This Weeks Cases

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Practice Areas: Social Services Law , Workers