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| La. Mun. Police Emples. Ret. Sys. v. Crawford, C.A. No. 2635-N, C.A. No. 2663-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 23, 2007, Decided
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Overview: Defendants had specifically conditioned payment of $ 6 cash "special dividend" on shareholder approval of merger agreement; because defendant corporation failed to inform shareholders of their appraisal rights, meeting for shareholder approval had to be enjoined for at least statutorily required notice period of 20 days.
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| LaPoint v. AmerisourceBergen Corp., Civil Action No. 327-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, February 23, 2007, Decided
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Overview: Because defendant had access to expert's report and could have elected to call its own expert if necessary for more than a month before discovery deadline, and because defendant and its counsel could not have reasonably claimed surprise from expert's deposition, no good ground existed for extension or waiver of discovery deadline cut-off dates.
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| Robinson v. State, No. 454, 2006,
SUPREME COURT OF DELAWARE, February 23, 2007, Decided
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Overview: Summary judgment was properly granted to the State in an inmate's action alleging due process violations associated with a prison disciplinary hearing because the inmate's punishment of 15 days in isolation for possession of a shank did not constitute an infringement on the inmate's liberty interests and, thus, he failed to state a claim.
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| Sao Paulo of the Federative Republic of Braz. v. Am. Tobacco Co., Nos. 383/384, 2006 (Consolidated),
SUPREME COURT OF DELAWARE, February 23, 2007, Decided
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Overview: In selling their tobacco products to citizens of plaintiff foreign governments who later become injured as users of the products, defendant tobacco companies incurred no legal duty to the foreign governments, separate and apart from any duty owed to the citizens; foreign governments failed to state claim upon which relief could be granted.
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| Atwell v. RHIS, Inc., C.A. No. 02C-12-003 WLW,
SUPERIOR COURT OF DELAWARE, KENT, February 26, 2007, Decided
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Overview: Home inspection service's motion for judgment as a matter of law pursuant to Del. Super. Ct. R. Civ. P. 50(b) was denied, because following a mistrial in this case, the issue of the proper standard of care to be applied to a home inspector would be addressed at a new trial, if the issue were to arise.
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| ConAgra/Pilgrim's Pride v. Green, C.A. No. 05A-06-002 WLW,
SUPERIOR COURT OF DELAWARE, KENT, February 26, 2007, Decided
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Overview: Because the Industrial Accident Board did not abuse its discretion in allowing an employee to voluntarily withdraw a workers' compensation claim, and because the employer did not demonstrate that the court overlooked a controlling precedent or legal principle, the employer's Del. Super. Ct. R. Civ. P. 59(e) motion for rehearing was denied.
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| In re Benzene Litig., C.A. NO. 05C-09-020-JRS (BEN), C.A. NO. 06C-05-295-JRS (BEN),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 26, 2007, Decided
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Overview: Plaintiffs in toxic tort action met pleading requirements of Del. Super. Ct. R. Civ. P. 8 and 9(b) as to claims against premises defendant by, inter alia, identifying time frames employer provided services on subject premises and as to product defendants by, inter alia, identified generally the benzene-containing products the worker was exposed.
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| Perkins v. State, No. 126, 2006,
SUPREME COURT OF DELAWARE, February 26, 2007, Decided
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Overview: In defendant's prosecution for first degree murder, trial court did not err by failing to instruct jury on defense of self-defense under Del. Code Ann. tit. 11, § 464(c). Defendant had not established all elements of defense as he never testified that he believed that his life was in danger or that he needed to defend himself by using deadly force.
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