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| Knight v. Caremark Rx, C.A. No. 1750-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 12, 2007, Decided
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Overview: Former CFO abandoned any right to demand that company allow him to exercise options to buy company stock. Settlement agreement compromised lawsuit in which CFO raised issue his right to exercise options granted to him, and by clear terms of releases, CFO abandoned any right to press such claim in future.
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| Healthtrio, Inc. v. Margules, C.A. No: 06C-04-196,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 16, 2007, Decided
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Overview: In a legal malpractice suit, a freely negotiated forum selection clause barred claims against a firm and its attorneys because the client showed no grave inconvenience, but long-arm jurisdiction, under Del. Code Ann. tit. 10, § 3104(c)(2), was proper over another firm due to the firm's broad initial undertaking in Delaware on the client's behalf.
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| Kostyshyn v. State, No. 271, 2006,
SUPREME COURT OF DELAWARE, January 16, 2007, Decided
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Overview: Superior court's discharge of probation as unimproved was affirmed, as appeal was wholly without merit and devoid of any arguably appealable issue. Defendant's counsel's motion to withdraw was moot.
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| State v. Hickman, Def. ID # 0104000979,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 16, 2007, Decided
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Overview: An inmate's postconviction relief claim was time-barred by former Del. Super. Ct. R. Crim. P. 61(i)(1) because the rule required him to file his petition within three years after his conviction became final, and his petition was filed over one year after that period expired. He did not show an exception, based on a miscarriage of justice, applied.
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| Williams v. DCSE/Mercer, No. 409, 2005,
SUPREME COURT OF DELAWARE, January 16, 2007, Decided
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Overview: A commissioner's calculation of a father's child support obligation was properly based on the Melson Formula once supplemental security income was removed from the calculation; the commissioner considered the father's disability, his other support obligations, and the custody and visitation order.
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| Cypress Assocs., LLC v. Sunnyside Cogeneration Assocs. Project, C.A. No. 1607-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 17, 2007, Decided
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Overview: Bondholder's and controlling stockholders' cross-motions for judgment on the pleadings were denied because contract language governing the calculation of bond interest payments from a business project to bondholders was ambiguous and a dispute existed as to the parties' original intent. Thus, an award for judgment on the pleadings was improper.
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| Hough Assocs. v. Hill, C.A. No. 2385-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 17, 2007, Decided
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Overview: Corporation was entitled to preliminary injunction as to founder's violation of non-competition agreement, as, inter alia, given founder's working for competitor of corporation, he materially breached agreement, corporation faced irreparable injury in the absence of an injunction, and the balance of equities favored granting injunction.
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| Psilos Group Ptnrs, L.P. v. Towerbrook Investors L.P., C.A. No. 1479-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 17, 2007, Decided
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Overview: Private equity firm did not lead an equity financing of a certain company as defined in a co-investment agreement because the private equity firm did not acquire the company; instead, the private equity firm was able to participate only as a minority investor in the acquisition of the company.
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