc., DeFAX Case No. 66925 (D. Del. July 22, 2015) Sleet, J. (14 pages).

Bankruptcy creditors could not be held to a method for determining when claims arose that deprived those creditors of notice and an opportunity to be heard. District court order affirming bankruptcy court order.

Practice Areas: Bankruptcy , Creditors

U.S. District Court of Delaware

West v. Emig, DeFAX Case No. D66922 (D. Del. July 24, 2015) Sleet, J. (13 pages).

A state prisoner adequately alleged §1983 claims against prison authorities based on allegations he was repeatedly denied a mattress for extended periods. Defendants' motion for summary judgment granted in part and denied in part.

D66922

Practice Areas: Civil Rights , Constitutional Law

Delaware Court of Chancery

CVD Equip. Corp. v. Dev. Specialists, Inc., DeFAX Case No. D66923 (Del. Ch. July 8, 2015) Glasscock, V.C. (8 pages).

In a breach of contract dispute arising from a purchase contract between the seller and an assignee of the buyer as to whether the arbitrator had jurisdiction to hear the matter, the scope of the breach of contract provision was broad enough to confer jurisdiction on the arbitrator, thereby depriving the chancery court of jurisdiction to decide arbitrability. Order granting assignee's motion to dismiss.

D66923

Practice Areas: Alternative Dispute Resolution , Contracts , Breach , Civil Procedure , Jurisdiction and Service of Process

Delaware Court of Chancery

Kan-Di-Ki, LLC v. Suer, DeFAX Case No. D66926 (Del. Ch. July 22, 2015) Parsons, V.C. (84 pages).

Confidentiality and non-competition covenants were enforceable under Delaware law, and facts presented at trial established plaintiff's entitlement to injunctive relief from further prohibited activity by defendant. Post-trial factual determination awarding injunctive relief, and awarding fees and costs for pursuing motion for sanctions.

D66926

Practice Areas: Contracts , Breach , Performance

Delaware Court of Chancery

In re AbbVie Inc. S'holder Deriv. Litig., DeFAX Case No. D66924 (Del. Ch. July 21, 2015) Glasscock, V.C. (15 pages).

Claimed harm to spinoff company resulting from transfer of liabilities was too tenuous to warrant granting equitable standing to spinoff company's stockholders seeking to pursue derivative claims against parent company board directors. Order granting defendants' motion to dismiss.

D66924

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Shareholder Rights

Delaware Superior Court

Deere & Co. v. Exelon Generation Acquisitions LLC, DeFAX Case No. D66928 (Del. Super. July 13, 2015) Johnston, J. (6 pages).

In a dispute stemming from a purchase agreement, the court granted plaintiff's motion for reargument after the court dismissed plaintiff's breach of the implied covenant of good faith and fair dealing and unjust enrichment claims and denied plaintiff's motion to dismiss defendant's counterclaims for recoupment and unjust enrichmentt.

D66928

Practice Areas: Civil Procedure , Motion Practice , Contracts

Delaware Superior Court

MacFadyen LLC v. Scotto's Pastabilities II Inc., DeFAX Case No. D66927 (Del. Super. July 8, 2015) Butler, J. (8 pages).

The court denied defendants' motion to dismiss plaintiff's amended complaint asserting claims for breach of contract, fraudulent inducement, intentional misrepresentation and civil conspiracy arising out of the sale of a business, which included equipment and furnishings that defendants did not actually own.

D66927

Practice Areas: Contracts , Breach , Fraud (Contracts) , Civil Procedure , Motion Practice

Third Circuit

Arrowpoint Capital Corp. v. Arrowpoint Asset Mgmt., LLC, DeFAX Case No. D66918 (3d Cir. July 16, 2015, per curiam (36 pages).

In rejecting trademark infringement claims, a district court applied an overly narrow interpretation of the kind of confusion that is actionable under the Lanham Act. Order vacating and remanding a district court order denying a motion for preliminary injunction.

D66918

Practice Areas: Intellectual Property , Trademarks , Infringement (Trademark) , Civil Procedure , Motion Practice

U.S. District Court of Delaware

Quest Integrity USA, LLC v. Clean Harbors Indus. Servs., Inc., DeFAX Case No. D66920 (D. Del. July 8, 2015) Robinson, J. (11 pages).

Texas-based Delaware corporate defendants failed to show that considerations of mere convenience justified transferring patent infringement case to Texas. Order denying defendants' motion to transfer venue.

D66920

Practice Areas: Civil Procedure , Venue , Intellectual Property , Patents , Infringement (Patents)

U.S. District Court of Delaware

White v. Irwin, DeFAX Case No. D66917 (D. Del. July 8, 2015) Robinson, J. (19 pages).

A federal law enforcement officer might have deprived a plaintiff of substantive due process rights by disclosing investigation to his employer for the purpose of using the employer's investigative powers to supplement a Department of Justice investigation. Defendants' motion to dismiss granted in part and denied in part.

D66917

Practice Areas: Civil Rights , Constitutional Law , Labor and Employment , Hiring/Firing

Delaware Supreme Court

Del. Tech. & Cmty. Coll. v. Emory Hill & Co., DeFAX Case No. D66919 (Del. July 7, 2015) Valihura, J. (14 pages).

A trial court properly granted a motion to modify an earlier award of prevailing-party attorney fees, where the record supported a conclusion that the trial court was simply revisiting an issue that it had previously, and reasonably, believed the parties would resolve on their own. Affirmed.

D66919

Practice Areas: Contracts , Breach , Civil Procedure , Motion Practice

Delaware Court of Chancery

Doe v. Coupe, DeFAX Case No. D66916 (Del. Ch. July 14, 2015) Parsons, V.C. (16 pages).

The court of chancery had jurisdiction to hear a suit filed by previously convicted sex offenders seeking orders enjoining the state from requiring that they wear GPS locator ankle bracelets as a condition of probation. Order denying defendant's motion to dismiss.

D66916

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Constitutional Law , Civil Rights

Delaware Superior Court

Layne v. Gavilon Grain LLC, DeFAX Case No. D66921 (Del. Super. July 15, 2015) Davis, J. (6 pages).

The court denied plaintiff's motion for reargument and/or reconsideration of the denial of plaintiff's request to keep the record open for briefing until after defendant's deposition, as the evidence put forth in the motion did not present the type of materially significant evidence that would warrant re-opening the record for purposes of summary judgment.

D66921

Practice Areas: Civil Procedure , Motion Practice , Discovery , Pre-trial Procedure

Delaware Superior Court

Whipple v. Pepco Holdings Inc., DeFAX Case No. D66914 (Del. Super. July 16, 2015) Jurden, P.J. (14 pages).

The court dismissed for lack of subject matter jurisdiction a class action lawsuit against an electric company and its parent company alleging that defendants were charging an "unjust or unreasonable rate" for electrical power, because the suit was a challenge to a regulatory policy that fell within the exclusive subject matter jurisdiction of the Public Service Commission.

D66914

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Motion Practice , Public Utilities

Delaware Superior Court

Gutierrez v. Advanced Student Transp. Inc., DeFAX Case No. D66915 (Del. Super. July 14, 2015) Wharton, J. (20 pages).

Plaintiffs failed to plead facts to overcome school district's sovereign immunity in their negligence action arising after another child allegedly attacked plaintiff on a school bus.

D66915

Practice Areas: Torts , Liability , Immunity , Education Law

Third Circuit

Trinity Wall St. v. Wal-Mart Stores, Inc., DeFAX Case No. D66908 (3d Cir. July 6, 2015, per curiam (69 pages).

A Wal-Mart shareholder's request that the company's proxy materials include a proposal that the company develop and implement standards for use in deciding whether to continue selling high-capacity assault rifles was excludable as touching upon the company's ordinary business operations. Order reversing district court decision.

D66908

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights , Corporate Governance/Compliance

Delaware Supreme Court

Cooper v. Cooper, DeFAX Case No. D66912 (Del. June 22, 2015) Holland, J. (5 pages).

The family court's order requiring wife to transfer her interest in certain real property to husband following their divorce did not reflect the application of "equitable principles" because the family court failed to address the removal of wife's name from the loan on the property. Remanded.

D66912

Practice Areas: Family Law , Appellate Law - Civil , Residential and Commercial Real Estate

Delaware Supreme Court

Hill Int'l Inc. v. Opportunity Partners L.P., DeFAX Case No. D66907 (Del. July 2, 2015) Valihura, J. (20 pages).

Proxy statement's reference to anticipated annual meeting "on or about" a particular date did not constitute "prior public disclosure of the date" pursuant to the company's advance notice bylaws. Delaware Supreme Court affirmance of judgment.

D66907

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights , Corporate Governance/Compliance

Delaware Supreme Court

Stayton v. Del. Health Corp., DeFAX Case No. D66910 (Del. June 12, 2015) Seitz, J. (31 pages).

The collateral sources rule does not apply to health care provider billing amounts required to be written off by Medicare. Affirmed.

D66910

Practice Areas: Social Services Law , Medicare/Medicaid , Torts , Damages , Medical Malpractice

Delaware Court of Chancery

NewYork.com Internet Holdings, Inc. v. Entm't Benefits Grp., LLC, DeFAX Case No. D66909 (Del. Ch. July 8, 2015) Parsons, V.C. (24 pages).

Triable issues were presented as to whether plaintiff's conduct triggered defendant's contractual right to purchase plaintiff's interest in company. Order granting in part and denying in part plaintiff's motion to strike and denying plaintiff's motion to dismiss counterclaim for failure to state a claim.

D66909

Practice Areas: Contracts , Breach

Delaware Court of Chancery

AIU Ins. Co. v. Philips Elec. N. Am. Corp., DeFAX Case No. D66906 (Del. Ch. June 4, 2015) Noble, V.C. (30 pages).

After insurance coverage litigants reached a settlement agreement permitting the insurers to audit payments and distributions made to asbestos injury plaintiffs, a subsequent "cooperation agreement" between the defendants and a trust created to assume claim liabilities, reached as part of a bankruptcy reorganization plan, did not circumscribe the insurers' broad audit right. Insurers' motion for summary judgment granted in part.

D66906

Practice Areas: Insurance Law , Bankruptcy , Contracts

Delaware Superior Court

Rehoboth-By-The-Sea v. Baris, DeFAX Case No. D66913 (Del. Super. June 10, 2015) Stokes, J. (14 pages).

Defendants were not entitled to relief from the default judgment entered against them under either Rule 60(b)(1) or (6) because they failed to show excusable neglect or extraordinary circumstances.

D66913

Practice Areas: Civil Procedure , Judgments , Motion Practice , Landlord/Tenant Law

Delaware Superior Court

Meyers v. Intel Corp., DeFAX Case No. D66911 (Del. Super. June 11, 2015) Jurden, P.J. (6 pages).

Plaintiffs who alleged their child's birth defects were the proximate result of plaintiffs' exposure to toxic substances in defendant's workplace were not compelled to undergo medical examinations as requested by defendant. Defendant's motion to compel denied.

D66911

Practice Areas: Civil Procedure , Discovery , Motion Practice , Torts , Toxic Torts

Delaware Court of Chancery

Meyer Natural Foods LLC v. Duff, DeFAX Case No. D66901 (Del. Ch. June 4, 2015) Noble, V.C. (21 pages).

Combination of equities and impractibility of continuing business in accordance with company's purpose weighed in favor of dissolution of an LLC. Order granting petitioner's motion for partial summary judgment.

D66901

Practice Areas: Business Entities , Dissolution , LLCs and LLPS , Contracts , Breach

Delaware Court of Chancery

Partners Healthcare Solutions Holdings, L.P. v. Universal Am. Corp., DeFAX Case No. D66903 (Del. Ch. June 17, 2015) Glasscock, V.C. (24 pages)

Neither side breached a board membership seating agreement in a dispute over whether an entity in adversary litigation with a corporation could designate a director to the corporation's board. Defendant's motion for summary judgment granted.

D66903

Practice Areas: Securities and Federal Corporate Law , Mergers and Acquisitions , Contracts , Breach

Delaware Court of Chancery

In re Estate of Farren, DeFAX Case No. D66899 (Del. Ch. June 18, 2015) Ayvazian, M.C. (15 pages).

Executor of decedent's estate breached his duty by when he accepted his mother's claim against the estate for child support arrears without first obtaining a proper determination of the amount owed. Chancery master's recommendation that executor of decedent's estate be removed for breach of fiduciary duty and that petition to sell decedent's real property be dismissed without prejudice.

D66899

Practice Areas: Trusts and Estates

Delaware Court of Chancery

In re Trust Under Will of Flint, DeFAX Case No. D66900 (Del. Ch. June 17, 2015) Laster, V.C. (30 pages).

Trust beneficiaries offered no valid grounds for changing trust from traditional, trust-managed structure to one that would require trustee to take direction from investment advisor appointed by trust beneficiaries. Order denying petition to modify terms of trust.

D66900

Practice Areas: Trusts and Estates , Civil Procedure , Choice of Law

Delaware Superior Court

MSP Equip. Rental Inc. v. Gavilon Grain LLC, DeFAX Case No. D66902 (June 9, 2015) Davis, J. (5 pages).

The court granted defendant's motion to dismiss plaintiff's complaint seeking a declaration that defendant was responsible for the defense and indemnification of plaintiff in two separate personal injury actions, holding that res judicata barred the action.

D66902

Practice Areas: Civil Procedure , Motion Practice , Torts , Personal Injury

Delaware Superior Court

Charlotte Broad., LLC v. Davis Broad. of Atlanta, L.L.C., DeFAX Case No. D66898 (Del. Super. June 10, 2015) Carpenter, J. (24 pages)

A termination provision in an agreement between two radio broadcasting companies applied to permit a party to terminate the agreement following unanticipated difficulties in filing necessary FCC facilities modifications applications. Plaintiffs' motion for summary judgment granted in part.

D66898

Practice Areas: Contracts , Breach , Interpretation

Delaware Superior Court

Tracey v. State Farm Mut. Auto. Ins. Co., DeFAX Case No. D66905 (June 23, 2015) Cooch, R.J. (11 pages).

Insurer did not breach any statutory duty to offer uninsured/underinsured coverage to policy holder when she changed her automobile insurance policy and reformation of the policy was thus not warranted.

D66905

Practice Areas: Insurance Law , Policy Terms , Automotive , Torts , Motor Vehicles

Courts of Common Pleas

Smentkowski v. Aguilera, DeFAX Case No. D66904 (C.P. New Castle June 5, 2015) Rennie, J. (7 pages).

In a negligence action arising out of an automobile collision, defendant was negligent per se, but found plaintiff 50 percent negligent in causing the collision and thus awarded him 50 percent of his total amount of damages.

D66904

Practice Areas: Torts , Motor Vehicles , Affirmative Defenses , Contributory Negligence , Causation

U.S. District Court of Delaware

Carley v. Colvin, DeFAX Case No. D66890 (D. Del. June 26, 2015) Andews, J. (18 pages).

Social security ALJ erred in discounting opinion of disability applicant's treating physician. Plaintiff's motion for summary judgment granted.

D66890

Practice Areas: Social Services Law , Social Security Compensation , Administrative Law

U.S. District Court of Delaware

Freeman v. Astrue, DeFAX Case No. D66893 (D. Del. June 16, 2015) Sleet, J. (13 pages).

Substantial evidence supported ALJ's conclusion that disability claimant knew or should have realized he was not entitled to cash disability checks were sent to him as a result of clerical error after he was no longer disabled and had resumed full-time employment. Defendant's motion for summary judgment granted.

D66893

Practice Areas: Social Services Law , Social Security Compensation

Delaware Supreme Court

NAF Holdings, LLC v. Li & Fung (Trading) Ltd., DeFAX Case No. D66894 (Del. June 24, 2015) Strine, C.J. (10 pages)

Under Delaware law, a party to a commercial contract who sues to enforce its contractual rights can bring a direct contract action. Delaware Supreme Court decision answering certified question of law posed by the Second Circuit Court of Appeals.

D66894

Practice Areas: Contracts , Breach , Securities and Federal Corporate Law , Shareholder Derivative Suits

Delaware Court of Chancery

CMS Inv. Holdings, LLC v. Castle, DeFAX Case No. D66891 (Del. Ch. June 23, 2015) Parsons, V.C. (63 pages).

Complaint adequately alleged that defendants who sold their successful administrative services businesses to an investor engaged in self-serving financial activities that ultimately ushered the company into insolvency, breaching contractual obligations and fiduciary duties. Defendants' motions to dismiss denied and granted in part.

D66891

Practice Areas: Contracts , Breach , Fraud (Contracts) , Securities and Federal Corporate Law , Shareholder Derivative Suits

Delaware Court of Chancery

Fehl v. Paolina, DeFAX Case No. D66896 (Del. Ch. June 17, 2015) LeGrow, M. (12 pages).

Petitioner failed to prove the value of her property at the time of transfer in support of her claim that the agreement to sell was unconscionable, thus the master in chancery declined to recommend that the court void or rescind the sale and instead found that respondent was the rightful owner.

D66896

Practice Areas: Contracts , Formation , Void Contracts , Residential and Commercial Real Estate

Delaware Superior Court

Commonwealth Land Title Ins. Co. v. Funk, DeFAX Case No. D66895 (Del. Super. June 17, 2015) Wallace, J. (10 pages).

In an indemnification action, the court denied defendants' motion to compel production of certain email communications between insurer's counsel and counsel insurer retained for its insureds in the underlying action giving rise to the indemnification action

D66895

Practice Areas: Civil Procedure , Discovery , Motion Practice , Evidence , Privileges

Delaware Superior Court

Delphi Petroleum v. Magellan Terminals Holdings, L.P., DeFAX Case No. D66892 (Del. Super. June 23, 2015) Wharton, J. (76 pages).

In a commercial contract and fraud dispute arising from charges billed to a petroleum products dealer by an marine terminal operator, plaintiff failed to state a claim as to fraudulent concealment, an uncertain record precluded judgment on defendant's statute of limitations defense to a claim of fraudulent billing, and plaintiff adequately pleaded a claim for fraud in the inducement. Motions for summary judgment granted and denied in part.

D66892

Practice Areas: Contracts , Fraud (Contracts) , Breach

Delaware Superior Court

Morabito v. Delaware Sleep Disorder Ctrs. LLC, DeFAX Case No. D66897 (Del. Super. June 23, 2015) Cooch, R. J., (5 pages).

The court denied defendant's motion to dismiss plaintiff's negligence action arising from her fall in a shower area of a sleep study suite, as the claim was sufficiently well-pleaded and discovery was needed.

D66897

Practice Areas: Torts , Premises Liability , Invitees , Damages , Civil Procedure , Motion Practice

U.S. District Court of Delaware

Adidas AG v. Under Armour, Inc., DeFAX Case No. D66884 (D. Del. June 15, 2015) Sleet, J. (9 pages).

Patent infringement plaintiff lacked standing where no showing was made that patents-in-suit were subject of contractual agreements and where most recent agreement effectively terminated plaintiff's claimed exclusive right to sell products made according to asserted patents. Defendants' motion to dismiss for lack of subject matter jurisdiction granted.

D66884

Practice Areas: Intellectual Property , Patents , Infringement (Patents) , Civil Procedure , Standing

U.S. District Court of Delaware

Continental Warranty, Inc. v. Warner, DeFAX Case No. D66885 (D. Del. June 5, 2015) Robinson, J. (9 pages).

Non-compete agreement contained in employment application did not establish enforceable contractual agreement not to compete. Motion for summary judgment granted in part and denied in part.

D66885

Practice Areas: Labor and Employment , Employment Contracts , Contracts , Formation

Delaware Supreme Court

Terex Corp. v. Southern Track & Pump, Inc., DeFAX Case No. D66886 (Del. June 16, 2015) Valihura, J. (22 pages)

A supplier's repurchase obligation under §2723(a) of the Dealer Statute is limited to new and unused inventory. Supreme Court decision answering certified question of law posed by Third Circuit.

D66886

Practice Areas: Commercial Law , Franchise Law , Contracts , Interpretation

Delaware Supreme Court

Brown v. Delaware, DeFAX Case No. D66882 (Del. June 17, 2015) Strine, C.J. (22 pages).

Sloppy evidence-handling practices and alleged criminal misconduct in state drug-testing center were not sufficient to counter overwhelming evidence defendant committed drug dealing and drug possession offenses. Affirmance of judgment of convictions.

D66882

Practice Areas: Criminal Law , Evidence , Admissibility , Constitutional Law

Delaware Supreme Court

Blue Hen Mech., Inc. v. Christian Bros. Risk Pooling Trust, DeFAX Case No. D66883 (Del. June 15, 2015) Strine, C.J. (22 pages)

Malicious prosecution claim not allowable where litigant in underlying case had good faith reason to bring initial claim, even if litigant should have come to understand it lacked good faith basis for maintaining its litigation. Affirmed.

D66883

Practice Areas: Torts , Civil Procedure , Motion Practice

Delaware Court of Chancery

De Vries v. Diamanté Del Mar LLC, DeFAX Case No. D66887 (Del. Ch. June 3, 2015) Legrow, M. (22 pages).

The master in chancery recommended that the court partially grant shareholders' motion to compel and order company to allow them to inspect certain documents identified as privileged, because shareholders showed that certain documents were necessary and essential to their stated purpose for inspection and there was good cause for inspection.

D66887

Practice Areas: Civil Procedure , Motion Practice , Evidence , Privileges , Business Entities , LLCs and LLPS

Delaware Superior Court

Stigler v. Jackson, DeFAX Case No. D66888 (Del. Super. June 4, 2015) Butler, J. (5 pages).

The court granted defendants' motion to dismiss the wrongful death action arising after decedent was killed in a car accident while in the course and scope of his employment, as Delaware's Workers' Compensation Act provides that the exclusive remedy for personal injuries sustained during the course of employment is worker compensation payments and no exception to the exclusivity provision applied.

D66888

Practice Areas: Torts , Wrongful Death , Social Services Law , Workers

Courts of Common Pleas

Zeisloft v. Mergenthaler, DeFAX Case No. D66889 (C.P. New Castle June 8, 2015) Rennie, J. (9 pages).

In appellee's breach of contract action arising out of unpaid storage fees, appellants failed to show that appellee materially breached the contract thereby excusing appellants' duty to perform; accordingly, appellants were not entitled to a set-off of the amount of damages owed.

D66889

Practice Areas: Contracts , Breach , Appellate Law - Civil , Landlord/Tenant Law

U.S. District Court of Delaware

Helios Software, LLC v. SpectorSoft Corp., DeFAX Case No. D66876 (D. Del. June 5, 2015) Stark, J. (19 pages).

Patent-infringement plaintiffs failed to establish that defendant committed discovery misconduct or spoliation of evidence, but defendant's counsel breached duty of candor to the court, warranting sanctions. Plaintiffs' motion for sanctions for alleged discovery misconduct, spoliation, and violation of court order granted in part and denied in part.

D66876

Practice Areas: Civil Procedure , Discovery , Evidence , Spoliation , Intellectual Property , Patents , Infringement (Patents)

U.S. District Court of Delaware

Holland v. Pierce, DeFAX Case No. D66877 (D. Del. June 11, 2015) Robinson, J. (22 pages).

Habeas petitioner failed to show that prosecutors engaged in misconduct by intimidating prosecution witness prior to trial and interfering with her trial testimony or that trial court violated defendant's confrontation rights by admitting witness's out-of-court statement with a proper foundation. Order denying application for habeas corpus relief.

D66877

Practice Areas: Criminal Law , Constitutional Law

Delaware Supreme Court

Holsey v. Hynes, DeFAX Case No. D66878 (Del. May 11, 2015) Strine, C.J. (12 pages).

The Superior Court properly denied appellant's motions to set aside a sheriff's sale and for new trial.

D66878

Practice Areas: Civil Procedure , Motion Practice , Residential and Commercial Real Estate , Creditors

Delaware Supreme Court

Milligan v. Delaware, DeFAX Case No. D66881 (Del. June 10, 2015) Vaughn, J. (19 pages).

Trial court properly admitted chain-of-custody documentation and blood test results in DUI trial. Affirmance of judgment.

D66881

Practice Areas: Criminal Law , Motor Vehicles (Criminal) , Evidence , Admissibility , Witnesses

Delaware Court of Chancery

Bancorp Bank v. Cross & Simon LLC, DeFAX Case No. D66875 (Del. Ch. May 8, 2015) Noble, V.C. (6 pages).

The court dismissed an action against a law firm in which plaintiff alleged conversion of settlement funds and requested declaratory relief, holding that the court lacked subject matter jurisdiction over the claims and that plaintiff should transfer the action to the Superior Court.

D66875

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Creditors

Delaware Court of Chancery

Akzo Nobel Coatings Inc. v. Dow Chem. Co., LLC, DeFAX Case No. D66874 (Del. Ch. June 5, 2015) Parsons, V.C. (29 pages)

In dispute between two chemical companies over patent rights to products created through joint development efforts, defendant could not show that its patent applications related only to particular category of products to which it had sole ownership rights. Defendant's motion to dismiss granted in part and denied in part.

D66874

Practice Areas: Intellectual Property , Patents , Infringement (Patents) , Contracts , Breach , Performance

Delaware Court of Chancery

In re Jefferies Group, Inc. S'holders Litig., DeFAX Case No. D66879 (Del. Ch. June 5, 2015) Bouchart, C. (15 pages)

Following settlement of several post-merger shareholders suits, Delaware counsel were found to be entitled to 23.5 percent of the gross value of the settlement, but New York counsel were not entitled to a share of the fee award. Order granting an application for an award of attorney fees and costs and denying a motion by out-of-state counsel for a share of the fee award.

D66879

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Civil Procedure , Settlement

Delaware Superior Court

Klinedinst v. CACH LLC, DeFAX Case No. D66880 (Del. Super. May 22, 2015) Bradley, J. (11 pages).

The evidence, including documentary evidence and testimony from an "other qualified witness," supported the conclusion that plaintiff credit card company owned defendant's credit card account.

D66880

Practice Areas: Banking and Financial Institutions , Creditors

U.S. District Court of Delaware

Maremont Corp. v. Ace Prop. & Cas. Ins. Co., DeFAX Case No. D66870 (D. Del. May 29, 2015) Andrews, J. (19 pages).

Determining proper application of Swiss insurance law required appointment of independent expert witness. Parties' motions for summary judgment affirmed in part and denied in part.

D66870

Practice Areas: Insurance Law , Policy Terms , Torts , Toxic Torts

Delaware Supreme Court

Wagner v. Wagner, DeFAX Case No. D66873 (Del. May 20, 2015) Vaughn, J. (7 pages).

The trial court did not abuse its discretion in denying husband's motion to reopen a stipulated settlement agreement in matters ancillary to his divorce.

D66873

Practice Areas: Civil Procedure , Settlement , Motion Practice , Family Law

Delaware Supreme Court

Hecksher v. Fairwinds Baptist Church, Inc., DeFAX Case No. D66868 (Del. May 21, 2015) Strine, C.J. (43 pages)

A reasonable jury could conclude that a school employee's gross negligence in failing to report a student's sexual abuse by a teacher could be imputed to the school on a theory of respondeat superior and also on a theory that the school's failure to implement preventative and remedial measures to protect students was a gross departure from the standard of care owed to students. Reversal of superior court judgment.

D66868

Practice Areas: Torts , Liability , Vicarious Liability , Intentional Torts , Assault , Education Law

Delaware Court of Chancery

CanCan Dev., LLC v. Manno, DeFAX Case No. D66866 (Del. Ch. May 27, 2015) Laster, V.C. (63 pages).

Would-be casino developer's diversion of unearned and undeserved capital from corporation, coupled with other disloyal and wasteful spending, constituted breach of loyalty, rendering her personally liable for her defalcations. Post-trial judgment finding that defendants, but not plaintiffs, breached duty of loyalty.

D66866

Practice Areas: Business Entities , Contracts , Breach , Securities and Federal Corporate Law , Due Diligence

Delaware Court of Chancery

AM Gen. Holdings LLC v. Renco Group Inc., DeFAX Case No. D66871 (Del. Ch. May 29, 2015) Noble, V.C. (11 pages).

The court denied the motion to designate another appraiser to value a limited liability company in a roughly year-long attempt to select an appraiser, finding that the fact that the appraiser shared clients with the law firm representing one party did not disqualify it.

D66871

Practice Areas: Business Entities , Valuation , Alternative Dispute Resolution , Arbitration (ADR)

Delaware Court of Chancery

East Balt LLC v. East Balt US, LLC, DeFAX Case No. D66867 (Del. Ch. May 28, 2015) Noble, V.C. (12 pages).

Chancery court had jurisdiction to hear a seller's request for specific performance of an asset purchase agreement and for an order directing the buyer to release funds held in escrow. Order denying defendants' motion to dismiss.

D66867

Practice Areas: Civil Procedure , Provisional Remedies , Judgments , Contracts , Performance

Delaware Court of Chancery

Int'l Ass'n of Firefighters, Local 1590 v. City of Wilmington, DeFAX Case No. D66869 (Del. Ch. May 15, 2015) Parsons, V.C. (24 pages).

Under the unambiguous terms of a collective bargaining agreement, the City of Wilmington was required to pay eight hours of additional pay to firefighters who were not scheduled to work on Mayor-declared holidays and who were not otherwise disqualified from receiving such compensation. Order reversing decision of the Public Employee Relations Board.

D66869

Practice Areas: Labor and Employment , Wages and Hours , Labor Law , Collective Bargaining Agreements

Delaware Court of Chancery

Ughetta v. Cist, DeFAX Case No. D66872 (Del. Ch. May 29, 2015) Ayvazian, M. (46 pages).

Petitioner failed to show a genuine issue of material fact on her claim that her sister, the successor trustee of their father's trust, should be removed for allege breaches of fiduciary duty; however, petitioner's claims did not violate the no-contest provision of the trust agreement.

D66872

Practice Areas: Trusts and Estates , Civil Procedure , Motion Practice

Delaware Court of Chancery

Blankenship v. Alpha Appalachia Holdings, Inc., DeFAX Case No. D66859 (Del. Ch. May 28, 2015) Bouchard, C. (67 pages).

A former CEO's written undertaking that he had no reasonable cause to believe he engaged in unlawful conduct was not a proper basis for the company to terminate his right to advancement of attorney fees and costs under the company's charter.

D66859

Practice Areas: Business Entities , Criminal Liability , Contracts , Breach

Delaware Court of Chancery

Flanagan v. Amon, DeFAX Case No. D66861 (Del. Ch. May 18, 2015) LeGrow, M.C. (16 pages).

Subdivision property owners' construction of a playhouse did not violate deed restrictions applying to "sheds" where the evidence established the structure at issue was used as a playhouse and an architectural review commission approved it by default. Chancery master's recommendation that court enter judgment in favor of respondents.

D66861

Practice Areas: Residential and Commercial Real Estate , Torts , Intentional Torts , Defamation

Delaware Court of Chancery

Mooney v. Echo Therapeutics, Inc., DeFAX Case No. D66864 (Del. Ch. May 28, 2015) Parsons, V.C. (31 pages)

A defendant corporation's amended counterclaim and amended affirmative defenses, made in response to an action filed against the company by a former officer, implicated the plaintiff's former corporate role as CEO and director, warranting advancement for the plaintiff's attorney fees. Plaintiff's motion for attorney fees granted.

D66864

Practice Areas: Securities and Federal Corporate Law , Securities Fraud

Delaware Superior Court

Johnson v. Sleepy's Holdings LLC, DeFAX Case No. D66862 (Del. Super. May 28, 2015) Scott, J. (7 pages).

The court partially denied defendant's motion for summary judgment in plaintiff's action for negligence, breach of express warranties, breach of the implied warranty of merchantability and breach of the implied warranty of fitness for a particular purpose arising out of the purchase of a mattress set that broke, allegedly resulting in plaintiff's injuries.

D66862

Practice Areas: Civil Procedure , Judgments , Torts , Personal Injury , Contracts , Warranties

Delaware Superior Court

Alberta Sec. Comm'n v. Ryckman, DeFAX Case No. D66858 (Del. Super. May 5, 2015) Johnston, J. (28 pages)

Under Delaware's Uniform Foreign-Country Money Judgment Recognition Act, an Arizona judgment that domesticated a Canadian judgment under a recognition procedure other than the UFCMJRA was entitled to full faith and credit in the Delaware courts. Motion to vacate judgment denied.

D66858

Practice Areas: Creditors

Delaware Superior Court

Thompson v. Sanders, DeFAX Case No. D66865 (Del. Super. May 14, 2015) Jurden, J. (33 pages).

In determining damages for plaintiffs' injuries, jury could properly disregard plaintiffs' expert medical opinions that were contradicted and based substantially on plaintiffs' subjective complaints. Orders granting in part and denying in part plaintiffs' separate motions for new trial or additur.

D66865

Practice Areas: Torts , Motor Vehicles , Evidence , Expert Witnesses , Damages

Courts of Common Pleas

Delaware v. Bell, DeFAX Case No. D66860 (C.P. New Castle April 23, 2015) Rennie, J. (14 pages).

The evidence was insufficient to find defendant guilty of driving under the influence of alcohol in violation of 21 Del. C. §4177, after the court declined to consider the results of an improperly administered intoxilyzer test.

D66860

Practice Areas: Criminal Law , Motor Vehicles (Criminal) , Evidence , Scientific Evidence , Admissibility

Courts of Common Pleas

Miller v. State Farm Fire & Cas., DeFAX Case No. D66863 (C.P. New Castle March 24, 2015) Danberg, J. (8 pages).

In a dispute between plaintiff and third-party defendant regarding their respective rights to the proceeds of an insurance policy, the court found that third-party defendant did not have an insurable interest in the property and was thus not entitled to any of the proceeds.

D66863

Practice Areas: Insurance Law , Residential and Commercial Real Estate , Contracts , Breach

U.S. District Court of Delaware

StrikeForce Techs., Inc. v. PhoneFactor, Inc., DeFAX Case No. D66854 (D. Del. May 26, 2015) Thynge, M.J. (13 pages).

Plaintiff offered no adequate explanation for delay in seeking to add defendant's parent company as additional defendant in patent infringement case. Order by magistrate judge recommending denial of motion to amend complaint.

D66854

Practice Areas: Civil Procedure , Motion Practice , Appellate Law - Civil , Standard of Review , Intellectual Property , Patents , Infringement (Patents)

U.S. District Court of Delaware

Davis v. McKool Smith PC, DeFAX Case No. D66857 (D. Del. May 15, 2015) Robinson, J. (8 pages).

The court transferred the case to a district court in the state of Texas, since venue was proper there and it appeared that plaintiff filed the action in Delaware in an effort to avoid orders entered in Texas courts that enjoined her from filing her action in those courts, based on her history of vexatious and abusive litigation.

D66857

Practice Areas: Civil Procedure , Venue , Labor and Employment , Discrimination

U.S. District Court of Delaware

Intellectual Ventures I LLC v. Toshiba Corp., DeFAX Case No. D66853 (D. Del. May 15, 2015) Robinson, J. (10 pages).

Patent infringement defendant failed to show good cause for partial stay of litigation after petitioning Patent Trial and Appeal Board to conduct inter partes review of several disputed patents. Motion for partial stay pending IPR denied.

D66853

Practice Areas: Intellectual Property , Patents , Infringement (Patents) , Civil Procedure , Motion Practice , Appellate Law - Civil , Standard of Review

U.S. District Court of Delaware

Brokenbrough v. Capitol Cleaners & Launderers, Inc., DeFAX Case No. D66850 (D. Del. May 19, 2015) Burke, M.J. (22 pages).

Title VII plaintiff's lengthy history of prior, unexcused absences from work, coming after employer's warning that further unexcused absences would result in termination, constituted a legitimate, non-discriminatory reason for firing him. Order granting defendant's motion for summary judgment.

D66850

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Race Discrimination

Delaware Supreme Court

Uribe v. Maryland Auto. Ins. Fund, DeFAX Case No. D66851 (Del. May 21, 2015) Vaughn, J. (11 pages).

Delaware's long-arm statute did not apply to a Maryland insurer where the claim of jurisdiction was based solely on an insured's involvement in a no-fault car accident in Delaware. Order affirming superior court judgment.

D66851

Practice Areas: Insurance Law , Automotive , Civil Procedure , Jurisdiction and Service of Process

Delaware Court of Chancery

Asbestos Workers Local 42 Pension Fund v. Bammann, DeFAX Case No. D66852 (Del. Ch. May 22, 2015) Glasscock, V.C. (52 pages).

Shareholder was equitably estopped from claiming demand futility where materially identical factual allegations had been adjudicated in two previous lawsuits in another state. Defendants' motion to dismiss granted.

D66852

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Securities Fraud

Delaware Superior Court

Anaqua Inc. v. Bullard, DeFAX Case No. D66855 (Del. Super. May 11, 2015) Manning, C. (9 pages).

The court partially granted third party's motion to quash portions of plaintiff's out-of-state subpoena, which third party argued improperly sought to obtain confidential trade secret information, in a lawsuit arising after plaintiff's employee terminated his employment with plaintiff and began working for third party in violation of a non-competition agreement.

D66855

Practice Areas: Intellectual Property , Trade Secrets , Civil Procedure , Discovery , Motion Practice

U.S. District Court of Delaware

Malone v. Air & Liquid Sys. Corp., DeFAX Case No. D66846 (D. Del. April 14, 2015) Fallon, J. (7 pages).

Because defendant relied on an affidavit that was extraneous to the pleadings in its motion to dismiss plaintiffs' asbestos-related personal injury action, the magistrate judge recommended that the court convert the motion to dismiss into a Rule 56 motion for summary judgment and give plaintiffs 30 days to submit any opposition to the motion.

D66846

Practice Areas: Civil Procedure , Motion Practice , Torts , Toxic Torts , Judgments

Delaware Supreme Court

Branch Banking and Trust Co. v. Eid, DeFAX Case No. D66843 (Del. May 4, 2015) Valihura, J. (10 pages).

Time for filing an appeal from a Superior Court judgment cannot be extended for failure to receive notice of entry of the judgment, where the failure is not attributable to court personnel. Order reversing Superior Court judgment and dismissing appeal.

D66843

Practice Areas: Appellate Law - Civil , Timeliness , Finality

Delaware Supreme Court

Sullivan v. Sullivan, DeFAX Case No. D66849 (Del. April 21, 2015) Vaughn, J. (11 pages).

Husband failed to show that factual findings used by family court to support placement of children with wife did not properly take into account wife's alleged drug use, adjustment disorder, and cohabitation with boyfriend with criminal record. Order affirming judgment in part and remanding for further proceedings.

D66849

Practice Areas: Family Law , Custody and Child Support

Delaware Court of Chancery

Quadrant Structured Prods. Co. v. Vertin, DeFAX Case No. D66848 (Del. Ch. May 4, 2015) Laster, V.C. (46 pages).

Chancery court rejected proposition that, to maintain derivative actions, creditors must show (a) corporation was insolvent when suit was filed and continuously thereafter and (b) the corporation was irretrievably insolvent. Defendants' motion for summary judgment denied.

D66848

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Creditors

Delaware Court of Chancery

Calma v. Templeton, DeFAX Case No. D66844 (Del. Ch. April 30, 2015) Bouchard, C. (47 pages).

Derivative-suit defendants failed to establish that stockholder approval of a compensation plan constituted ratification, where the company directors never sought or obtained stockholder approval of any action bearing specifically on the magnitude of compensation to non-employee directors. Motions to dismiss granted in part and denied in part.

D66844

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Executive Compensation (Securities) , Shareholder Rights

Delaware Superior Court

Mumford & Miller Concrete Inc. v. Marinis Bros. Inc., DeFAX Case No. D66847 (Del. Super. April 16, 2015) Cooch, R.J. (11 pages).

The insurer had no duty to defend a contractor in a personal injury action brought by an employee of the subcontractor, which held the insurance policy at issue.

D66847

Practice Areas: Insurance Law , Bad Faith , Civil Procedure , Parties

Delaware Superior Court

Johnson v. Nelson, DeFAX Case No. D66845 (Del. Super. April 29, 2015) Johnston, J. (8 pages).

Defendant was entitled to summary judgment in plaintiffs' negligence per se action alleging that defendant was using her cell phone when she hit and killed a pedestrian crossing the highway, since plaintiffs failed to offer any probative evidence that defendant violated 21 Del.C. § 4176C.

D66845

Practice Areas: Torts , Liability , Civil Procedure , Motion Practice

Delaware Superior Court

AT&T v. Sussex County Board of Adjustment, DeFAX Case No. D66842 (Del. Super. April 30, 2015) Brady, J. (33 pages).

A county decision denying a special use exemption for construction of a cell phone tower was arbitrary, capricious, and unsupported by evidence. Order modifying county board of adjustment's decision.

D66842

Practice Areas: Land Use and Planning , Residential and Commercial Real Estate

U.S. District Court of Delaware

VICI Racing LLC v. T-Mobile USA Inc., DeFAX Case No. D66844 (D. Del. April 8, 2015) Robinson, J. (6 pages).

Plaintiff was entitled to $2 million in damages after actual costs avoided were deducted from its claim for $7 million in its suit for breach of a sponsorship agreement for a sports car racing team.

D66844

Practice Areas: Contracts , Breach

Delaware Court of Chancery

Hampton v. Turner, DeFAX Case No. D66837 (Del. Ch. April 29, 2015) Noble, V.C. (18 pages).

Uncertainty as to whether plaintiffs seeking dissolution of LLC received market value for buyout of membership units rendered their standing to sue unclear. Defendants' motion to dismiss dissolution complaint denied.

D66837

Practice Areas: Business Entities , LLCs and LLPS , Dissolution , Valuation

Delaware Court of Chancery

In re Carlisle Etcetera LLC, DeFAX Case No. D66838 (Del. Ch. April 30, 2015) Laster, V.C. (28 pages).

Corporate assignee of LLC member lacked standing to petition for dissolution of LLC but did have standing to seek dissolution in equity. Order denying motion to dismiss petition for statutory dissolution of LLC.

D66838

Practice Areas: Business Entities , LLCs and LLPS , Dissolution , Civil Procedure , Jurisdiction and Service of Process

Delaware Court of Chancery

In re Lululemon Athletica Inc., DeFAX Case No. D66839 (Del. Ch. April 30, 2015) Parsons, V.C. (39 pages)

The court's earlier grant of a §220 request for corporate records did not extend to non-employee directors' emails, but did properly apply to certain privileged emails under the Garner fiduciary exception to privilege rule. Plaintiffs' motion for enforcement of prior order granted in part and denied in part.

D66839

Practice Areas: Securities and Federal Corporate Law , Corporate Governance/Compliance , Evidence , Privileges , Shareholder Rights

Delaware Court of Chancery

Ryan v. Gursahaney, DeFAX Case No. D66840 (Del. Ch. April 28, 2015) Parsons, V.C. (27 pages).

A derivative action did not present particularized allegations supporting a contention that a pre-suit demand on the board of directors would have been futile because of the board members' concerns that an aggressive investor would seek to remove them from the board. Defendant's motion to dismiss granted.

D66840

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Shareholder Rights , Securities Transactions

Delaware Court of Chancery

Mennen v. Wilmington Trust Co., DeFAX Case No. D66842 (Del. Ch. April 24, 2015) Legrow, M. (28 pages).

A spendthrift provision of a trust could not be pierced to satisfy a judgment against the beneficiary of that trust based on his breach of fiduciary duties as trustee of a separate trust.

D66842

Practice Areas: Trusts and Estates , Creditors

Delaware Superior Court

Thomas v. Capano Homes Inc., DeFAX Case No. D66843 (Del. Super. April 2, 2015) Jurden, P.J. (6 pages).

The court denied defendant's motion to dismiss plaintiffs' negligent construction lawsuit, since, without discovery, it was unclear when the statute of limitations began to accrue and whether it was tolled by the time of discovery rule.

D66843

Practice Areas: Civil Procedure , Statute of Limitations , Motion Practice , Torts

Delaware Superior Court

A.P. Croll & Son, Inc. v. Clark's Gen. Contractors, Inc., DeFAX Case No. D66841 (Del. Super. April 30, 2015) Stokes, J. (15 pages).

Highway reconstruction subcontractor could reasonably be expected to perform back fill and top soil work on area between curb and sidewalk within right-of-way indicated in written contract. Order awarding costs of unpaid work done by subcontractor plus costs and present and past interest at legal interest rate, minus setoffs for costs to general contractor for unperformed work.

D66841

Practice Areas: Contracts , Interpretation , Performance

Delaware Supreme Court

ev3, Inc. v. Lesh, DeFAX Case No. D66833 (Del. April 20, 2015) Strine, C.J. (26 pages)

A non-binding funding provision in a pre-merger letter of intent between parties to negotiate a corporate merger was not admissible at trial to determine the meaning of funding provisions in a final merger agreement. Superior Court's final judgment order denying motion for new trial reversed.

D66833

Practice Areas: Contracts , Breach , Securities and Federal Corporate Law , Mergers and Acquisitions , Evidence , Competency

Delaware Court of Chancery

Oklahoma Firefighters Pension & Retirement Sys. v. Citigroup Inc., DeFAX Case No. D66831 (Del. Ch. April 24, 2015) Noble, V.C. (20 pages).

Allegations of fraud and failure to comply with Bank Secrecy Act and federal money-laundering requirements and banking regulations warranted order permitting stockholder to inspect bank's books and records relating to matters and events currently under investigation. Chancery court order approving and adopting chancery master's report and recommendation, and denying exceptions.

D66831

Practice Areas: Banking and Financial Institutions , Securities and Federal Corporate Law , Corporate Governance/Compliance , White Collar Crime , Money Laundering

Delaware Court of Chancery

In the Matter of Thomas Lawrence Reeves Irrevocable Trust, DeFAX Case No. D66835 (Del. Ch. April 29, 2015) Legrow, M. (20 pages).

Individual co-trustees' claims alleging that corporate co-trustee mismanaged a trust were barred by laches, since individual co-trustees unreasonably delayed in bringing their claims despite having actual and constructive knowledge of the alleged wrongdoing for many years.

D66835

Practice Areas: Civil Procedure , Statute of Limitations , Trusts and Estates

Delaware Court of Chancery

Alliant Techsystems, Inc., v. MidOcean Bushnell Holdings, L.P., DeFAX Case No. D66830 (Del. Ch. April 24, 2015) Bouchard, C. (30 pages).

For purposes of determining a post-closing price adjustment as part of stock purchase transaction, a dispute over accounting methodology to calculate net working capital had to be resolved by an accounting firm per the specific terms of the parties' contractual adjustment procedure. Plaintiff's motion for judgment on the pleadings granted.

D66830

Practice Areas: Contracts , Breach , Securities and Federal Corporate Law , Mergers and Acquisitions

Delaware Superior Court

Watson v. Tjaden, DeFAX Case No. D66836 (Del. Super. April 10, 2015) Young, J. (7 pages).

The court denied plaintiff's motion to dismiss defendant's counterclaim in a negligence action arising from an automobile accident, since defendant's counterclaim sufficiently stated a claim, at least at this stage of the case.

D66836

Practice Areas: Civil Procedure , Motion Practice , Pre-trial Procedure , Torts , Motor Vehicles

Delaware Superior Court

Delaware v. McNeill, DeFAX Case No. D66832 (Del. Super. April 23, 2015) Jurden, J. (12 pages).

A probation officer's reasonable belief that a probationer was living at an unregistered address justified a knock on the door to investigate whether the probationer was violating a condition of probation. Order denying defendant's motion to suppress.

D66832

Practice Areas: Constitutional Law , Criminal Law

Delaware Superior Court

Holmes v. News Journal Co., DeFAX Case No. D66834 (Del. Super. April 20, 2015) Johnston, J. (9 pages).

The court dismissed plaintiff's defamation action against newspaper, since the statements it published about plaintiff's arrests and the charges against him were either objectively true or substantially true.

D66834

Practice Areas: Torts , Intentional Torts , Defamation , Civil Procedure , Motion Practice , Pre-trial Procedure

Delaware Superior Court

Commonwealth Land Title Ins. Co. v. Funk, DeFAX Case No. D66829 (Del. Super. April 22, 2015) Wallace, J. (12 pages)

Tortfeasor's claims against third parties for indemnification and contribution failed (1) for failure to plead causation and justifiable reliance supporting misrepresentation allegations and (2) for failure to plead any theory of common liability. Third party defendants' motion to dismiss granted.

D66829

Practice Areas: Torts , Intentional Torts , Fraud (Torts) , Creditors

U.S. District Court of Delaware

Helios Software LLC v. SpectSoft Corp., DeFAX Case No. D66827 (D. Del. March 25, 2015) Burke, J. (4 pages).

The court granted a limited stay in a patent infringement lawsuit pending the outcome of a related case between the parties.

D66827

Practice Areas: Civil Procedure , Motion Practice , Intellectual Property , Patents , Infringement (Patents)

U.S. District Court of Delaware

Whaley v. Schiliro, DeFAX Case No. D66828 (D. Del. March 31, 2015) Stark, J. (8 pages).

Defendant, a Delaware State Police official, was entitled to summary judgment on all of plaintiffs' race and age discrimination claims, since plaintiffs' agreement to retire from their police employment as part of a plea deal in their criminal matter was not an adverse employment action.

D66828

Practice Areas: Labor and Employment , Discrimination , Age Discrimination , Race Discrimination , Civil Rights

Delaware Supreme Court

Brittingham v. Town of Georgetown, DeFAX Case No. D66822 (Del. April 7, 2015) Valihura, J. (22 pages).

Disciplined police officers' mandamus claims for new hearing, discovery, restoration to status quo ante, and removal of adverse records from their employment files were moot where both peitioners had left police department and police chief was about to retire. Superior Court judgment affirmed.

D66822

Practice Areas: Labor and Employment , Hiring/Firing , Constitutional Law

Delaware Court of Chancery

Utilipath, LLC v. Hayes, DeFAX Case No. D66823 (Del. Ch. April 15, 2015) Parson, V.C. (17 pages).

The McWane "first-filed" rule did not preclude filing an action in Delaware because of a pending case in another jurisdiction involving similar parties litigating claims relating to the same underlying facts, where the parties previously had unambiguously and irrevocably consented to the jurisdiction of Delaware courts. Defendants' motion to stay or dismiss complaint denied.

D66823

Practice Areas: Alternative Dispute Resolution , Contractual Clauses , Appellate Law - Civil , Civil Procedure , Venue

Delaware Court of Chancery

Smashburger Master LLC v. Prokupek, DeFAX Case No. D66825 (Del. Ch. March 27, 2015) Noble, C. (7 pages).

Because a special master was already selected by the parties to assist in a stock valuation dispute and selection of an independent firm to perform valuation function, plaintiff's motions to dismiss and to stay discovery and defendant's counterclaims were not presently ripe for court resolution. Order requesting parties to confer and to submit an implementing form of order.

D66825

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights , Business Entities , LLCs and LLPS , Executive Compensation (Securities)

Delaware Superior Court

Doe v. Giddings, DeFAX Case No. D66826 (Del. Super. April 8, 2015) Davis, J. (9 pages).

Deceased state trooper's estate was entitled to summary judgment in plaintiff's action for damages arising out of trooper's alleged sexual assault on her, since plaintiff failed to bring her action within eight months of trooper's suicide.

D66826

Practice Areas: Civil Procedure , Statute of Limitations , Motion Practice , Torts , Damages , Punitive

Delaware Superior Court

Herman v. BRP, Inc., DeFAX Case No. D66824 (Del. Super. April 13, 2015) Scott, J. (22 pages).

A corporation neither consented to nor waived its challenge to Delaware jurisdiction as the result of earlier litigation where there was no logical relationship between the underlying transactions giving rise to the earlier litigation and the current action. Order granting motion to dismiss for lack of jurisdiction.

D66824

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Products Liability

Delaware Superior Court

Mosaica Educ., Inc. v. Academy of Dover, Inc., DeFAX Case No. D66821 (Del. Super. April 7, 2015) Young J. (9 pages).

Where an affiliate of the State of Delaware had a debt owing to a third party, the State Treasurer was subject to a writ of garnishment. Order denying garnishee's motion to dismiss writ of garnishment.

D66821

Practice Areas: Civil Procedure , Provisional Remedies , Education Law , Judgments

U.S. District Court of Delaware

S.M. v. Delaware Dep't of Educ., DeFAX Case No. D66814 (D. Del. April 16, 2015) Stark, J. (16 pages)

Charter school students failed to plead that Delaware's Department of Education rejected their school's renewal application based on bias against the school's low-income, non-white student population rather than the school's poor academic performance, as claimed. Defendants' motion to dismiss granted.

D66814

Practice Areas: Education Law , Civil Rights , Constitutional Law

Delaware Supreme Court

LG Elecs., Inc. v. Interdigital Communications, Inc., DeFAX Case No. D66817 (Del. April 14, 2015) Strine, J., Valihura, J., dissenting (58 pages).

Chancery court properly ruled that resolution of dispute should be confined to first-filed action presently before arbitral tribunal. Judgment of court of chancery affirmed.

D66817

Practice Areas: Contracts , Interpretation , Alternative Dispute Resolution , Arbitration (ADR) , Evidence

Delaware Supreme Court

Lazard Tech. Partners LLC v. Qinetiq N. Am. Operations LLC, DeFAX Case No. D66819 (Del. April 23, 2015) Strine, C.J. (en banc) (6 pages).

The Court of Chancery properly dismissed plaintiff's complaint in an earn-out dispute arising from a merger, since the unambiguous terms of the merger agreement stated that in order for defendant to breach the agreement, it had to have acted with the intent to reduce or limit the earn-out payment.

D66819

Practice Areas: Contracts , Breach , Securities and Federal Corporate Law , Mergers and Acquisitions

Delaware Supreme Court

Monroe v. Delaware, DeFAX Case No. D66813 (Del. March 25, 2015) Valihura, J. (15 pages).

Defendant's post-conviction ineffective-assistance claim that trial counsel should have demanded mistrial when prosecution invoked Fifth Amendment rights was procedurally barred and would not have satisfied Strickland prejudice test. Order denying post-conviction claims for relief and affirming trial court's judgment.

D66813

Practice Areas: Criminal Law , Evidence , Witnesses , Admissibility

Delaware Court of Chancery

Renco Group Inc. v. MacAndrews AMG Holdings LLC, DeFAX Case No. D66820 (Del. Ch. April 20, 2015) Noble, V.C. (11 pages).

The court declined plaintiff's petition seeking certification of an interlocutory appeal of an order dismissing its fiduciary duty claims, noting that plaintiff prevailed in an on-going, parallel action on similar grounds for which it sought interlocutory appellate intervention.

D66820

Practice Areas: Appellate Law - Civil , Interlocutory Appeal

DELAWARE COURT OF CHANCERY

Estate of Reed v. Grandelli, DeFAX Case No. D66818 (Del. Ch. April 17, 2015) Glasscock, V.C. (19 pages).

Petitioners, George Reed Jr.'s estate, his trust and the beneficiaries of his will, sought to recoup the value of gifts decedent gave respondent, Lisa Grandelli, during his life. Decedent had a 14-month long relationship with Grandelli while he was in his mid-80s and she was considerably younger. The evidence showed that throughout the relationship, Grandelli was still seeing her boyfriend.

D66818

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Hiring/Firing

Delaware Court of Chancery

Southeastern Pa. Transp. Auth. v. AbbVie Inc., DeFAX Case No. D66816 (Del. Ch. April 15, 2015) Glasscock, V.C. (48 pages).

Corporate board's unsuccessful effort to effect a corporate inversion for purpose of achieving substantial tax savings did not establish a credible basis on which to imply actionable corporate wrongdoing sufficient to confer a right to obtain corporate records. Order denying section 220 demands for inspection of corporate books and records.

D66816

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights , Business Entities , Shareholder Derivative Suits

Delaware Court of Chancery

American Messaging Servs., LLC v. DocHalo, LLC, DeFAX Case No. D66815 (Del. Ch. April 9, 2015) Noble, C. (16 pages).

Party seeking TRO to prevent another party from misusing customer lists obtained before their business relationship soured failed to show imminent and irreparable harm justifying injunctive relief. Motion for TRO denied.

D66815

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Hiring/Firing

U.S. District Court of Delaware

Parallel Iron LLC v. NetApp, Inc., DeFAX Case No. D66808 (D. Del. March 25, 2015) Andrews, J. (17 pages).

The lodestar approach was a proper method for determining the amount of attorney fees incurred in defending a bad faith patent infringement suit. Order granting in part defendant's request for attorney fees and denying defendant's request for discovery and an injunction.

D66808

Practice Areas: Intellectual Property , Patents , Infringement (Patents) , Legal Profession , Attorney Fee Recovery , Attorney Malpractice

Delaware Supreme Court

Payne v. Delaware, DeFAX Case No. D66804 (Del. March 30, 2015) Valihura, J. (13 pages).

Prosecution witness's inadvertent statement at trial that defendant had previously been "locked up" did not require grant of motion for mistrial. Order affirming judgment of conviction.

D66804

Practice Areas: Appellate Law - Criminal , Criminal Law , Evidence

Delaware Supreme Court

Smart v. Smart, DeFAX Case No. D66810 (Del. April 6, 2015) Valihura, J. (12 pages).

The family court abused its discretion in awarding permanent alimony to wife, since its factual finding that wife's mental health posed an obstacle to her obtaining full-time employment was not supported by the record.

D66810

Practice Areas: Family Law

Delaware Court of Chancery

Mack v. Mack, DeFAX Case No. D66811 (Del. Ch. March 31, 2015) Noble, V.C. (12 pages).

On motion for reargument, mother failed to show that the trial court erred by finding that mother did not prove that daughter improperly converted funds in a joint bank account or that daughter's actions with regard to a jointly-owned dwelling amounted to waste.

D66811

Practice Areas: Banking and Financial Institutions , Residential and Commercial Real Estate , Civil Procedure

Delaware Court of Chancery

Miramar Police Officers' Retirement Plan v. Murdoch, DeFAX Case No. D66807 (Del. Ch. April 7, 2015) Bouchard, C. (34 pages).

A corporation created to effectuate a spin-off transaction did not violate a settlement agreement reached in an earlier stockholder dispute when, following a transfer of assets to a newly-created subsidiary, the later corporation extended a "poison pill" stockholders rights plan without stockholder approval. Defendants' motion to dismiss for failure to state a complaint granted.

D66807

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Shareholder Rights , Contracts , Breach

Delaware Superior Court

Delaware v. Windsor, DeFAX Case No. D66805 (Del. Super. March 25, 2015) Stokes, J. (15 pages).

Defendant who was convicted of numerous sex offenses against minors failed to establish he was entitled to post-conviction relief based on claims of ineffective assistance of counsel or that appointment of counsel was warranted. Order summarily denying motion for post-conviction relief.

D66805

Practice Areas: Criminal Law , Constitutional Law

Delaware Superior Court

Genesis Healthcare v. Delaware Health Resources Bd., DeFAX Case No. D66806 (Del. Super. March 31, 2015) Brady, J. (20 pages).

The "bed need" provision in the Delaware Health Resource Board's Health Resources Development Plan was not a threshold requirement to be met before the board could issue a certificate of public review approving construction of a new skilled care facility. Order affirming decision of the board.

D66806

Practice Areas: Health Law , Administrative Law

Delaware Superior Court

Hardy v. Jacobs & Crumplar PA, DeFAX Case No. D66809 (Del. Super. April 2, 2015) Young, J. (16 pages).

The court denied attorneys' and law firms' motions to dismiss a legal malpractice lawsuit arising from the creation of a trust and the selection of trustees, as factual disputes between parties required further development through the discovery process.

D66809

Practice Areas: Legal Profession , Attorney Malpractice , Civil Procedure , Motion Practice , Pre-trial Procedure

U.S. District Court of Delaware

Moretti v. Hertz Corp., DeFAX Case No. D66798 (D. Del. March 23, 2015) Stark, J. (13 pages).

Complaint that adequately identified defendants and adequately pleaded injury based on reasonable premise that single management team imposed pertinent policies on all defendants, established Article III standing. Defendants' motion to dismiss denied.

D66798

Practice Areas: Consumer Protection , Civil Procedure , Standing

U.S. District Court of Delaware

Fairchild Semiconductor Corp. v. Power Integrations Inc., DeFAX Case No. D66797 (D. Del. March 20, 2015) Stark, J. (9 pages).

The court partially granted plaintiffs' motion to preclude defendant's expert witnesses from providing opinions on certain issues and granted defendant's motion to preclude plaintiff's expert from providing opinions on certain issues in a patent infringement dispute.

D66797

Practice Areas: Evidence , Expert Witnesses , Intellectual Property , Patents , Infringement (Patents) , Civil Procedure , Motion Practice

U.S. District Court of Delaware

Roane v. Del. Transit Corp., DeFAX Case No. D66799 (D. Del. March 17, 2015) Stark, J. (9 pages).

Paratransit service supervisor who was fired following multiple sexual harassment complaints from other employees failed to offer evidence supporting his claim he was treated differently based upon either gender or race. Order granting defendants' motion for summary judgment.

D66799

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Sexual Harassment

U.S. District Court of Delaware

United Ass'n of Journeymen, Local 74 v. Internat'l Brotherhood of Elec. Workers, Local 313, DeFAX Case No. D66801 (D. Del. March 31, 2014) Sleet, J. (13 pages).

Collective bargaining agreement unambiguously provided that a union that served as the exclusive bargaining agent both for its own employees and for employees of another union had authority to retain a portion of paycheck-deducted dues instead of forwarding the full amounts to the other union. Defendant union's motion for summary judgment granted.

D66801

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Union Representation

Delaware Supreme Court

Wyche v. Delaware, DeFAX Case No. D66803 (Del. March 26, 2015) Holland, J. (10 pages).

The trial court did not abuse its discretion in admitting into evidence the prior recorded statement of a witness for the state in the defendant's murder trial, since the witness' statement was voluntary, despite the fact that he was not given Miranda warnings.

D66803

Practice Areas: Appellate Law - Criminal , Evidence , Admissibility , Witnesses

Delaware Supreme Court

Bell Helicopter Textron, Inc. v. Arteaga, DeFAX Case No. D66796 (Del. April 6, 2015) Strine, C.J. (37 pages).

Mexico's law governed litigation arising from helicopter crash, where accident happened in Mexico, decedents were all Mexican citizens, plaintiffs were all Mexican citizens, helicopter was owned by Mexican company, and helicopter had been operated solely in Mexico for 30 years prior to crash. On interlocutory appeal, order reversing Superior Court order.

D66796

Practice Areas: Civil Procedure , Choice of Law , Venue , Products Liability , Manufacturing Defect

Delaware Superior Court

Woodall v. Dover Downs Inc., DeFAX Case No. D66802 (March 25, 2015) Witham, R.J. (10 pages).

Summary judgment in favor of defendant was proper, since plaintiff failed to submit a liability expert report by the court-ordered deadline and such expert testimony was required to establish her negligence claim based on the standard of care for a security guard.

D66802

Practice Areas: Civil Procedure , Discovery , Pre-trial Procedure , Torts , Premises Liability , Invitees

Delaware Superior Court

Tedesco v. Bayhealth Health Med. Ctr., DeFAX Case No. D66800 (Del. Super. March 13, 2015) Young, J. (10 pages)

Substantial evidence supported Industrial Accident Board's determination as to causation of knee injury. Order affirming decision of the board but remanding based on the board's failure to address claim for attorney fees.

D66800

Practice Areas: Social Services Law , Workers

Delaware Supreme Court

Emershaw-Andrieux v. Biddle, DeFAX Case No. D66786 (March 16, 2015) Holland, J. (7 pages).

Appellant who claimed that the jury failed to follow the trial judge's instructions and their verdict was against the weight of the evidence failed to present any evidence substantiating her claim. Affirmed.

D66786

Practice Areas: Torts , Affirmative Defenses , Contributory Negligence , Motor Vehicles , Insurance Law , Automotive

Delaware Court of Chancery

Hindin v. Eaglebank, DeFAX Case No. D66794 (Del. Ch. May 23, 2015) Legrow, M.C. (18 pages).

Homebuyer who defaulted on mortgage and then recorded deed in lieu of foreclosure in favor of lender failed to show a probability that a final judgment would be entered in his favor on his claims challenging title to the property. Chancery master recommended that court grant defendant's motion to cancel a notice of pendency.

D66794

Practice Areas: Residential and Commercial Real Estate

Delaware Superior Court

Clark v. State Farm Mut. Auto. Ins. Co., DeFAX Case No. D66788 (March 30, 2015) Jurden, P.J. (12 pages).

Plaintiff insureds who sought a declaratory judgment against State Farm for adopting an improper practice of delaying processing, payment and denial of PIP claims did not have standing to bring the action. Plaintiffs' motion seeking leave to amend denied.

D66788

Practice Areas: Civil Procedure , Standing , Class Actions , Insurance Law , Policy Terms

Delaware Superior Court

Sierra Club v. Del. Dep't of Natural Resources and Envtl. Control, DeFAX Case No. D66793 (Del. Super. March 31, 2015) Rocanelli, J. (16 pages).

Neither the Environmental Appeals Board nor the Coastal Zone Board had jurisdiction to determine the applicability of Delaware's Coastal Zone Act to a refinery's authorization request to expand a vapor recovery system to accommodate emissions generated from loading of crude oil onto marine vessels at the refinery's docking facility. Order affirming dismissals of appeals by Environmental Appeals Board and Coastal Zone Board.

D66793

Practice Areas: Environmental Law , Administrative Law

Delaware Superior Court

Charge Injection Techs., Inc. v. E.I. DuPont De Nemours & Co., DeFAX Case No. D66789 (March 31, 2015) Jurden, J. (12 pages).

In an attempt to prove champerty and maintenance, defendant in a trade secret action sought litigation financing documents that plaintiff contended were privileged attorney work product. Defendant's motion denied.

D66789

Practice Areas: Evidence , Privileges , Civil Procedure , Discovery , Intellectual Property , Trade Secrets

Delaware Superior Court

Martin v. Delaware, DeFAX Case No. D66790 (March 27, 2015) Witham, R.J. (10 pages).

Petitioner who sought additional compensation stemming from the same injury previously litigated was denied payments because she had voluntarily withdrawn from the workplace.

D66790

Practice Areas: Social Services Law , Workers

Courts of Common Pleas

Maple Hill Homeowners Ass'n v. Newton, DeFAX Case No. D66795 (C.P. New Castle March 10, 2015) Rennie, J. (8 pages).

Homeowner association's egregious conduct in refusing payment of HOA fees and then suing to collect warranted bad faith award of attorney fees to homeowners for defense costs. Post-trial order for payment of HOA fees and attorney fees.

D66795

Practice Areas: Residential and Commercial Real Estate

Courts of Common Pleas

Green v. PNC Fin. Serv. Group, Inc., DeFAX Case No. D66787 (March 18, 2015) Smalls, J. (6 pages).

Debtor who alleged that the credit life insurance policy she and her husband purchased as part of a home equity loan extended beyond husband's death failed to establish material issues of fact in dispute. Affirmed.

D66787

Practice Areas: Contracts , Breach , Insurance Law , Policy Terms , Creditors

U.S. District Court of Delaware

Jones v. Waste Mgmt., Inc. of Del., DeFAX Case No. D66778 (D. Del. March 18, 2015) Stark, C.J. (15 pages).

African-American truck driver failed to establish prima facie case of race discrimination or retaliation where company followed its guidelines following three traffic accidents and termination decision preceded his complaints to company help line. Order granting defendant's motion for summary judgment.

D66778

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Hiring/Firing

U.S. District Court of Delaware

Seegar v. Anticola, DeFAX Case No. 66782 (D. Del. March 12, 2015) Stark, J. (12 pages).

Plaintiff who was severely injured in a plane crash in Pennsylvania could haul New York defendants into court in Delaware because defendants had sufficient contacts with the state. Defendants' motion to dismiss denied.

Practice Areas: Torts , Liability , Civil Procedure , Jurisdiction and Service of Process , Motion Practice

Delaware Supreme Court

Collick v. Delaware, DeFAX Case No. D66776 (Del. March 17, 2015)Valihura, J. (6 pages).

Appellant was prevented from claiming that, because his sentencing had been incorrectly stated on the orders, he could not be sentenced for subsequent probation violations. Affirmed.

D66776

Practice Areas: Criminal Law

Delaware Supreme Court

Allen v. Granger, DeFAX Case No. D66777 (Del. March 18, 2015) Valihura, J. (14 pages).

Party's failure to disclose she was plaintiff in pending tort suits did not warrant reopening alimony proceeding. Order affirming family court judgment.

D66777

Practice Areas: Family Law

Delaware Court of Chancery

Strougo v. Hollander, DeFAX Case No. D66784 (Del. Ch. March 16, 2015) Bouchard, C. (23 pages).

Delaware corporation's non-reciprocal fee-shifting bylaw could not be enforced to prevent former stockholder from challenging fairness of reverse stock split undertaken at behest of CEO and controlling stockholder for purpose of taking company private. Order granting plaintiff's motion for partial judgment on the pleadings.

D66784

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Shareholder Rights , Contracts , Interpretation

Delaware Superior Court

21st Century Assurance Co. v. Liberty Mut. Ins. Co., DeFAX Case No. D66779 (March 23, 2015) Wharton, J. (11 pages).

Insurance company could not appeal an arbitrator's decision by claiming a common law right of subrogation where the right would vitiate 21 Del.C. §2118(g)(3). Defendant's motion for summary judgment granted.

D66779

Practice Areas: Insurance Law , Policy Terms , Civil Procedure , Judgments , Appellate Law - Civil , Finality

Delaware Superior Court

Prof'l Investigating & Consulting Agency v. Hewlett-Packard Co., DeFAX Case No. D66783 (March 23, 2015) Johnston, J. (29 pages).

IT company found liable for trade secret misappropriation and defamation failed to challenge jury awards as "unreasonable." Defendant's motion for new trial or remittitur denied.

D66783

Practice Areas: Intellectual Property , Trade Secrets , Torts , Business Torts , Damages

Delaware Superior Court

Furman v. Del. Dep't of Transp., DeFAX Case No. D66781 (Del. Super. March 23, 2015) Scott, J. (8 pages).

Plaintiff's allegations for gross negligence against DelDOT were insufficient to overcome the bar to recovery under sovereign immunity because there was no insurance available to cover that type of risk or loss. Defendant's motion for summary judgment granted.

D66781

Practice Areas: Torts , Premises Liability , Liability , Immunity , Personal Injury

Third Circuit

Campbell v. Sussex Cty. Fed. Credit Union, DeFAX Case No. D66775 (3d Cir. Feb. 19, 2015) Ambro, J. (10 pages).

The district court erred in finding that appellee's former employee's supplemental retirement benefits plan was unenforceable for lack of consideration.

D66775

Practice Areas: Contracts , Performance , Labor and Employment , Employee Benefits , Executive Compensation (Labor and Employment) , Banking and Financial Institutions

Delaware Supreme Court

Vincent v. Div. of Child Support Enforcement, DeFAX Case No. 66769 (Del. March 2, 2015) Holland, J. (9 pages).

Father's objection to wage attachment that remained in effect long after end of consent order, when it was to have ceased, could not be heard for failure to file timely request for review of family court order. Order granting motion to affirm and affirming family court judgment.

Practice Areas: Family Law , Custody and Child Support

Delaware Supreme Court

CorVel Corp. v. Homeland Ins. Co. of N.Y., DeFAX Case No. D66771 (Del. March 6, 2015) Vaughn, J. (33 pages).

Comity considerations warranted deference to Louisiana court determination that costs of settling Louisiana suit were not subject to insurance policy exclusions for "penalties," even though Delaware trial court had previously reached contrary conclusion based on application of Delaware law to construction of policy terms. Superior Court judgment reversed.

D66771

Practice Areas: Insurance Law , Policy Terms , Civil Procedure , Choice of Law , Contracts , Interpretation

Delaware Superior Court

State of Del. v. Middletown Dev., Inc., DeFAX Case No. D66772 (Del. Super. March 10, 2015) Wallace, J. (20 pages).

Condemning agency was entitled to take possession of property prior to conclusion of condemnation proceeding where it had negotiated in good faith, had deposited an amount equal to the appraised fair market value of the property, and had committed no acts amounting to a de facto taking. Order granting condemning agency's motion for possession and denying property owner's motion to dismiss.

D66772

Practice Areas: Land Use and Planning , Civil Procedure , Motion Practice , Contracts , Breach

Delaware Superior Court

Bond v. Wilson, DeFAX Case No. D66767 (Del. Super. March 16, 2015) Scott, Jr., J. (11 pages).

In a negligence suit, where there is no noticeable defect, such as a loose or wobbly handrail, plaintiff must provide expert testimony in order to prevail on a motion for summary judgment. Plaintiff's motion denied.

D66767

Practice Areas: Torts , Personal Injury , Premises Liability , Licensees

Courts of Common Pleas

Frederick Enter., Inc. v. Sheehan, DeFAX Case No. D66766 (C.P. New Castle March 12, 2015) Surles, J. (12 pages).

Despite his failure to sign the agreement, defendant's actions regarding the contract terms constituted at least partial performance, negating his Statute of Frauds defense. Defendant's motion to dismiss denied.

D66766

Practice Areas: Contracts , Breach , Insurance Law , Policy Terms , Statute of Frauds

Courts of Common Pleas

Ellis v. Tri State Realty Assoc. LP, DeFAX Case No. 66768 (C.P. New Castle, March 4, 2015) Davis, J. (17 pages).

Plaintiffs who suffered a loss of personal possessions as a result of negligent conduct by the manager of a self-storage facility were limited to the damages amount stated in the rental agreement. Order granting in part and denying in part the defendant' motion for summary judgment.

Practice Areas: Contracts , Remedies , Breach , Torts , Damages , Punitive

Courts of Common Pleas

Washington v. Trautz, DeFAX Case No. D66770 (C.P. New Castle, Feb. 12, 2015) Rennie, J. (5 pages).

Credible evidence, including witness testimony, accident report, and damage to vehicle, supported defendant's claim traffic accident was not his fault. Decision following trial on plaintiff's claim for damages in favor of defendant.

D66770

Practice Areas: Torts , Motor Vehicles , Evidence , Competency

Delaware Court of Chancery

In re Zalicus, Inc. S'holders Litig., DeFAX Case No. D66765 (Del. Ch. Jan. 16, 2015) Bouchard, C. (5 pages).

The Court of Chancery declined to enter a proposed order closing this action because the parties failed to provide adequate notice of a stipulated mootness fee to the putative class.

D66765

Practice Areas: Civil Procedure , Motion Practice , Class Actions , Jurisdiction and Service of Process

Delaware Court of Chancery

City of Wilmington v. Fraternal Order of Police Lodge 1, DeFAX Case No. D66762 (Del. Ch. March 12, 2015) Glasscock, V.C. (5 pages).

In a collective bargaining dispute between the city of Wilmington and police officers, the parties were entitled to submit extrinsic evidence on the meaning of 19 Del.C. §1615(d)(6)'s "existing revenues" language in the context of an entirely retrospective contract proposal.

D66762

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Arbitration (Labor and Employment) , Evidence

Delaware Court of Chancery

Southpaw Credit Opportunity Master Fund, LP v. Advanced Battery Techs., Inc., DeFAX Case No. D66759 (Del. Ch. Feb. 26, 2015) Legrow, M.C. (29 pages).

A stockholder was entitled to inspect some, but not all, of the company books and records it demanded, while the company failed to show that inspection was barred by laws and regulations of China. Chancery master's recommendation that a books and records inspection be ordered, subject to certain specified parameters, and subject to a standard confidentiality agreement.

D66759

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights , Contracts , Breach , Securities Transactions

Delaware Court of Chancery

United Brotherhood of Carpenters Pension Plan v. Fellner, DeFAX Case No. D66761 (Del. Ch. Feb. 26, 2015) Noble, V.C. (12 pages).

Trust beneficiaries adequately pleaded that trustees should be removed from trusts and that the court should issue a declaratory judgment that one of the trustees acted with gross negligence or willful misconduct in his role as trustee. Order denying respondents' and nominal defendants' joint motion to dismiss.

D66761

Practice Areas: Securities and Federal Corporate Law , Real Estate Securities , Shareholder Rights , Securities Transactions

Delaware Superior Court

McCleod v. McCleod, DeFAX Case No. D66757 (Del. Super. Feb. 26, 2015) Brady, J. (17 pages).

Incarcerated pro se plaintiff failed to present sufficient evidence to warrant permitting his proffered experts to testify in personal injury suit against his father for alleged sexual abuse. Order deferring decision on defendant's motion to exclude to allow plaintiff time to identify a causation expert and describe the expert's testimony.

D66757

Practice Areas: Evidence , Expert Witnesses , Torts , Intentional Torts , Assault , Civil Procedure , Motion Practice

Delaware Superior Court

McLeod v. McLeod, DeFAX Case No. D66756 (Del. Super. Feb. 26, 2015) Brady, J. (11 pages).

A letter to the Delaware governor accusing plaintiff's father of being a "child molester" was made outside of a judicial proceeding for purposes of determining whether the letter was absolutely privileged and was therefore not a proper basis for a counterclaim for defamation. Order denying plaintiff's motion for summary judgment on defendant's counterclaim for defamation.

D66756

Practice Areas: Torts , Intentional Torts , Defamation , Civil Procedure

Courts of Common Pleas

Village of Windhover v. Mawn, DeFAX Case No. D66763 (C.P. New Castle Feb. 26, 2015) Danberg, J. (7 pages).

The court entered judgment in favor of appellant/defendant based on appellees' failure to file the complaint on appeal, as required by Court of Common Pleas Civil Rule 72.3(b), and subsequent failure to show that the error was excusable neglect.

D66763

Practice Areas: Appellate Law - Civil , Procedure , Landlord/Tenant Law

Courts of Common Pleas

Midland Funding, LLC v. Hanby, DeFAX Case No. D66758 (C.P. New Castle, Feb. 23, 2015) Smalls, C.J. (11 pages).

Evidence presented at trial failed to establish that plaintiff in action alleging nonpayment of credit card debt was proper party to bring action.

D66758

Practice Areas: Civil Procedure , Parties , Contracts , Breach , Jurisdiction and Service of Process

Courts of Common Pleas

TekTree LLC v. Borla Performance Indus. Inc., DeFAX Case No. D66760 (C.P. New Castle Feb. 24, 2015) Smalls, C.J. (15 pages).

Plaintiff failed to prove its breach of contract claims but did prove its tortious interference with contractual relations claim against defendant after she allegedly violated an employment agreement when she began working for plaintiff's client.

D66760

Practice Areas: Contracts , Breach , Labor and Employment , Hiring/Firing

Delaware Supreme Court

Alston v. Pritchett, DeFAX Case No. D66751 (Del. Feb. 26, 2015) Valihura, J. (9 pages).

Plaintiff who moved to stay enforcement of a settlement agreement in an underlying personal injury suit failed to substantiate the allegations he made concerning insurance companies, his counsel and the Delaware Superior Court. Affirmed.

D66751

Practice Areas: Civil Procedure , Settlement , Appellate Law - Civil , Stays , Contracts , Formation

Delaware Court of Chancery

3850 & 3860 Colonial Blvd., LLC v. Griffin, DeFAX Case No. D66746 (Del. Ch. Feb. 26, 2015) Noble, V.C. (27 pages).

Change in dispute resolution process from mediation and arbitration to litigation-only approach when limited liability company was converted to corporation did not release dissatisfied investor from obligation to seek decision by arbitrator on arbitrability of investor's fiduciary duty and contractual claims. Defendant's motion to dismiss denied and proceedings stayed pending arbitration.

D66746

Practice Areas: Alternative Dispute Resolution , Contractual Clauses , Securities and Federal Corporate Law , Shareholder Rights , Business Entities , LLCs and LLPS

Delaware Court of Chancery

Carlyle Inv. Mgmt. L.L.C. v. Moonmouth Co. S.A., DeFAX Case No. D66747 (Del. Ch. Feb. 24, 2015) Parsons, V.C. (30 pages).

Under Delaware law, attorney work product privilege is applicable to third-party litigation funding agreements. Order granting motion to intervene and granting motion for protective order without prejudice to plaintiffs' renew motion to compel at a later time.

D66747

Practice Areas: Civil Procedure , Discovery , Evidence , Privileges , Banking and Financial Institutions

Delaware Court of Chancery

Sutherland v. Sutherland, DeFAX Case No. D66748 (Del. Ch. Feb. 27, 2015) Noble, V.C. (14 pages).

Prior attorney's motion to intervene to file petition for charging lien was justified and not untimely where it was filed within time specified in agreement between prior and current counsel. Order granting motion for leave to intervene.

D66748

Practice Areas: Civil Procedure , Motion Practice , Contracts , Performance , Legal Profession , Attorney Fee Recovery

Delaware Court of Chancery

In re Dole Food Co. Inc., DeFAX Case No. D66753 (Del. Ch. Feb. 27, 2015) Laster, V.C. (9 pages).

In consolidated breach of fiduciary duty and appraisal actions, the court held that an expert witness must be a biological person, not a corporation.

D66753

Practice Areas: Evidence , Expert Witnesses , Civil Procedure , Pre-trial Procedure , Business Entities

Delaware Superior Court

State v. Davis, Jr., DeFAX Case No. 66752 (Del. Super. March 3, 2015) Parker, Comm'r (5 pages).

Defendant who was convicted of theft of property disputed the state's ability to seek restitution for any of the items missing from the victim's residence, even though restitution was stipulated as part of the plea agreement. Affirmed.

Practice Areas: Criminal Law

Delaware Superior Court

Bon Ayre Land LLC v. Bon Ayre Community Ass'n, DeFAX Case No. D66754 (Del. Super. Feb. 26, 2015) Witham, R.J. (22 pages).

The court denied the manufactured housing community owner's request for a rent increase above the CPI-U pursuant to the Delaware Manufactured Home Owners and Community Owners Act, because it failed to comply with the procedural requirements of 25 Del.C. §7043(b).

D66754

Practice Areas: Residential and Commercial Real Estate , Administrative Law

Delaware Superior Court

Wood v. Rodeway Inn, DeFAX Case No. D66755 (Del. Super. March 4, 2015) Young, J. (9 pages).

Plaintiffs' complaint alleging that hotel's negligence caused plaintiff to slip and fall in a bathtub, although bordering on vagueness, was sufficient to survive the motion to dismiss.

D66755

Practice Areas: Torts , Personal Injury , Premises Liability , Civil Procedure , Motion Practice

U.S. District Court of Delaware

Yurgin v. United States, DeFAX Case No. D66740 (D. Del. Feb. 18, 2015) Sleet, J. (17 pages).

Pro se federal habeas petitioner's claims that his plea was not knowing and voluntary and that the district court should have granted a hearing to determine his competency were subject to a collateral waiver provision in the plea agreement, and his ineffective-assistance claims against his plea counsel and sentencing counsel lacked merit. Order denying relief under 28 U.S.C. §2255.

D66740

Practice Areas: Criminal Law , Appellate Law - Criminal

Delaware Court of Chancery

Henlopen Landing Homeowners Ass'n Inc. v. Vester, DeFAX Case No. D66739 (Del. Ch. Feb. 25, 2015) Ayvazian, M.C. (23 pages).

The master in chancery recommended granting respondents' motions to amend their answer, defenses and counterclaims in order to join two additional parties to their counterclaims alleging fair housing violations in a homeowners association's petition to enforce certain recorded deed restrictions.

D66739

Practice Areas: Civil Procedure , Parties , Motion Practice , Residential and Commercial Real Estate

Delaware Court of Chancery

Pulieri v. Boardwalk Props., LLC, DeFAX Case No. D66738 (Del. Ch. Feb. 18, 2015) Bouchard, C. (33 pages).

Claims based on alleged oral agreement to transfer property upon satisfaction of conditions failed because essential terms were not sufficiently definite to demonstrate existence of valid contract. Order granting motion to dismiss.

D66738

Practice Areas: Residential and Commercial Real Estate , Contracts , Interpretation , Fraud (Contracts)

Delaware Court of Chancery

Harrison v. Dixon, DeFAX Case No. D66744 (Del. Ch. Feb. 20, 2015) LeGrow, M.C. (13 pages).

Plaintiff was entitled to $28,721.03, plus costs and pre- and post-judgment interest after his sister intentionally misrepresented herself as the sole heir of their parents' estates in order to avoid sharing the estate with her siblings and their issue.

D66744

Practice Areas: Trusts and Estates , Torts , Liability , Joint and Several Liability

Delaware Superior Court

Kostyszyn v. Martuscelli, DeFAX Case No. D66737 (Del. Super. Feb. 18, 2015) Wallace, J. (15 pages).

Plaintiff purchasers of ice cream store failed to plead facts supporting claim that defendant sellers breached contract by failing to purchase agreed-upon quantities of ice cream. Order granting motion to dismiss fraud and breach of contract claims.

D66737

Practice Areas: Contracts , Breach , Fraud (Contracts)

Delaware Superior Court

Beta Data Servs. Inc. v. Verizon Fed. Inc., DeFAX Case No. D66745 (Del. Super. Feb. 23, 2015) Davis, J. (8 pages).

The court granted plaintiff's motion to add claims for fraud and deceit and breach of a five-year oral agreement to its breach of contract lawsuit, but denied the motion to add claims for detrimental reliance, as Virginia law applied to the case and detrimental reliance is not a recognized cause of action in Virginia.

D66745

Practice Areas: Contracts , Breach , Fraud (Contracts) , Civil Procedure , Statute of Limitations

Delaware Superior Court

Davis v. Christiana Care Health Servs., DeFAX Case No. D66742 (Del. Super. Feb. 27, 2015) Medinilla, J. (13 pages).

The Industrial Accident Board improperly dismissed claimant's petition to determine additional compensation due, since his claim therein was not part of his prior settlement with employer.

D66742

Practice Areas: Social Services Law , Workers

Delaware Court of Chancery

In the Matter of Bermor Inc., DeFAX Case No. D66733 (Del. Ch. Feb. 9, 2015) Laster, V.C. (10 pages).

The court granted a petition to dissolve two joint ventures pursuant to §273 of the DGCL after governance disputes arose between the owners, two families with a nearly-half-a-century-long relationship.

D66733

Practice Areas: Business Entities , Dissolution , Partnerships

Delaware Court of Chancery

Walther v. ITT Educ. Serv., Inc., DeFAX Case No. D66730 (Del. Ch. Feb. 10, 2015) Ayvazian, M.C. (40 pages).

A shareholder's statutory demand to inspect corporate books and records had to be denied for failure of the stockholder adequately to allege that mismanagement had resulted in any loss or injury to the corporation. Chancery master's report recommending denial of plaintiff's motion for summary judgment and granting of defendant's cross-motion for summary judgment.

D66730

Practice Areas: Securities and Federal Corporate Law , Corporate Governance/Compliance , Shareholder Rights

Delaware Court of Chancery

Lewis v. AimCo Props. LP, DeFAX Case No. D66734 (Del. Ch. Feb. 10, 2015) Parsons, V.C. (18 pages).

The court stayed plaintiffs' complaint for breach of fiduciary duty pending arbitration as it related to certain defendants and dismissed the action for failure to state a claim as it related to other defendants, since those defendants owed no fiduciary duty to plaintiffs.

D66734

Practice Areas: Securities and Federal Corporate Law , Mergers and Acquisitions , Civil Procedure , Motion Practice

Delaware Court of Chancery

Fortis Advisors LLC v. Dialog Semiconductor PLC, DeFAX Case No. D66727 (Del. Ch. Jan. 30, 2015) Bouchard, C. (24 pages).

Implied covenant-based claim that earn-out payments were owed to former equity holders of corporation could not survive where claimant failed to identify any gap in merger agreement in which alleged implied covenant would operate. Order granting defendant's motion to dismiss cause of action for failure to state a claim.

D66727

Practice Areas: Securities and Federal Corporate Law , Mergers and Acquisitions , Securities Transactions

Delaware Superior Court

Golden Chariot Motors LLC v. Donegal Mut. Ins. Co., DeFAX Case No. D66732 (Del. Super. Feb. 6, 2015) Young, J. (2 pages).

The court properly granted plaintiff's motion for default judgment after defendants failed to appear for a pre-trial conference, despite having received notice of such.

D66732

Practice Areas: Civil Procedure , Judgments , Pre-trial Procedure

Delaware Superior Court

Nationstar Mortgage LLC v. Crane, DeFAX Case No. D66728 (Del. Super. Jan. 29, 2015) Young, J. (6 pages).

A plaintiff who initially filed a mortgage foreclosure action in chancery claiming that the mortgage was not filed under seal, and who then transferred the action to Superior Court claiming that the mortgage was filed under seal, was not foreclosed from prevailing on the ground of judicial estoppel where neither of the two courts relied upon the original, contrary position in making a ruling. Order denying motion to dismiss.

D66728

Practice Areas: Creditors

Delaware Superior Court

Davis v. State Farm Ins. Co., DeFAX Case No. D66731 (Del. Super. Feb. 2, 2015) Butler, J. (8 pages).

The court granted insurance company's motion for summary judgment in plaintiff's action seeking coverage following an automobile accident, holding that plaintiff was not entitled to payment since he filed his claim outside the two year statute of limitations period and the 90-day grace period did not apply.

D66731

Practice Areas: Insurance Law , Civil Procedure , Motion Practice , Statute of Limitations

Delaware Superior Court

Dickerson v. Murray, DeFAX Case No. D66726 (Del. Super. Feb. 3, 2015) Stokes, J. (17 pages).

A client could not assert a claim against an attorney for conflict of interest because the attorney's alleged violation of professional ethics standards did not constitute an independent cause of action and because, to the extent the claim alleged a breach of fiduciary duty, the Superior Court lacked jurisdiction to hear the action.

D66726

Practice Areas: Legal Profession , Attorney Malpractice , Civil Procedure , Jurisdiction and Service of Process , Torts

Courts of Common Pleas

Wise v. G-Town Partners LP, DeFAX Case No. D66735 (C.P. New Castle Jan. 20, 2015, revised Jan. 21, 2015) Rennie, J. (6 pages).

Appellant properly filed his appeal from a Justice of the Peace Court order in the court of common pleas, since the case below had proceeded to trial as a debt action, despite beginning as a summary possession action.

D66735

Practice Areas: Appellate Law - Civil , Procedure , Timeliness , Civil Procedure , Motion Practice

Third Circuit

In re Hawkins, DeFAX Case No. D66722 (3d Cir. Feb. 11, 2015) per curiam (4 pages).

The district court properly found that appellants lacked standing to appeal an order in a bankruptcy case, since they were not "persons aggrieved" by the order.

D66722

Practice Areas: Civil Procedure , Standing , Bankruptcy , Creditors

U.S. District Court of Delaware

Sykes v. Seasons Pizza, DeFAX Case No. D66724 (D. Del. Feb. 4, 2015)Fallon, J. (13 pages).

The statute of limitations barred plaintiff's action alleging assault and excessive force claims under 42 U.S.C. §1983, arising out of his failed armed robbery attempt.

D66724

Practice Areas: Civil Procedure , Statute of Limitations , Torts , Personal Injury , Motion Practice

U.S. District Court of Delaware

KBC Asset Mgmt. NV v. McNamara, DeFAX Case No. D67711 (D. Del. Feb. 2, 2015) Burke, M.J. (20 pages).

The totality of circumstances warranted appointing one plaintiff as lead counsel and appointing that plaintiff's law firm representatives as lead counsel and liaison counsel following consolidation of two related shareholder suits. Order granting motion to consolidate and appoint lead counsel.

D67711

Practice Areas: Securities and Federal Corporate Law , Shareholder Derivative Suits , Civil Procedure , Motion Practice

Delaware Supreme Court

Sykes v. Delaware, DeFAX Case No. D66714 (Del. Jan. 30, 2015) Vaughn, J. (50 pages).

A capital defendant's attorney performance in failing to seek mitigating evidence for penalty phase of trial was objectively unreasonable, but he failed to demonstrate that full presentation of all mitigating evidence have produced a different result. Judgment of conviction and death sentence affirmed.

D66714

Practice Areas: Criminal Law , Constitutional Law

Delaware Court of Chancery

In re Appraisal of Ancestry.com, Inc., DeFAX Case No. D66708 (Del. Ch. Jan. 30, 2015) Glasscock, V.C. (57 pages).

The fair value of shares of a publicly-traded company held by stockholders who were cashed out when the company was purchased by a private equity investor was the actual per-share price paid by the purchaser.

D66708

Practice Areas: Securities and Federal Corporate Law , Securities Transactions , Business Entities , Valuation

Delaware Superior Court

Yossick-Cave v. Litten, DeFAX Case No. D66725 (Del. Super. Feb. 5, 2015) Young, J. (9 pages).

The court denied defendant's motion to dismiss plaintiff's civil action arising from defendant's sexual abuse of plaintiff, finding that defendant was properly served and the court had jurisdiction over him.

D66725

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Motion Practice , Parties

Delaware Superior Court

Meyers v. Intel Corp., DeFAX Case No. D66713 (Del. Super. Jan. 15, 2015) Jurden, J. (12 pages).

Colorado's substantive law is not so intertwined with Colorado's rule for pleading exemplary damages as to warrant applying Colorado's limitations period instead of Delaware's notice pleading standards. Order denying defendant's motion for partial judgment on the pleadings with regard to plaintiff's request for punitive damages.

D66713

Practice Areas: Civil Procedure , Choice of Law , Statute of Limitations , Torts , Toxic Torts

Delaware Superior Court

Norgues v. Mountaire Farms of Delaware Inc., DeFAX Case No. 66723 (Del. Super. Feb. 10, 2015) Graves, J. (10 pages).

The court affirmed the denial of unemployment insurance benefits to claimant, as the evidence showed that she was terminated for just cause based on her violation of a company policy outlined in the company's handbook.

Practice Areas: Social Services Law , Unemployment Compensation , Labor and Employment , Hiring/Firing

U.S. District Court of Delaware

Kickflip, Inc. v. Facebook, Inc., DeFAX Case No. D66718 (D. Del. Jan. 21, 2015) Stark, J. (12 pages).

Declaration attached to opposition to summary judgment that related to matters Rule 30(b)(6) corporate representative had declined to discuss in deposition, on ground that his knowledge derived from advice of counsel, constituted waiver of attorney-client privilege. Order permitting discovery consistent with waiver of attorney-client privilege with respect to matters referenced in declaration.

D66718

Practice Areas: Civil Procedure , Discovery , Evidence , Privileges

U.S. District Court of Delaware

Barrett v. McDonald, DeFAX Case No. D66716 (D. Del. Jan. 16, 2015) Stark, J. (6 pages).

A Delaware state prisoner who sought permission to join in a §1983 civil rights suit filed by prisoners in another Delaware prison failed to establish there was sufficient commonality of facts or law to warrant permissive joinder. Order denying motion for permissive joinder, granting motion to seal, and denying motion for expedited ruling.

D66716

Practice Areas: Civil Rights , Civil Procedure , Parties

Delaware Supreme Court

Textron, Inc. v. Acument Global Tech., Inc., DeFAX Case No. D66719 (Del. Jan. 23, 2015) Strine, C.J. (28 pages).

Parties' agreement that "tax benefit offset" in sales purchase agreement provision for reimbursement of certain pre-closing contingent liabilities was applicable only to actual tax benefits realized by purchasing corporation, not to hypothetical benefits deriving from pre-closing liabilities outside of the United States. Superior Court judgment affirmed.

D66719

Practice Areas: Securities and Federal Corporate Law , Mergers and Acquisitions , Contracts , Taxation

Delaware Court of Chancery

Weiner v. Milliken Design Inc., DeFAX Case No. D66715 (Del. Ch. Jan. 30, 2015) Parsons, V.C. (26 pages).

The court granted plaintiff's motion for summary judgment seeking to compel arbitration of a post-closing price adjustment pursuant to a stock and unit purchase agreement.

D66715

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Contracts

Delaware Court of Chancery

OptimisCorp v. Waite, DeFAX Case No. D66717 (Del. Ch. Jan. 28, 2015) Parsons, V.C. (33 pages).

The untimeliness of plaintiffs' request to amend their complaint, coupled with plaintiffs' inadequate responses during discovery and with the likelihood of prejudice to the defendants, warranted denying plaintiffs' permission to widen the scope of their conspiracy allegations. Order denying plaintiffs' motion to amend complaint and granting in part and denying in part defendants' motion in limine.

D66717

Practice Areas: Civil Procedure , Discovery , Parties , Motion Practice

Delaware Superior Court

Johnson v. Student Funding Grp. LLC, DeFAX Case No. D66710 (Del. Super. Jan. 26, 2015) Rocanelli, J. (5 pages).

The court denied defendants' motion to dismiss plaintiff's action after excluding from its consideration documents outside the pleadings.

D66710

Practice Areas: Civil Procedure , Motion Practice , Labor and Employment , Wages and Hours , Contracts

Delaware Superior Court

Evans v. Genentech Inc., DeFAX Case No. D66707 (Del. Super. Jan. 23, 2015) Young, J. (5 pages).

The court granted defendant pharmaceutical company's motion to dismiss plaintiff's personal injury action alleging adverse side-effects from a medication, as the two-year statute of limitations barred plaintiff's action.

D66707

Practice Areas: Civil Procedure , Statute of Limitations , Torts , Personal Injury , Motion Practice

Delaware Superior Court

Burns v. Wilson, DeFAX Case No. D66706 (Del. Super. Jan. 30, 2015) Brady, J. (18 pages).

The court granted attorney and law firm's motion for summary judgment based on proximate cause in plaintiff's legal malpractice action, since any alleged failure by attorney to present certain evidence in plaintiff's workers' compensation hearing was harmless, as that evidence would not have established that plaintiff had an occupational disease.

D66706

Practice Areas: Legal Profession , Attorney Malpractice , Social Services Law , Workers

U.S. District Court of Delaware

AJZN, Inc. v. Yu, DeFAX Case No. D66699 (D. Del. Jan. 26, 2015) Sleet, J. (30 pages).

An inventor who claimed corporate transactions deprived him of revenue and assets failed to state security fraud claims under federal and California law for failure to specifically plead he was induced to enter into asset purchase agreement through misrepresentations or omissions of material facts. Defendants' motion to granted as some counts and denied as to others.

D66699

Practice Areas: Securities and Federal Corporate Law , Securities Fraud , Contracts , Fraud (Contracts) , Securities Transactions

Delaware Supreme Court

Sells v. State of Delaware, DeFAX Case No. D66697 (Del. Jan. 27, 2015) Valihura, J. (26 pages).

Prosecution failed to establish prima facie case of discrimination based on African-American defendant's attempt to strike two white jurors, and trial court erred in ordering challenged jurors to be seated. Judgment of conviction reversed and remanded.

D66697

Practice Areas: Criminal Law , Constitutional Law

Delaware Court of Chancery

TrustCo Bank v. Mathews, DeFAX Case No. D66698 (Del. Ch. Jan. 22, 2015) Parsons, V.C. (37 pages).

Counsel: William Burnett, Flaster/Greenberg, P.C., Wilmington DE, Harry Giacometti, Alexis Arena, Flaster/Greenberg, P.C., Philadelphia PA, attorneys for plaintiffs; Robert Penza, Christopher Coggins, Polsinelli PC, Wilmington DE, Susan Mathews, Colin Mathews, Brendan Mathews, Devin Mathews, and Kiernan Mathews; William Kelleher, Gordon, Fournaris & Mammarella, P.A., Wilmington DE, attorneys for defendants.

D66698

Practice Areas: Civil Procedure , Statute of Limitations , Banking and Financial Institutions , Creditors

Delaware Court of Chancery

Ascension Ins. Holdings LLC v. Underwood, DeFAX Case No. D66700 (Del. Ch. Jan. 28, 2015) Glasscock, V.C. (15 pages).

The court denied plaintiff's motion for preliminary injunction seeking to enjoin defendants from breaching a covenant not to compete, as plaintiff failed to demonstrate a reasonable likelihood that it would prevail on the merits.

D66700

Practice Areas: Contracts , Breach , Civil Procedure , Choice of Law , Securities and Federal Corporate Law

Delaware Superior Court

Henry v. Middletown Farmers Mkt. LLC, DeFAX Case No. D66705 (Del. Super. Jan. 14, 2015) Young, J. (5 pages).

Defendants' second motion to dismiss plaintiff's negligence action merely created more factual disputes, rather than resolving them, thus the court denied the motion.

D66705

Practice Areas: Civil Procedure , Discovery , Motion Practice , Torts , Personal Injury

Delaware Superior Court

Myers v. Travelers Commercial Ins. Co., DeFAX Case No. D66703 (Del. Super. Jan. 26, 2015) Jurden, P.J. (9 pages).

The court granted defendant insurance company's motion to dismiss plaintiffs' complaint seeking declaratory relief, as the complaint amounted to a request for an advisory opinion that was not ripe for adjudication.

D66703

Practice Areas: Civil Procedure , Standing , Insurance Law , Automotive , Motion Practice

Delaware Superior Court

Damiani v. Gill, DeFAX Case No. D66704 (Del. Super. Jan. 28, 2015) Rocanelli, J. (7 pages).

The court granted defendant correctional officer's motion for summary judgment on plaintiff inmate's claim under 42 U.S.C. §1983 alleging denial of adequate medical care, as plaintiff could not show deliberate indifference.

D66704

Practice Areas: Constitutional Law , Civil Procedure , Motion Practice , Parties

Delaware Superior Court

Ellicott v. Stericyle Inc., DeFAX Case No. D66696 (Del. Super. Jan. 23, 2015) Scott, J. (15 pages).

Substantial evidence supported a determination by the Unemployment Insurance Appeal Board that an employee was terminated for just cause after she made inappropriate and threatening comments to her team leader her about her supervisor. Order affirming UIAB decision.

D66696

Practice Areas: Labor and Employment , Hiring/Firing , Social Services Law , Unemployment Compensation

U.S. District Court of Delaware

Square Ring, Inc. v. Doe-1, DeFAX Case No. D66694 (D. Del. Dec. 22, 2014) Sleet, J. (15 pages)

Square Ring, Inc. v. Doe-1, DeFAX Case No. D66694 (D. Del. Dec. 22, 2014) Sleet, J. (15 pages).

Practice Areas: Intellectual Property , Copyrights , Infringement (Copyright) , Internet Law , Civil Procedure , Judgments

U.S. District Court of Delaware

United Assoc. of Journeymen and Apprentice Plumbers and Pipefitters of the U.S. and Canada, Local 74 v. Int'l Brotherhood of Elec. Workers, Local 313, DeFAX Case No. D66695 (D. Del. Dec. 22, 2014) Fallon, M.J. (23 pages).

Union serving as exclusive bargaining agent both for its own employees and for employees of another union had no authority under the collective bargaining agreement to retain a portion of paycheck-deducted dues owed to the other union instead of forwarding the full amounts to the other union. Plaintiff union's motion for summary judgment granted in part; defendant union's motion for summary judgment denied; other motions to strike and for leave to supplement the record denied and granted in part.

D66695

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Union Representation , Contracts , Breach

Delaware Supreme Court

McCoy v. State, DeFAX Case No. D66689 (Del. Jan. 20, 2015) Holland, J. (en banc) (61 pages).

The Delaware Supreme Court reversed and remanded defendant's convictions and death sentence, finding that the trial court erred in denying defendant's properly exercised peremptory challenge and prosecutorial misconduct prejudicially affected defendant's substantial rights to a fair trial.

D66689

Practice Areas: Appellate Law - Criminal , Criminal Law , Constitutional Law

Delaware Supreme Court

Moses v. Drake, DeFAX Case No. D66686 (Del. Jan. 27, 2015) Valihura, J. (11 pages).

The trial court properly found plaintiff's expert witness's opinion that it was "feasible" that plaintiff's back pain was causally related an automobile accident with defendant legally insufficient.

D66686

Practice Areas: Civil Procedure , Discovery , Pre-trial Procedure , Evidence , Expert Witnesses

Delaware Court of Chancery

I/M/O Tax Parcel No. 09-008.01-001, DeFAX Case No. D66691 (Del. Ch. Jan. 16, 2015) Glasscock, V.C. (14 pages).

Notwithstanding expert opinions expressing doubt as to the whether signatures on a deed were genuine, other testimony and evidence supported a conclusion that the deed was not invalid as a product of forgery. Order denying petition to set aside conveyance of real property.

D66691

Practice Areas: Evidence , Expert Witnesses , Residential and Commercial Real Estate , Documentary Evidence

Delaware Superior Court

Wiercinski v. Brescia Properties LLC, DeFAX Case No. D66687 (Del. Super. Jan. 15, 2015) Jurden, P.J. (8 pages).

The court granted defendant's motion to exclude plaintiff's expert witness's testimony because the expert's opinion was based solely on his work experience, and his methodology was not supported by any scientific data.

D66687

Practice Areas: Civil Procedure , Discovery , Pre-trial Procedure , Evidence , Expert Witnesses

Delaware Superior Court

Yellow Pages Group LLC v. Ziplocal LP, DeFAX Case No. D66688 (Del. Super. Jan. 27, 2015) Jurden, P.J. (12 pages).

The court granted defendant's motion to stay plaintiff's claim for indemnification, finding that the claim was not ripe because the underlying litigation was still pending.

D66688

Practice Areas: Contracts , Breach , Warranties , Civil Procedure , Motion Practice

Delaware Superior Court

Beach Babies Child Care Inc. v. Hurd, DeFAX Case No. D66690 (Del. Super. Jan. 23, 2015) Young, J. (11 pages).

The Unemployment Insurance Appeals Board's finding that a former employee was discharged without just cause was legally flawed because the board did not apply the proper legal standard.

D66690

Practice Areas: Social Services Law , Unemployment Compensation , Labor and Employment , Hiring/Firing , Administrative Law

U.S. District Court of Delaware

Shahin v. PNC Bank NA, DeFAX Case No. D66684 (D. Del. Jan. 13, 2015) Stark, J. (5 pages).

The court denied plaintiffs' motion for reargument, as plaintiffs' claims were repetitive of those previously considered and rejected or failed to plead facts that could give rise to defendants' liability.

D66684

Practice Areas: Civil Procedure , Motion Practice , Banking and Financial Institutions , Residential and Commercial Real Estate

Delaware Supreme Court

Carbaugh v. Woods on Herring Creek Homeowners Ass'n, DeFAX Case No. D66681 (Del. Jan. 14, 2015) Strine, C.J. (4 pages).

The trial court properly found that plaintiffs' complaint was barred under the doctrine of laches.

D66681

Practice Areas: Civil Procedure , Contracts , Appellate Law - Civil , Timeliness

Delaware Court of Chancery

Alfred v. Walt Disney Co., DeFAX Case No. D66680 (Del. Ch. Jan. 14, 2015) Glasscock, V.C. (14 pages).

Pro se plaintiff's complaint alleging that Disney was stalling the development of a flying car failed to state a claim upon which relief could be granted.

D66680

Practice Areas: Civil Procedure , Motion Practice , Jurisdiction and Service of Process , Contracts

Delaware Court of Chancery

Bear Stearns Mortgage Funding Trust 2006-SL1, DeFAX Case No. D66676 (Del. Ch. Jan. 12, 2015) Laster, V.C. (37 pages).

Meritorious grounds for reargument and redetermination of timeliness issues were presented where court and parties had earlier failed to address controlling Delaware case authority, failed to fully explicate key contractual provision, and failed to give due consideration to a recent amendment to Delaware code provision. Motion for reargument granted; previously granted motion to dismiss now denied as to all but two counts in complaint.

D66676

Practice Areas: Securities and Federal Corporate Law , Securities Fraud , Creditors

Delaware Court of Chancery

Parsons v. Digital River Inc., DeFAX Case No. D66679 (Del. Ch. Jan. 12, 2015) Glasscock, V.C. (6 pages).

The court denied plaintiff's motion to expedite with respect to two disclosure claims, as one claim was moot and the cost of expedition outweighed the value of any potential disclosure to stockholders.

D66679

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights , Mergers and Acquisitions , Civil Procedure , Motion Practice

Delaware Court of Chancery

I/M/O Last Will and Testament of Smith, DeFAX Case No. D66682 (Del. Ch. Jan. 8, 2015) Ayvazian, M.C. (21 pages).

Petition challenging elderly decedent's will as product of undue influence lacked support of evidence establishing respondents had disposition to influence, or actually influenced, testator for an improper purpose. Master's recommendation that petition seeking an order voiding a will be denied.

D66682

Practice Areas: Trusts and Estates

Delaware Superior Court

Knott v. Covert, DeFAX Case No. D66683 (Del. Super. Jan. 15, 2015) Young, J. (7 pages).

Proffered expert's opinion as to cause of rear-end auto accident would not assist trier of act, as it was not scientific, technical, or specialized. Motion in limine granted.

D66683

Practice Areas: Evidence , Scientific Evidence , Expert Witnesses , Relevance

Delaware Superior Court

Vaughn v. Jackerson, DeFAX Case No. D66685 (Del. Super. Jan. 14, 2015) Rocanelli, J. (7 pages).

Defendant's application for certification of interlocutory appeal was untimely and lacked showing that underlying decision addressed unsettled question of law. Order denied application for order certifying appeal from interlocutory order.

D66685

Practice Areas: Appellate Law - Civil , Interlocutory Appeal , Timeliness , Medical Malpractice

U.S. District Court of Delaware

In re New Century TRS Holdings, DeFAX Case No. D66671 (D. Del. Dec. 22, 2014) Robinson, J. (7 pages).

Pro se appellant's numerous requests for extension time to prepare opening brief warranted dismissal of appeal for failure to prosecute. Order granting appellee's motion to dismiss appeal.

D66671

Practice Areas: Appellate Law - Civil , Timeliness

U.S. District Court of Delaware

Zieger v. Advance America, DeFAX Case No. D66675 (D. Del. Dec. 29, 2014) Robinson, J. (16 pages).

Payday loan customer who opted out of arbitration provision lacked standing to assert consumer class action claim alleging bad faith, unconscionable contract terms and violation of consumer fraud statute. Order granting motion to dismiss with leave to amend as to two counts.

D66675

Practice Areas: Consumer Protection , Civil Procedure , Class Actions , Alternative Dispute Resolution , Arbitration (ADR)

U.S. District Court of Delaware

Eppley v. The Univ. of Delaware, DeFAX Case No. D66666 (D. Del. Jan. 12, 2015) Sleet, J. (9 pages).

Defendants were entitled to summary judgment on plaintiffs' claims based on Title IX, negligent misrepresentation and fraudulent inducement arising after university allegedly failed to honor an athletic scholarship agreement.

D66666

Practice Areas: Contracts , Fraud (Contracts) , Civil Procedure , Motion Practice

Delaware Supreme Court

Smith v. Grief, DeFAX Case No. D66673 (Del. Jan. 8, 2015) Vaughn, J. (7 pages).

The court affirmed the denial of plaintiff's motion in limine to exclude the testimony of a biomechanical engineer in her personal injury action arising from an automobile accident.

D66673

Practice Areas: Evidence , Expert Witnesses , Admissibility , Appellate Law - Civil

Delaware Court of Chancery

Theravectys SA v. Immune Design Corp., DeFAX Case No. 66674 (Del. Ch. Dec. 23, 2014) Noble, V.C. (6 pages).

Defendant in trade secrets law suit was not entitled to responses to supplemental interrogatories regarding matters to which it had already responded, but document production was appropriate with respect to issues that were central to the plaintiff's claims and toward its understanding of third party views.

Practice Areas: Civil Procedure , Discovery , Intellectual Property , Trade Secrets

Delaware Court of Chancery

I/M/O Liquidation of Freestone Ins. Co., DeFAX Case No. D66668 (Del. Ch. Dec. 24, 2014) Laster, V.C. (24 pages).

Bank holding assets of delinquent insurance company in receivership under administration of Delaware Insurance Commissioner had no viable claim of right under earlier custody agreement to refuse Commissioner's demand that assets be returned. Bank's motion for declaratory order establishing its right to retain assets as security against future claims denied.

D66668

Practice Areas: Insurance Law , Policy Terms , Bad Faith , Banking and Financial Institutions

Delaware Court of Chancery

Holley v. Nipro Diagnostics Inc., DeFAX Case No. D66667 (Del. Ch. Dec. 23, 2014) Parsons, V.C. (34 pages).

Plaintiff was entitled to partial summary judgment in his advancement action arising out of an SEC investigation into insider trading.

D66667

Practice Areas: Securities and Federal Corporate Law , Securities Fraud , White Collar Crime , Banking Crimes , Civil Procedure , Motion Practice

Delaware Court of Chancery

In re Appraisal of Ancestry.com, Inc., DeFAX Case No. D66669 (Del. Ch. Jan. 5, 2015) Glasscock, V.C. (24 pages).

Only the record owner of corporate shares, not the beneficial owner, was required to show that specific shares for which it sought post-merger appraisal had not been voted in favor of the merger. Motion for summary judgment denied.

D66669

Practice Areas: Securities and Federal Corporate Law , Shareholder Rights , Mergers and Acquisitions

U.S. District Court of Delaware

Williams v. Christina Sch. Dist., DeFAX Case No. D66664 (D. Del. Dec. 31, 2014) Stark, J. (8 pages).

The court granted defendants' motion to dismiss plaintiff's claims under §1983 following the termination of her employment with a school district, as plaintiff failed to show that she had a constitutionally protected property interest in continued employment.

D66664

Practice Areas: Labor and Employment , Hiring/Firing , At-Will Employment

Delaware Supreme Court

Upton v. Division of Family Servs., DeFAX Case No. D66663 (Del. Dec. 11, 2014) Valihura, J. (12 pages).

The family court did not abuse its discretion in its factual finding and did not err in applying the law to the facts in its decision terminating father's parental rights for his three daughters.

D66663

Practice Areas: Family Law , Custody and Child Support , Guardianship , Appellate Law - Civil

Delaware Court of Chancery

In the Matter of J.T.M., DeFAX Case No. D66658 (Del. Ch. Dec. 31, 2014) Glasscock, V.C. (9 pages).

The proper standard for imposing guardianship is clear and convincing evidence. Petition for guardianship granted.

D66658

Practice Areas: Family Law , Guardianship , Evidence , Burden of Proof

Delaware Court of Chancery

Ridgewood Manor II Inc. v. Del. Manufactured Home Relocation Auth., DeFAX Case No. D66661 (Del. Ch. Dec. 31, 2014) Noble, V.C. (26 pages).

Landlords and tenants of manufactured home communities moved for summary judgment in their action against Delaware Manufactured Home Relocation Authority for improper collection of assessments under the Manufactured Home Owners and Community Owners Act. Motion denied.

D66661

Practice Areas: Land Use and Planning , Civil Procedure , Motion Practice , Administrative Law

Delaware Superior Court

Gunn v. McKenna, DeFAX Case No. D66656 (Del. Super. Dec. 23, 2014) Young, J. (10 pages).

Candidate for Kent County Recorder of Deeds was entitled to contest the election results, as he showed "malconduct" pursuant to 15 Del. C. §5941(1), and the court instructed the Department of Elections to conduct a hand recount of the absentee ballots cast in the election to determine the true victor.

D66656

Practice Areas: Election and Political Law , Civil Procedure , Standing

Delaware Superior Court

McLeod v. McLeod, DeFAX Case No. D66659 (Del. Super. Dec. 20, 2014) Brady, J. (24 pages).

Plaintiff's claim that opposing counsel should be disqualified because he might be called as a witness to impeach another witness was not supported by clear and convincing evidence and did not target potential testimony necessary to resolution of the litigation. Order denying plaintiff's motions to disqualify counsel, for telephonic conference, to exclude expert testimony, and for order to transport incarcerated plaintiff to court.

D66659

Practice Areas: Evidence , Witnesses , Expert Witnesses , Prior Bad Acts

Courts of Common Pleas

Hart v. Eye, DeFAX Case No. D66657 (C.P. New Castle Dec. 11, 2014) Smalls, J. (8 pages).

Prospective buyer's inability to obtain financing after relying in good faith on advice of real estate professionals in making offer did not constitute bad faith warranting seller's refusal to return purchase deposit. Judgment on claim for breach of contract entered in favor of plaintiff/appellant.

D66657

Practice Areas: Residential and Commercial Real Estate , Contracts , Breach , Fraud (Contracts)

Courts of Common Pleas

Yates v. Brezial, DeFAX Case No. D66665 (C.P. New Castle Dec. 12, 2014, revised Dec. 16, 2014) Rennie, J. (8 pages).

Plaintiff failed to meet her burden of proving, by a preponderance of the evidence, that her three nieces were civilly liable for assault and battery against her.

D66665

Practice Areas: Torts , Intentional Torts , Assault , Battery , Damages

U.S. District Court of Delaware

Mondero v. Lewes Surgical & Medical Assocs., P.A., DeFAX Case No. D66638 (D. Del. Dec. 9, 2014) Thynge, M.J. (23 pages).

Health care employees alleging gender and race discrimination and hostile work environment against their employer and fellow employee failed to state a claim for discrimination against individual defendants, but could amend their complaint for retaliation. Defendants' motions to dismiss granted in part and denied in part.

D66638

Practice Areas: Labor and Employment , Discrimination , Age Discrimination , Sex Discrimination , Race Discrimination

Delaware Supreme Court

Vanvliet v. D& B Transp., DeFAX Case No. D66645 (Del. Nov. 20, 2014) Strine, C.J. (3 pages).

Appellant who sought reimbursement under Delaware's Workers' Compensation Act for surgery performed by a non-certified Maryland surgeon was not entitled to such reimbursement in light of the Supreme Court's decision of Wyatt v. Rescare Home Care.

D66645

Practice Areas: Social Services Law , Workers