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| Price v. State, No. 513, 2008,
SUPREME COURT OF DELAWARE, February 23, 2009, Decided
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Overview: Because defendant's arguments challenging the sufficiency of the evidence and the credibility of the witnesses were not raised in his direct appeal, and because his double jeopardy argument was raised and rejected on direct appeal, his claims were procedurally barred by Del. Super. Ct. R. Crim. P. 61(i)(3), (4) (2009).
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| Thomas v. State, No. 300, 2008,
SUPREME COURT OF DELAWARE, February 23, 2009, Decided
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Overview: Because the rotten waste smelled after defendant's truck left a wildlife area was identified as coming from the clam processor who hired defendant to haul waste from its plant, the evidence was sufficient to sustain defendant's convictions of driving a motor vehicle in a wildlife area and disposing or discharging solid waste without a permit.
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| West Willow-Bay Court, LLC v. Robino-Bay Court Plaza, LLC, C.A. No. 2742-VCN,
COURT OF CHANCERY OF DELAWARE, February 23, 2009, Decided, February 23, 2009, Filed
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| Cervantes v. Bridgestone/Firestone N., C.A. No. 07C-06-249-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2009, Decided
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| In re Citigroup Inc. S'holder Derivative Litig., Civil Action No. 3338-CC,
COURT OF CHANCERY OF DELAWARE, February 24, 2009, Decided
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Overview: As corporate shareholders did not properly plead demand futility pursuant to Del. Ch. Ct. R. 23.1 in most of their claims of corporate waste and breaches of fiduciary duties by former and current corporate officers and directors, the claims were dismissed; there was insufficient factual particularity as to the futility of the demand.
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| In re Citigroup Inc. S'holder Derivative Litig., Civil Action No. 3338-CC,
COURT OF CHANCERY OF DELAWARE, SUSSEX, February 24, 2009, Decided
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| State v. Edwards, I.D. No. 0402010188,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2009, Decided
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Overview: Defendant's motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61 was denied because defendant's counsel did not act unreasonably by failing to file a baseless motion to suppress a witness's testimony at retrial when the motion would have been denied, and the failure to file the motion did not affect defendant's guilty plea.
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| Underbrink v. Warrior Energy Servs. Corp., Civil Action No. 2982-VCP,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 24, 2009, Decided
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Overview: Directors were awarded advancement and reimbursement of expenses and fees on fees under Del. Code Ann. tit. 8, ¿ 145(k) with respect to their defense of a Texas action brought against them due to their corporate status, but their requested amounts were reduced where the allocation of fees and expenses was not properly justified.
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