Delaware, February, 2005, State Case law

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State Courts - Delaware - February 10 - February 11, 2005

Churchill v. State, No. 546, 2004, SUPREME COURT OF DELAWARE, February 10, 2005, Decided
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Overview: An appeal from trial court's orders was dismissed as untimely filed where the notice of appeal was not filed within 30 days after entry upon the docket of the order being appealed, as required by Del. Sup. Ct. R. 6(a)(iii), and where it was not shown that appellant's failure to timely file his notice of appeal was due to failure of court personnel.

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Ferguson v. Vakili, C.A. No. 03C-07-090-MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 10, 2005, Decided
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Overview: Because plaintiffs did not have an expert witness who had expressed an opinion that either the physician that assisted in the surgery or the medical center engaged in negligent conduct with regard to plaintiffs, as required by Del. Code Ann. tit. 18, ? 6853, plaintiffs' medical malpractice claims against them failed to survive summary judgment.

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Floyd v. State, No. 506, 2004, SUPREME COURT OF DELAWARE, February 10, 2005, Decided
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Overview: A State's motion to affirm a trial court's denial of defendant's petition for the correction of illegal sentence under Del. Super. Ct. R. Crim. P. 35(a) was granted where none of the claims made by defendant had any bearing on the alleged illegality of his sentence but, instead, related to matters occurring prior to the imposition of the sentence.

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Kessler v. Copeland, Consolidated C.A. No. 294-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 10, 2005, Decided , February 10, 2005, Filed
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Overview: Motion for summary judgment, under a motion to dismiss pursuant to Del. Ch. Ct. R. 12(b)(6) that was converted to a motion for summary judgment because the movant relied upon documents that it held that were not in the pleadings, was premature and the respondent was given time to complete limited discovery under Del. Ch. Ct. R. 56(f).

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Beck v. Atl. Coast PLC, C.A. No. 303-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 11, 2005, Decided
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Overview: Plaintiff's counsel was held to have violated Del. Ch. Ct. R. 11 and 37 by prosecuting a proposed class action lawsuit against a software company in bad faith by filing false and misleading pleadings and by withholding material information that would have revealed the deception involved.

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Bridge v. Dep't of Health & Soc. Servs., C.A. No. 04A-06-001-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 11, 2005, Decided
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Overview: A termination of a child's Medicaid benefits under the Maryland Children's Community Alternative Disability Program was affirmed under Del. Code Ann. tit. 31, ? 520, as the child's medical condition was not consistent with a qualifying level of care.

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McCaleb v. Klein, C.A. 01C-10-238 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 11, 2005, Decided
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Seeney v. Harmony Constr., Inc., C.A. 03C-03-302 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 11, 2005, Decided
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Overview: Truck drivers had a private right of action under Del. Code Ann. tit. 19, ? 1113(b) and Del. Code Ann. tit. 29, ? 6960(f) in their suit against various corporations for alleged unpaid wages and no exhaustion of any administrative remedies was required.

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Spencer v. E.I. Dupont de Nemours & Co., C.A. No. 03A-10-003-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 11, 2005, Decided
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Overview: Where a surviving spouse failed to show that her decedent husband contracted asbestosis as a result of his employment, but expert medical opinion supported the finding that the lung cancer which resulted in his death was caused by his heavy cigarette smoking, her petition for benefits was properly denied.

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