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   State Courts - Delaware - February 5 - February 7, 2001

  
Bell Atl.-Del., Inc. v. Hall, CIVIL ACTION NUMBER 00A-05-007-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 5, 2001, Decided
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Overview: The workers compensation award to employee was supported by substantial evidence and was upheld. The Delaware Industrial Accident Board, as fact finder, was justified in relying on one expert's opinion over another's.

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Charles v. Division of Family Servs. of the Dep't of Servs. for Children, Youth & Their Families, No. 321, 2000, SUPREME COURT OF DELAWARE, February 5, 2001, Decided
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In re Pennaco Energy, Inc. Shareholders Litig., Consolidated Civil Action No. 18606, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 5, 2001, Decided
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Overview: Shareholders were denied preliminary injunction of tender offer because directors obtained premium on price, director severance packages appeared to have non-pretextual rationale, and there was no basis to determine if valuation was reliable.

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Kirkwood Motors, Inc. v. Conomon, C.A. No. 00A-05-001-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 5, 2001, Decided
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Overview: Written contract unambiguously stated value of trade-in vehicle, and statute of frauds thus precluded parol evidence that orally agreed value was higher; apparent failure to read contract did not warrant alteration of contract term.

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E.I. du Pont de Nemours & Co. v. Conoco, Inc., Civil Action No. 17686, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 6, 2001, Decided , February 6, 2001, Filed
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Overview: In a case involving two corporations, where both parties placed their opponent's legal representation in issue, the parties were permitted to discover relevant documents regarding their opponent's legal representation.

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Ross v. State, No. 232, 2000, SUPREME COURT OF DELAWARE, February 6, 2001, Decided
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Overview: Attempted murder conviction was affirmed where instruction given on extreme emotional distress did not rise to the level of plain error and trial court did not abuse its discretion in excluding testimony about victim's acts of violence.

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Ambase Corp. v. City Investing Co., C.A. No. 18207, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 7, 2001, Decided
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Overview: Statute of limitations and laches barred suit by surviving subsidiary against liquidating trust of parent relating to parent's tax liability. Subsidiary knew of liability and had access to the assignment agreement and internal revenue code.

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Emerald Partners v. Berlin, Civil Action No. 9700, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 7, 2001, Decided
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Overview: Judgment entered for defendant board members in plaintiff's class action over a 1988 corporate merger, as evidence showed defendants acted in good faith and at arm's length, and exculpatory clause of corporate certificate applied.

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Scala v. Unemployment Ins. Appeals Bd., No. 434, 2000, SUPREME COURT OF DELAWARE, February 7, 2001, Decided
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Wand Equity Portfolio II L.P. v. AMFM Internet Holding Inc., C.A. No. 18162, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 7, 2001, Decided
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Overview: The court denied a motion for expedited proceedings for a temporary injunction to delay a merger by a minority shareholder. The request was unreasonably delayed and money damages could provide adequate relief.

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