Delaware, February, 2007, State Case law

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State Courts - Delaware - February 28, 2007

Clarkson v. Goldstein, C.A. No. 04C-03-109 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2007, Decided
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Overview: Where landlords had misrepresented and intentionally concealed their status as non-owners of property which they eventually sold to tenants, although the deed reflected the true sellers' name, the limitations period in various tort and statutory claims asserted by the tenants was tolled until the fraud was discovered through a foreclosure action.

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Humes v. Charles H. W. Farms, Inc., C.A. No. 05C-08-042 WLW, SUPERIOR COURT OF DELAWARE, KENT, February 28, 2007, Decided
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Overview: In ejectment action, assigned superior court judge could not be appointed as temporary vice chancellor by designation under Del. Const. art. IV, ? 13(2) because as all ancillary claims and defenses proffered by corporation had been stayed, judicial economy would be hindered by addressing equitable claims and defenses that might not become relevant.

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Kerr v. Am. Indep. Ins. Co., C.A. No. 06C-06-012, SUPERIOR COURT OF DELAWARE, SUSSEX, February 28, 2007, Decided
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Overview: An insured's Del. Code Ann. tit. 6, ? 2513, claim against an insurer was dismissed where the complaint did not contain any allegations about the circumstances surrounding the insurer's conduct in connection with the advertisement or sale of insurance policies, which was a fatal deficiency under Del. Super. Ct. R. Civ. P. 8.

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LeVan v. Independence Mall, C.A. No. 06A-05-006 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2007, Decided
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Overview: As date of the last medical payment to a provider was unclear, five-year statute of limitations in Del. Code Ann. tit. 19, ? 2361(b), began to run on date of mailing plus three business days, not on date found on face of the check; claimant's petition for additional compensation was properly barred as it was still filed two days after statute ran.

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Miller v. State, No. 668,2006, SUPREME COURT OF DELAWARE, February 28, 2007, Decided
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Overview: Because an inmate's notice of appeal was filed 32 days after the docketing of the decision from which the appeal was taken, and because the record did not reflect that the failure to file the notice of appeal within 30 days was related to court-related personnel, the appeal was dismissed as untimely under Del. Sup. Ct. R. 6(a), 10(a).

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Ortsman v. Green, C.A. No. 2670-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 28, 2007, Decided
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Overview: Court granted a class representative's motion for expedited proceedings to a limited extent in a challenge to a proposed premium cash acquisition by merger of a publicly traded Delaware corporation because the representative was entitled to engage in limited expedited discovery and an opportunity to present a motion for a preliminary injunction.

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Roberts v. State, No. 346, 2006, SUPREME COURT OF DELAWARE, February 28, 2007, Decided
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Overview: Trial court properly denied defendant's motion for postconviction relief pursuant to Del. Super. Ct. R. Crim. P. 61, because defendant failed to show that he received ineffective assistance of counsel in relation to his guilty plea, as the trial court explained to defendant before sentencing that sentences would run consecutively.

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Smith v. James Thompson & Co., No. 610, 2005, SUPREME COURT OF DELAWARE, February 28, 2007, Decided
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Overview: Trial court erred in affirming Industrial Accident Board's decision finding claimant was not entitled to disability benefits despite fact that claimant's treating physician had entered a no-work order; since evidence did not show treating physician did not act in good faith, state supreme court ruled it would not second-guess physician's decision.

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State v. Jones, ID # 0201008286, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2007, Decided
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Overview: Because counsels' decision to reject defendant's request and not challenge a search warrant was professionally acceptable, and because it did not matter if, as defendant claimed, his photograph was taken at gunpoint, defendant was not entitled to postconviction relief under Del. Super. Ct. R. Crim. P. 61 based on ineffective assistance of counsel.

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State v. Legrande, ID # 0501015557A, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2007, Decided
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Overview: Because the court was concerned the jury would infer that defendant was a drug trafficker during a police officer's testimony, its curative instruction did not violate Del. Const. art. IV, ? 19's prohibition on commenting on the evidence; because defendant did not object to the instruction, he was not entitled to a new trial.

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