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| Certain Underwriters at Lloyd's v. Nat'l Installment Ins. Servs., Civil Action No. 19804-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 8, 2007, Decided
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Overview: It was clear that an insurance broker withheld a limitation of coverage as to the quality of loans in an insurance policy for an automobile loan portfolio manager, such that a duty by the broker which was breached was established; however, issues of fact existed as to the manager's damages that precluded summary judgment on a negligence claim.
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| Mackes v. Bd. of Adjustment of Fenwick Island, C.A. No. 06A-03-001-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 8, 2007, Decided
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Overview: City board of adjustment erred in denying a property owner's request pursuant to Del. Code Ann. tit. 22, § 327(3), for a zoning variance to allow construction of a home, as the board's demand that the variance represent the minimum necessary to resolve the potential difficulty was arbitrary and was not supported by competent evidence.
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| Perlegos v. Atmel Corp., C.A. No. 2320-N, C.A. No. 2321-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 8, 2007, Decided
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Overview: Terminated officers of a company were denied reinstatement under Del. Code Ann. tit. 8, § 225 because their terminations fell within the proper scope of a validly created special committee, those who served on the committee did not suffer from disabling conflicts of interest, and the decisions were the product of a fair and reasonable process.
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| Pollard-Marcus v. Forcucci, C.A. No. 06C-02-012-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 8, 2007, Decided
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Overview: Injured party's motion for new trial or, in alternative, for additur under Del. Super. Ct. R. Civ. P. 59, was denied because evidence supported the jury's finding that the injured party was less than candid; among other things, the court noted that when contrary to her personal injury claims, injured party took issue with her treating providers.
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| Sigismondi v. Hall, C.A. No. 05C-05-011 WLW,
SUPERIOR COURT OF DELAWARE, KENT, February 8, 2007, Decided
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Overview: Although there was a factual dispute, a treating physician's testimony concerning a patient's low back and ankle injuries was relevant, reliable, and admissible under Del. R. Evid. 702 and Daubert; because the jury would be the ultimate fact finders concerning the factual disputes presented, the defendant's motion in limine was denied.
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| Option One Mortg. Corp. v. Diamicis, C.A. No: 06L-03-024J-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 9, 2007, Decided
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Overview: A mortgagor was not entitled to vacate or stay the confirmation of a sheriff's sale of her property, after she defaulted on its mortgage, because the irregularity in the sale, when the successful bidder balked at depositing the full purchase price, did not prejudice the mortgagor, and the mortgagor was not equitably entitled to set the sale aside.
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| Boscov's Dep't Store v. Jackson, C.A. 06A-06-001 RBY,
SUPERIOR COURT OF DELAWARE, KENT, February 12, 2007, Decided
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Overview: Delaware Human Rights Commission properly determined that a department store violated Del. Code Ann. tit. 6, § 4504(a) by cancelling classes appellees were scheduled to teach based on their involvement, or perceived involvement, with the religions of Wicca and Paganism, because appellees were members of a protected class based on their creed.
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| State v. Drummond, Def. ID No. 0311018699A,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 12, 2007, Decided
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Overview: Appellant was not entitled to postconviction relief because the results of her polygraph examination could not have helped her obtain a verdict of not guilty on robbery charges as the results were not admissible at trial and she could not raise a claim of improper impeachment as she did not testify at trial.
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