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| Canadian Commer. Workers Indus. Pension Plan v. Alden, Civil Action No. 1184-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: Criminal acts exception prevented release of derivative claims of fraud and breach of loyalty based on president's alleged conduct in violation of securities laws; shareholder was adequate representative under Del. Ch. Ct. R. 23.1; Del. Code Ann. tit. 10, § 3114, allowed personal jurisdiction for fraud arising from same facts as loyalty claims.
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| Eckenrode v. State, No. 345, 2005,
SUPREME COURT OF DELAWARE, February 22, 2006, Decided
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Overview: Based upon evidence presented by a police officer investigating a fight involving a probationer, albeit which contained hearsay, the trial court did not err in revoking the probationer's probation term, and such was not based on false and unsubstantiated testimony. Thus, his counsel's motion to withdraw was moot.
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| King v. State, No. 281, 2005,
SUPREME COURT OF DELAWARE, February 22, 2006, Decided
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Overview: Registration information for motorcycle being driven by defendant, obtained by officer by means of mobile computer database, was an "objective fact" supporting reasonable suspicion that defendant was not authorized to drive that vehicle and decision to stop defendant was proper. Nothing suggested that mobile computer database was untrustworthy.
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| MBNA Am. Bank, N.A. v. Brooks, No. 447, 2005,
SUPREME COURT OF DELAWARE, February 22, 2006, Decided
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| Madison Real Estate Immobbilien-Anlagegesellschaft Beschrankt Haftende KG v. GENO One Fin. Place L.P., C.A. No. 1928-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 22, 2006, Decided
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Overview: A court denied an unregulated tender offeror's (UTO) motion for expedited proceedings and for a preliminary injunction to prevent partnerships from consenting to transfers of their interests to a competing offeror, as the UTO was not facing any imminent threat of irreparable injury that justified the equitable relief.
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| Owens v. State, No. 329, 2005,
SUPREME COURT OF DELAWARE, February 22, 2006, Decided
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Overview: State's motion to affirm defendant's second-degree forgery conviction was upheld as sufficient evidence supported the same, defendant benefitted from an amendment to the indictment, DMV records and New Jersey traffic tickets were properly admitted as business records, and the judge's challenged comments were cured by follow-up instructions.
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| Ravine v. Ravine, No. 262, 2005,
SUPREME COURT OF DELAWARE, February 22, 2006, Decided
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Overview: Given a husband's entitlement to alimony, and that the policy in allowing him to litigate said claim outweighed the wife's reliance on his mistake as to the timing of his request, the Family Court properly allowed him to reopen the divorce judgment. Further, the court was allowed a broad discretion to award him less of the wife's 401(k) plan.
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| Smith v. State, No. 300, 2005,
SUPREME COURT OF DELAWARE, February 22, 2006, Decided
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Overview: Defendant was on notice from the beginning that, as part of his plea agreement, he would have to register as a Tier III sex offender. Defendant therefore waived any argument that he should have been re-assigned to Tier II. Defendant derived a benefit from his plea bargain and was not allowed to seek to undo its terms.
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| State v. Rogers, ID # 0508019971,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 22, 2006, Decided
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Overview: State's failure to make disclosures concerning details of proposed drug transaction and concerning defendant's statement to police violated Del. Super. Ct. R. Crim. P. 16, and State was sanctioned. Arrest based on informant's identification of defendant as seller of drugs involved in the proposed transaction was supported by probable cause.
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