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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.