Tenure-track assistant professor who was dismissed from his job failed to plead triable issues of material fact supporting claims for deprivation of Fourteenth Amendment procedural due process, breach of contract, First Amendment retaliation, or violation of Delaware Whistleblowers' Protection Act. Defendants' motion for summary judgment granted.
The court affirmed defendant's convictions for assault in the second degree and terroristic threatening, as the evidence was sufficient to support the convictions and the trial court did not commit plain error in its jury instruction.
The trial court reversibly erred in excluding certain relevant testimony in violation of the Delaware Rules of Evidence, thus defendant's drug-related convictions were reversed and the case was remanded.
Plaintiff's failure to establish that deendant's corporate affiliate had possession or custody of documents relating to manufacturing, testing, and shipment of pharmaceutical products manufactured by corporate affiliate for defendant warranted protective order denying plaintiff's request for document production. Third party's motion for protective order granted in part and denied in part.
A dispute arose as to whether the forum selection clause in a licensing agreement survived cancellation of the license needed to be resolved by a Georgia court. Motion to dismiss granted, and complaint dismissed without prejudice.
Covenant not to sue in credit agreement regarding administration of bankruptcy debtor's debts and creditors' rights barred controlling stockholder from obtaining "requisite lender" status, with right to force other lenders to forbear from exercising their rights. Motion to dismiss or dismiss complaint granted, denied and stayed in part.
Under Delaware law, for a UCC-3 termination statement to effectively extinguish the perfected nature of a UCC-1 financing statement, it is enough that the secured lender reviewed and knowingly approved for filing a UCC-3 purporting to extinguish the perfected security interest; there is no additional requirement that the lender have intended the legal consequences of the filing. The Delaware Supreme Court issued a decision in response to a certification of Delaware law issued by the Second Circuit of the Court of Appeals.
State prisoner's civil rights complaint stated Eighth Amendment claims against private contractor health care provider for failing to provide physical therapy and pain medications. Defendant's motion to dismiss denied with respect to Eighth Amendment claims denied.
The court found that plaintiff-inmate could not proceed in forma pauperis pursuant to the "three strikes" rule and thus declined to consider the merits of his complaint until the action was properly filed.
The master in chancery recommended the court deny creditor's motion for summary judgment on claims against debtors for unjust enrichment, reformation of a deed of trust and imposition of a constructive trust.
Shareholders failed adequately to plead claim that corporate directors of online educational institution concocted false story regarding existence of bad loans in order to account for missing funds. Defendants' motions to dismiss granted.
Defendant did not waive the attorney-client privilege by asserting a "good faith" affirmative defense in a class action lawsuit based on the Fair Labor Standards Act. Plaintiffs' motion to compel denied in part.
The court affirmed the grant of lender's motion to affirm default judgment and proceed to a sheriff sale, since mortgagors failed to meet their burden of showing that the default judgment against them should be vacated.
The Delaware Court of Chancery had equitable jurisdiction over suit seeking to force defendant to transfer ownership of business to plaintiffs, but action had to be stayed pending filed resolution of action filed in another state a few day earlier. Motions denied as to motion to dismiss and granted as to request for stay.
A developer of a software-based trading business breached his duty of loyalty to investors when he covertly transferred software to a third party for a fraction of what he thought it was worth; but, where in fact the ostensibly valuable software was a simplistic arrangement of public domain components and concepts, an award of only nominal damages was warranted. Judgment in favor of plaintiffs following trial on claims of fraudulent transfer and misappropriation of trade secrets, with order directing payment of nominal damages, rescission of transfers, and costs to prevailing parties.
Plaintiff was entitled to $923,349.26 in attorney fees, which reflected reductions for additional litigation that plaintiff's actions caused and defendants' costs for litigation that conferred a distinct benefit upon plaintiff.
An elderly decedent's children failed to establish that their parent's decision to leave most of his property to his second wife was the result of undue influence where the evidence disclosed plausible alternative explanations for the decedent's pre-death decisions.
In the interest of justice, defendant was entitled to a new trial because the trial court failed to provide any supportive reasoning on the record for its decision to grant government's motion in limine seeking to admit evidence of a prior conviction.
No oral contract was created while parties negotiated by email for sale of goods; contract was established when buyer emailed purchase order that included purchaser's standard terms, including forum selection clause. Magistrate's recommendation that motion to dismiss be denied.
Defendant in legal firm's claims for fees and breach of contract failed to show that his proffered expert was familiar with standard of practice in Delaware, that the trial court erred in granting summary judgment without deciding pending motions, that the trial court erred in granting summary judgment in agreement with the plaintiff's breach of contract claim, or that the defendant should have been allowed to depose his former attorneys after the discovery cutoff date. Judgment of trial court affirmed.
In proceedings addressing motions for certification of interlocutory appeals from rulings in an advancement proceeding, both sides presented issues relating to proper standard for determining when a counterclaim can be advanced. Order granting both sides' motions for certification of interlocutory appeal to the Delaware Supreme Court.
By its plain meaning, a right of first refusal agreement established a valid framework for selling decedent's properties under a related transactional agreement transferring ownership and control of public company. Motions for judgment on the pleadings granted in part and denied in part.
Plaintiffs' proffered expert witness was qualified to offer opinions on helicopter operational impact and autorotation and engine maintenance, but not on hypothetical alternate design options. Order granting in part and denying in part parties' motions in limine.
Insurer's allegations that life insurance policy was void or voidable due to lack of insurable interest at inception and/or material misrepresentations in application warranted granting insurer permission to deposit policy proceeds into court's registry pending resolution of litigation. Motions granted in part and denied in part.
Where the City of Wilmington condemned the property in which plaintiff resided, plaintiff failed to prove retaliation and violations of his First and Fourteenth Amendment rights. Plaintiff allowed to proceed on remaining claims.
Acquiring company adequately stated securities fraud and tort claims against directors of company for their failure to disclose fees acquired company owed to financial advisors. Defendants' motion to dismiss for failure to state claims denied in part and granted in part.
Parties to a tax receivable agreement were not entitled to payments derived from future tax benefits under terms providing for early payment on change of corporate control where they failed to show change of "ultimate parent" following IPO merger. Motion to dismiss granted.
In a corporation's malpractice suit against an accounting firm for failing to discover a corporate officer's wrongful misappropriation of corporate funds, there was a genuine issue of material fact as to whether the corporation might have benefited from the officer's acts so as to preclude judgment against the accounting firm on its in pari delicto defense. Plaintiff's motion to strike or alternatively for partial summary judgment denied.
Defendant-wife failed to prove her duress and setoff defenses in plaintiff-husband's breach of contract action arising from their oral agreement to divide marital property in connection with their divorce.
Plaintiff failed to prove her negligence claim against defendant based on his alleged transmission of a sexual virus to her, but she did establish that he was vicariously liable for damage to her property resulting from the execution of a search warrant, of which defendant was the subject.
Transfer to Idaho of bankruptcy trustee's federal court racketeering claims against debtor entities was appropriate where suit could have been filed in Idaho and interests of convenience and justice warranted transfer.
Debtor corporation and its corporate owner and manager were not "single employer" for purposes of determining liability for an alleged failure to warn of an impending mass layoff, as required by the Worker Adjustment and Retraining Notification Act. Order affirming bankruptcy court order and dismissing appeal.
The Superior Court properly found that defendants violated a conditional sales agreement for real property and that collateral estoppel barred them from re-litigating the Delaware Real Estate Commission's findings.
Defendant's Fourth Amendment rights were not violated when his vehicle was stopped at a sobriety checkpoint and he was arrested for driving a vehicle while under the influence of alcohol or with a prohibited alcohol content.
Collateral source rule could not be applied to permit tort claimant to recover past medical damages in excess of amount paid by Medicare Trust Fund. Defendants' motion for judgment on the pleadings granted.
Under Delaware Uniform Contribution Among Tortfeasors Act, joint or several negligence will not suffice to impose contribution where the legal relationship between plaintiff and both defendants against whom contribution was asserted was not the same. Third-party defendants' motion to dismiss granted.
Plaintiff's past pattern of filing repetitive and non-meritorious claims arising out of common nucleus of operative facts, related to 2008 coastal storm, warranted dismissal of complaint as frivolous and malicious.
Plaintiff in derivative action failed to allege that descriptions of compensation described in proxy statement were false and misleading or that compensation payments made to corporate officers constituted waste of corporate assets and unjust enrichment.
Non-binding funding provision in parties' pre-merger letter of intent to negotiate merger was not admissible at trial to determine meaning of funding provisions in final merger agreement. Superior Court's final judgment order denying motion for new trial reversed.
Corporation requested a temporary restraining order to prevent competition by former employee and declined to grant specific performance of a settlement agreement on the limited record, since a balance of the harms weighed in former employee's favor. TRO denied.
Plaintiff who challenged the condemnation of a group home based on city housing code violations had standing to sue under the Delaware Fair Housing Act; however defendant's motion to dismiss was granted.
The court defined the scope of production in a shareholder's request for inspection and found that a confidentiality agreement would address concerns over the confidentiality to be accorded documents that would not ordinarily find their way into the public light.
Defendant's court-appointed counsel moved to withdraw for lack of meritorious issues, and in response, defendant moved for post-conviction relief based on his ineffective assistance of counsel claims. Defendant's motion denied; counsel's motion granted.
A contract employee who chose to resign upon learning her employers were unhappy with her work was foreclosed from later claiming breach of contract in violation of an implied covenant of good faith and fair dealing. Determination following bench trial that employee resigned, with order permitting additional briefing on disputed issue as to constructive discharge.
Former school employee failed to support her claims that defendant terminated her in violation of the Delaware Whistleblowers' Protection Act as a result of her refusal to cover up sexual misconduct between two students. Defendant's motion for summary judgment granted.
Attorney was not collaterally estopped from collecting the remainder of unpaid fees from one retainer agreement co-signer, despite the fact that he had collected a portion of the fee from the other co-signer in a prior action.
Reformation of a deed was warranted where names of both husband and wife appeared on the deed but property was purchased using funds obtained through a mortgage loan made solely to the husband. Chancery master's recommendation that summary judgment be granted to plaintiff bank.
Claimant established by clear and convincing evidence that decedent made an enforceable oral agreement to dispose of property after his death in a manner that deviated from a facially valid written will in favor of the claimant's brother. Order overruled exceptions to master's report, directed decedent's estate to convey title to claimant in fee simple, and rescinded and declared null and void decedent's last will.
As the attorney-in-fact for his elderly, incompetent mother, petitioner was subject to a forensic accounting of his use of his mother's funds from the time the power of attorney was executed. The matter was remanded for the appointment of an attorney ad litem to represent the mother's interests in determining whether petitioner's brother was due reimbursement from the mother's funds for his children's educational expenses.
Plaintiff in Delaware action seeking to prevent defendant from obtaining trust accounting failed to offer valid reasons for lifting stay ordered by Delaware court pending resolution of related issues in current litigation before Texas court. Motion to lift stay denied without prejudice.
Defendant's motions seeking to have a statutory provision declared unconstitutional based on due process and asking the court to conduct an evidentiary hearing on the effects of trace amounts of marijuana in the bloodstream on driving ability, denied.
The trial court abused its discretion in denying plaintiff's claim for compensatory damages, as he conclusively established that defendant caused an injury, but properly dismissed plaintiff's claims for medical expenses and lost wages, since he failed to introduce sufficient evidence to show those damages. Judgment partially affirmed, and case remanded.
Maintenance mechanic who suffered injury following his failure to follow employer's mandated safety procedure could not assert failure-to-warn claim against third party manufacturer. Motion for summary judgment granted.
A police officer was acting under the umbrella of the exigent circumstances exception to the warrantless entry when he pursued defendant into his home; thus defendant's arrest was not unconstitutional and he was guilty of resisting arrest.
Party's rejection of five-year services contract following earlier agreement that contract would be extended in writing warranted retroactive billing for services at higher month-to-month rate. Motion to dismiss complaint denied.