This Weeks Cases

U.S. District Court of Delaware

Anderson v. GRCR, LLC, DeFAX Case No. D67383 (D. Del. Sept. 29, 2016) Stark, J. (15 pages).

While a lawsuit concerning the purchase of a company was pending in the Court of Chancery, shareholder/board director filed almost identical claims for breach of fiduciary duty against other directors in federal court. Defendants motion granted in part, denied in part.


Delaware Supreme Court

Shahin v. City of Dover Bd. of Assessment Appeals, DeFAX Case No. D67381 (Del. Sept. 27, 2016) Holland, J. (7 pages).

Owners who asserted that the city's reassessment of their property was too high and violated the Federal Fair Housing Act and 42 and §1983 could not prove that the city had acted arbitrarily and capriciously in its reassessment. Affirmed.


Delaware Superior Court

Jones v. Delaware Rapid Transit Corp., DeFAX Case No. D67377 (Del. Super. Oct. 13, 2016) LeGrow, J. (10 pages).

Employee who was injured while washing the interior of a Delaware Rapid Transit bus sued for his injuries, seeking personal injury protection benefits, under Del.C. §2118, which requires registered Delaware vehicles to obtain minimum insurance coverage for medical expenses and lost wages. Denied.


U.S. District Court of Delaware

TP Grp.-CI v. Vetecnik, DeFAX Case No. D67384 (D. Del. Oct. 6, 2016) Andrews, J. (6 pages).

Plaintiff medical devices company could enforce a restrictive covenant against engineer employee who had entered a stock option agreement in exchange for signing non-compete and confidentiality agreements with company and who worked for a competing company while employed by plaintiff.


Delaware Superior Court

JP Morgan Chase Bank v. Rivera, DeFAX Case No. D67379 (Del. Super. Oct. 5, 2016) Clark, J. (4 pages).

Defendants in a mortgage foreclosure action filed a motion to dismiss, alleging that plaintiff bank filed a false loss mitigation affidavit and failed to act in a timely manner in addressing defendants' RESPA queries. Denied.


Delaware Court of Chancery

Chrome Sys., Inc. v. Autodata Solutions, Inc., DeFAX Case No. D67380 (Del. Ch. Sept. 21, 2016) Glasscock, V.C. (8 pages).

In an action for improper dissolution of a joint venture, plaintiff alleged that defendants spoliated evidence and obstructed justice, and sought certification of an interlocutory appeal to serve the considerations of justice. Certification denied.


U.S. District Court of Delaware

Patrick v. Reliance Standard Life Ins. Co., DeFAX Case No. D67382 (D. Del. Sept. 29, 2016) Robinson, J. (6 pages).

Gastroenterologist who was rendered "totally disabled" after sustaining nerve damage during a surgical procedure challenged the monthly benefit owed to her by defendant insurance company. Defendant's motion for summary judgment granted.


Delaware Court of Chancery

Frechter v. Cryo-Cell Int'l, Inc., DeFAX Case No. D67378 (Del. Ch. Oct. 7, 2016) Glasscock, V.C. (4 pages).

After plaintiff moved for summary judgment in his suit against defendant company seeking a declaration that one of its by-laws provisions was illegal, defendant company removed the language, mooting the action. Court awarded mootness fee for plaintiff.