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| Glenn v. State, No. 343, 2004,
SUPREME COURT OF DELAWARE, February 15, 2005, Decided
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Overview: Defendant's sixth motion for sentence modification was denied where a court's holding on direct appeal that the habitual offender statute did not prohibit the trial court from imposing a minimum mandatory sentence if a fourth felony was non-violent was the law of the case; defendant had not shown a significant change in circumstances.
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| In re Asbestos Litig., C.A. No. 00C-08-028 ASB, C.A. No. 01C-06-151 ASB, C.A. No. 01C-11-239 ASB, C.A. No. 02C-03-194 ASB, C.A. No. 01C-10-240 ASB, C.A. No. 01C-10-173 ASB, C.A. No. 02C-01-041 ASB,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 15, 2005, Decided
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Overview: Business owners were not entitled to summary judgment as to the claims of contractors' employees for asbestos-related injuries insofar as the employees in question did not work directly with asbestos but were exposed to it on the owners' premises; genuine issue of fact remained as to whether owners knew of the dangers of asbestos.
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| River Enters., L.L.C. v. Tamari Props., L.L.C., C.A. No. 655-S,
COURT OF CHANCERY OF DELAWARE, SUSSEX, February 15, 2005, Decided
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Overview: Motion for cancellation of a lis pendens, pursuant to Del. Code Ann. tit. 25, § 1608, was denied as there was then no evidence before the court that the buyer of a parcel of land was required under a contract to release the deposit money it reportedly paid or that there was a failure to engage in good faith negotiation as required by the contract.
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| Wainer v. State, No. 280, 2004,
SUPREME COURT OF DELAWARE, February 15, 2005, Decided
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Overview: Defendant's conviction for sexual solicitation of a minor was upheld on appeal where a curative jury instruction was given with regard to defendant's attempted drug use on a charge for which he was acquitted, and the loss of an officer's notes was negligent, but did not prejudice defendant's case.
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| Bale Props. v. Dimedio, C.A. No. 256-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 16, 2005, Decided
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| Morton v. Sky Nails, C.A. No. 04C-09-156 PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 16, 2005, Decided
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Overview: A trial court denied a customer's motion for reargument and upheld the dismissal of the customer's personal injury suit against a pedicurist, because the customer waited over two years to sue and, therefore, the two year limitations period in Del. Code Ann. tit. 10, § 8119 justified the dismissal.
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| Plantation Park Ass'n v. Honaker, C.A. No. 2279-S,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 16, 2005, Decided
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Overview: Homeowners' association's summary judgment motion pursuant to Del. Super. Ct. R. Civ. P. 56 was granted in an action alleging that a unit owner violated a restrictive covenant, as the owner built a fence on her property that violated height restrictions in the restrictive covenant.
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