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| In re Tenenbaum, No. 565, 2006,
SUPREME COURT OF DELAWARE, February 6, 2007, Decided
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Overview: No statutes of limitation applied to a professional disciplinary proceeding and, therefore, no basis exists in such proceedings to assert the affirmative defense of laches. In such a proceeding, an attorney was disbarred as a result of engaging in a pattern of sexual misconduct with his female clients for more than two decades.
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| In re Tyson Foods, Inc. Consol. S'holder Litig., Consolidated C.A. No. 1106-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 6, 2007, Decided
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Overview: In a challenge to corporate transactions, plaintiffs demonstrated equitable tolling and fraudulent concealment tolled the statute of limitations, Del. Code Ann. tit. 10, § 8106. Plaintiffs alleged defendants knowingly "spring-loaded" options to executives and directors while maintaining in public that such options were issued at market rates.
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| Ryan v. Gifford, Civil Action No. 2213-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 6, 2007, Decided
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Overview: Shareholder provided sufficient particularity in his complaint in a derivative action for backdated options to survive a motion to dismiss for failure to make demand under Del. Ch. Ct. R. 23.1. However, he lacked standing under Del. Code Ann. tit. 8, § 327 to assert claims for transactions arising before he became a shareholder by way of a merger.
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| Virdin v. State, No. 463, 2006,
SUPREME COURT OF DELAWARE, February 6, 2007, Decided
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| Wilson v. Wilson, C.A. No. 04C-03-031 WLW,
SUPERIOR COURT OF DELAWARE, KENT, February 6, 2007, Decided
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Overview: With respect to plaintiff's motion to compel production of documents in defendant's underlying matter, a trial court, through a commissioner, required defendant to disclose certain specified documents; the remainder were not ordered disclosed and a protective order pursuant to Del. Super. Ct. R. Civ. P. 26(c) was granted in defendant's favor.
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| State v. Jackson, I.D. NO: 0602014308,
SUPERIOR COURT OF DELAWARE, KENT, February 7, 2007, Decided
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Overview: Because defendant had been removed involuntarily from the place where he could make a threshold refusal, and because defendant clearly refused to consent to a search of the residence, a warrantless search of the residence was unreasonable; accordingly, all evidence of the alleged drug paraphernalia found in the residence had to be suppressed.
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