Opinions Digested in Delaware Law Weekly for the Issue of
ALTERNATIVE DISPUTE RESOLUTION Arbitration • Damages Award • Miscalculation • Modification of Award TD Ameritrade, Inc. v. McLaughlin, Piven, Vogel Securities, Inc. DeFAX Case No. D63338 (Del. Ch. July 24, 2008).
Defendants were entitled to a modification of an arbitration award where the arbitration panel miscalculated damages under the Delaware Consumer Fraud Act. Arbitration award modified.
BUSINESS LAW Mergers and Acquisitions • Merger • Breach of Fiduciary Duties • Summary Judgment Ryan v. Lyondell Chemical Co. DeFAX Case No. D63339 (Del. Ch. July 29, 2008).
Defendants were not entitled to summary judgment on plaintiff's Revlon duty claims because there were disputed material issues of fact as to whether the process implemented by the board when faced with a bid for the company constituted a reasonable effort to advance the shareholders' interests. Motions for summary judgment decided.
CIVIL PRACTICE Class Action • Certification • Adequacy of Class Representative In re TD Banknorth Shareholders Litig. DeFAX Case No. D63340 (Del. Ch. July 29, 2008).
Defendants' challenge to class representative adequacy failed where the evidence indicated that the proposed class representatives were sufficiently familiar with the case and that there was no impropriety between these representatives and their counsel. Class certification granted.
CIVIL PRACTICE Damages • Amount • Personal Injury Action • Sexual Abuse of Minor Doe v. Green DeFAX Case No. D63336 (Del. Super. July 21, 2008).
The jury's paltry verdict in this personal injury case arising from the sexual abuse of a minor shocked the court's conscience and sense of justice and, thus, warranted a new trial. Motion for new trial granted.
CIVIL PRACTICE Discovery • Product Identification • Affidavit • Summary Judgment Collins v. Ashland, Inc. DeFAX Case No. D63341 (Del. Super. Aug. 12, 2008).
Although plaintiff provided an affidavit relating to product identification well after the close of discovery and in response to defendant's summary judgment motion, the Superior Court agreed to consider the affidavit in the interests of justice and deferred a decision on the motion until defendant had decided whether to depose the affiant and take additional discovery. Decision on motion for summary judgment deferred.
WORKERS' COMPENSATION Disability • Causation • Work Injury • Medical Experts Hudson v. American Mirrex DeFAX Case No. D63337 (Del. Super. July 23, 2008).
Where claimant's medical expert relied on factors that were not relevant to claimant's work injury, the Industrial Accident Board properly rejected her ultimate conclusion that claimant was totally disabled. Affirmed.
CRIMINAL PRACTICE Probation and Parole • Lawfulness of Search • Parole and Probation Procedure 7.19 Culver v. State DeFAX Case No. D63335 (Del. Supr. en banc Aug. 5, 2008).
In this case of first impression addressing proper administrative search procedures under Parole and Probation Procedure 7.19, the Supreme Court ruled that probation officers unlawfully searched defendant's dwelling based on a tip and, therefore, the trial court erred in denying defendant's motion to suppress. Reversed and remanded; conviction vacated.
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