Delaware, February, 2009, State Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

State Courts - Delaware - February 23 - February 24, 2009

Cervantes v. Bridgestone/Firestone N. Am. Tire, LLC, C.A. No. 07C-06-249-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 23, 2009, Decided
View this case - free

Search Cases for Free

Price v. State, No. 513, 2008, SUPREME COURT OF DELAWARE, February 23, 2009, Decided
View this case - free

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).

Search Cases for Free

Thomas v. State, No. 300, 2008, SUPREME COURT OF DELAWARE, February 23, 2009, Decided
View this case - free

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.

Search Cases for Free

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
View this case - free

Search Cases for Free

Cervantes v. Bridgestone/Firestone N., C.A. No. 07C-06-249-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2009, Decided
View this case - free

Search Cases for Free

In re Citigroup Inc. S'holder Derivative Litig., Civil Action No. 3338-CC, COURT OF CHANCERY OF DELAWARE, February 24, 2009, Decided
View this case - free

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.

Search Cases for Free

In re Citigroup Inc. S'holder Derivative Litig., Civil Action No. 3338-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 24, 2009, Decided
View this case - free

Search Cases for Free

State v. Edwards, I.D. No. 0402010188, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2009, Decided
View this case - free

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.

Search Cases for Free

Underbrink v. Warrior Energy Servs. Corp., Civil Action No. 2982-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 24, 2009, Decided
View this case - free

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.

Search Cases for Free

Communities Portal