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State Courts -
Delaware - February 15 - February 16, 2005
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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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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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