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| Baring v. Watergate East, Inc., Civil Action No. 192-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 25, 2004, Submitted , February 25, 2004, Decided
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Overview: Although a vote was invalid because the members were led to believe that they were to vote on the sale of the corporation's property, the members were entitled to another opportunity to express their will regarding the sale.
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| Gutierrez v. State, No. 126, 2003,
SUPREME COURT OF DELAWARE, February 25, 2004 n1, Reissued1 This Opinion is being substituted for the Order of this Court issued September 26, 2003, Gutierrez v. State, No. 126, 2003 (Del. Sept. 26, 2003) (ORDER).
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Overview: A trial court erred in denying defendant's request for a jury instruction on self-defense, as defendant submitted sufficient evidence to satisfy the credible evidence threshold.
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| Lawson v. Dep't of Health & Soc. Servs., C.A. No. 02A-09-002 HDR,
SUPERIOR COURT OF DELAWARE, KENT, February 25, 2004, Decided
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Overview: Where due process requirements of notice and a fair hearing were not satisfied in a "fair hearing" decision by the state agency, denying Medicaid benefits for orthodontic treatment of a child, a new hearing was required.
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| Slade v. Carroll, C.A. No. 03C-02-033 WLW,
SUPERIOR COURT OF DELAWARE, KENT, February 25, 2004, Decided
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Overview: An inmate's claims against a health care provider, its president, and a prison warden, based on alleged lack of proper medical care, were all dismissed due to failure to plead necessary allegations or due to improper reliance on vicarious liability.
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| Eastern Shore Envtl., Inc. v. Del. Solid Waste Auth., C.A. No. 02A-11-001WLW,
SUPERIOR COURT OF DELAWARE, KENT, February 26, 2004, Decided
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Overview: The Environmental Appeals Board improperly considered a pre-hearing motion challenging standing as a motion to dismiss, and its reliance on just the allegations in appellant's complaint was error, requiring remand.
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| Hollinger Int'l v. Black, C.A. No. 183-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 26, 2004, Decided
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Overview: Sub's parent's controlling person agreed with sub to head process to maximize sub's assets and then negotiated to sell parent to buyer, who wanted to buy one of sub's newspapers; court preliminarily enjoined sale as breach of duty and contract.
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| Jager v. Merena, C.A. No. 01C-09-015-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 26, 2004, Decided
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Overview: A trial court denied a car accident driver's new trial and damage remittitur requests; $ 90,000 verdict was within reasonable range considering victim's temporary and permanent injuries, 33-year life expectancy, and expert evidence.
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| Nat'l Paint & Coatings Assoc. v. Del. Dep't of Natural Res. & Envtl. Control, C.A. No. 03A-06-003 HDR,
SUPERIOR COURT OF DELAWARE, KENT, February 26, 2004, Decided
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Overview: Trial court affirmed Delaware Environmental Appeals Board's decision upholding regulation that limited the amount of ozone-causing agents which companies that manufactured and sold paints and other coatings could include in their products.
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| State v. Kirk, I.D. No. 9612002650, Cr.A. # ID IN96-12-0754R3, 0755R3, 0556R3; IN97-01-1773R3, 1774R3, 1775R3, 1776R3,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 26, 2004, Decided
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Overview: Since defendant's fellow tenants were not killed in actual furtherance of his reckless arson, his felony murder convictions were reduced to involuntary manslaughter convictions; resentencing did not violate due process guarantees.
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