Delaware, February, 2009, State Case law

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State Courts - Delaware - February 27 - March 3, 2009

Cannery, LLC v. Covak, Inc., C.A. No. 08C-05-086 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 27, 2009, Decided
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Gruwell v. Allstate Ins. Co., C.A. No. 07C-12-190 (JTV), SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 27, 2009, Decided
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Overview: Based on the reasoning in McNally v. Nationwide Co., 815 F.2d 254 (3rd Cir. 1987), an insured was entitled to pursue his theory of bad faith against his insurer based on its failure to interplead its policy limits in a personal injury action against the insured that resulted in a verdict of $500,000.

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Janowski v. Div. of State Police, Dep't of Safety & Homeland Sec., C.A. No: 08C-03-037 (RBY), SUPERIOR COURT OF DELAWARE, KENT, February 27, 2009, Decided
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Overview: Although Del. Code Ann. tit. 29, ? 5105 outlined the rights of service people to retain the benefits of their employment with the State upon returning from military service, it did not waive the State's sovereign immunity found in Del. Const. art. I, ? 9.

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MetCap Sec. LLC v. Pearl Senior Care, Inc., C.A. No. 2129-VCN, COURT OF CHANCERY OF DELAWARE, KENT, February 27, 2009, Decided
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Overview: Acquisition facilitators of a merger were not entitled to reformation of a merger agreement to include their fee provision, as a facilitator who acted as a dual agent had authority to bind them in the removal of the provision; there was no entitlement to unjust enrichment because any benefit conferred on others was done officiously.

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Accu-Fire Fabrication, Inc. v. Corrozi-Fountainview, LLC, C.A. No. 08L-09-048 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 3, 2009, Decided
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Overview: Motion to dismiss was granted as subcontractor was necessary party under Del. Super. Ct. R. Civ. P. 19 in mechanic's lien action under Del. Code Ann. tit. 25, ? 2713 and could have been named as defendant even though it was in bankruptcy without violating 11 U.S.C.S. ? 362 under 11 U.S.C.S. ? 546(b).

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