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| Beck v. Beck, No. 276, 2000,
SUPREME COURT OF DELAWARE, January 12, 2001, Decided
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Overview: Trial court erred by dismissing petition for child support as res judicata where trial record indicated original petition was dismissed without prejudice, and cause remanded for analysis of whether recusal was appropriate.
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| Empire Fin. Servs. v. Bank of N.Y. & James Armistead, C.A. No. 00C-09-235 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 12, 2001, Decided
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Overview: Where the financial services company timely sued the bank, but service was untimely, because the bank refused it due to a technical error in the caption, the savings clause prevented the claim from being dismissed.
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| Fierro v. Gargano, C.A. NO. 00-05-007,
COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, January 12, 2001, Submitted , January 12, 2001, Decided
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Overview: A magistrate erred in denying plaintiffs' motion to vacate a default judgment; plaintiffs had a meritorious claim, setting aside the default would not have unduly prejudiced defendants, and plaintiffs' failure to appear was excusable neglect.
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| Green v. Weiner, No. 294, 1999,
SUPREME COURT OF DELAWARE, January 12, 2001, Decided
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Overview: In medical malpractice action, expert's report and deposition provided sufficient evidence to survive summary judgment because expert was not required to use legal terms, and plaintiffs were not required to provide uncontradicted evidence.
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| In re Triarc Cos. Class & Derivative Litig., Consolidated C.A. No. 15746,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 12, 2001, Decided
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Overview: Settlement agreement in class and derivative actions against corporate directors and executives, which primarily benefitted corporation, was fair because duty of disclosure and contract claims did not support money damages to individuals.
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| Norberg v. Security Storage Co., C.A. No. 12885-NC,
COURT OF CHANCERY OF DELAWARE, KENT, January 12, 2001, Decided
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Overview: Motion for reargument was denied where court was not persuaded it misapprehended law or facts so that outcome of decision, granting summary judgment in defendants' favor because plaintiff acquiesced in merger transaction, would be affected.
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| Smith v. Nu-West Indus., Civil Action No. 15442,
COURT OF CHANCERY OF DELAWARE, SUSSEX, January 12, 2001, Decided
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Overview: Because virtually every financial institution used compound interest at the time of the cause of action, in the interest of fairness, it was proper to award compound interest on prejudgment interest.
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| State Farm Mut. Auto. Ins. Co. v. Anderson, C.A. NO. 00-04-0033,
COURT OF COMMON PLEAS OF DELAWARE, KENT, January 15, 2001, Decided
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Overview: A driver was negligent in causing an accident in which the driver's vehicle hit the insured's vehicle from behind, because the driver failed to maintain a proper distance between vehicles, and failed to maintain a proper lookout.
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