Delaware, February, 2005, State Case law

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State Courts - Delaware - February 2 - February 3, 2005

Arthur v. Div. of Family Servs., No. 244, 2004, SUPREME COURT OF DELAWARE, February 2, 2005, Decided
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Overview: Termination of father's parental rights was upheld, as a state agency first tried to reunify the family by placing the child with her grandmother, and his parental rights would have been terminated even if he had been appointed counsel at the outset.

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Orloff v. Shulman, C.A. No. 852-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 2, 2005, Decided
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Overview: The corporate directors, pursuant to Del. Ch. Ct. R. 26(c), were granted a stay of discovery pending a decision on their motion to dismiss a derivative action. A successful motion to dismiss might have been dispositive. The shareholders did not request interim relief. The shareholders' discovery requests were broad and potentially burdensome.

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Allen v. News Corp., Civil Action Nos. 979-N, 980-N, 981-N, 982-N, 984-N, 985-N, 986-N, 991-N, 994-N, 995-N, 996-N, 1003-N, 1018-N, 1026-N, 1033-N, 1034-N and 1036-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 3, 2005, Decided
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Carson v. Hancock, No. 305, 2004, SUPREME COURT OF DELAWARE, February 3, 2005, Decided
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Overview: An order granting two parents shared joint custody and residential placement of their minor son was upheld on appeal, because the mother's allegations of abuse and illness were unsubstantiated.

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Encompass Servs. Holding Corp. v. Prosero Inc., Civil Action No. 578-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 3, 2005, Decided , February 3, 2005, Filed
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Overview: Dissenting shareholder's failure to timely file its Del. Code Ann. tit. 8, ? 262 demand for appraisal was excused because it reasonably believed that the bankruptcy court handling its Chapter 11 proceeding had either exclusive or "related to" jurisdiction of all matters relating to its holding, so that it reasonably filed its demand in that court.

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McCaleb v. Klein, C.A. 01C-10-238 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 3, 2005, Decided
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Overview: Court denied plaintiff's new trial motion but granted additur, and granted defendant's costs motion in minimal impact car accident; defendant was negligent but jury awarded no damages, as plaintiff appeared to be "cashing in" on incident.

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Nesmith v. Carroll, No. 538, 2004, SUPREME COURT OF DELAWARE, February 3, 2005, Decided
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Overview: Motion to affirm dismissal of petition for writ of mandamus, claiming that appellant had not been credited with certain statutory good time, was granted. Appeal was without merit where issues presented on appeal were controlled by settled state law.

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Playtex Prods. v. Harris, No. 433, 2004, SUPREME COURT OF DELAWARE, February 3, 2005, Decided
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Pochvatilla v. Univ. of Del., C.A. No.: 03C-11-015 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 3, 2005, Decided
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Overview: In a student's personal injury action alleging a university failed to provide for her security, the university was granted summary judgment. The student did not respond to a request to admit that she had no evidence that the university breached its standard of care, so the request was deemed admitted under Del. Super. Ct. R. Civ. P. 36.

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Schwartzkopf v. Esham, No. 82, 2004, SUPREME COURT OF DELAWARE, February 3, 2005, Decided
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