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| Matria Healthcare, Inc. v. Coral SR LLC, C.A. No. 2513-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 1, 2007, Decided
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Overview: Despite the apparent illogic of the determination, based on the terms of the parties' merger agreement, the responsibility for their pending dispute had to be arbitrated before the settlement accountant and not the AAA; the parent corporation's fraud claims did not state a claim upon which relief could be granted and had to be dismissed.
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| Valeant Pharms. Int'l v. Jerney, C.A. No. 19947,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 1, 2007, Decided
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Overview: A former company president's $ 3 million bonus transaction did not satisfy the fear dealing and fair price components of entire fairness review under Del. Code Ann. tit. 8, § 144. The compensation committee followed a process designed simply to justify a predetermined outcome dictated by a former chairman and the company's management.
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| Wilmington Sav. Fund Soc'y, FSB v. Kaczmarczyk, Civil Action No. 1769-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 1, 2007, Decided
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Overview: Pursuant to Del. Code Ann. tit. 6, § 1305(b), husband fraudulently conveyed property to the wife and, thus, a constructive trust could be imposed over sale proceeds from her subsequent sale of it; his transfer was made to an insider for an antecedent debt, husband was insolvent at time of transfer, and wife had reason to believed he was insolvent.
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| Ciappa Constr., Inc. v. Innovative Prop. Res., LLC, C.A. No. 05L-07-035,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 2, 2007, Decided
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Overview: Portion of motion for reargument addressing builder's claim against owner for disgorgement of profits was denied because a constructive trust was a remedy only available in equity, and the court lacked the jurisdiction to impose the equitable remedy of constructive trust upon the owner's profits. Delaware law clearly separated law and equity.
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| DaimlerChrysler Corp. v. Del. Dep't of Ins., No. 105, 2007,
SUPREME COURT OF DELAWARE, March 2, 2007, Submitted , March 2, 2007, Decided
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Overview: Because an automobile manufacturer would be irreparably harmed by forever losing the opportunity to a judicial determination of its due process claims if enforcement of a final order were not stayed, the trial court erred in denying the manufacturer's Del. Code Ann. tit. 29, § 10144 motion to stay.
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| Harris v. Quickform Concrete Co., LLC, C.A. No. 03C-10-243WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 2, 2007, Decided
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Overview: Utility marking company's summary judgment motion was granted as it was not negligent due to its failure to comply with Delaware Underground Utility Damage Prevention and Safety Act as error in address marked did not start chain that led to explosion as project manager did not know that address at which explosion occurred was included in project.
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| Henry v. State, No. 292, 2006,
SUPREME COURT OF DELAWARE, March 2, 2007, Decided
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Overview: Evidence supported convictions for possession with intent to deliver marijuana and possession of drug paraphernalia; high-crime-area testimony explained why surveillance was conducted, defendant was seen in apparent drug transactions, drugs were found near where he had stood, and identically-packaged drugs were found in his room.
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| Lovett v. Chenney, C.A. No. 05C-12-006,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 2, 2007, Decided
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Overview: As decedent's employer and co-worker filed affidavits stating that fatal accident occurred while decedent and co-worker were road testing employer's car, and plaintiffs responded with unsubstantiated claims, wrongful death suit was dismissed on summary judgment based on workers' compensation exclusivity under Del. Code Ann. tit. 19, §§ 2304, 2363.
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| Rosario v. Town of Cheswold, C.A. No. 05M-12-004 WLW,
SUPERIOR COURT OF DELAWARE, KENT, March 2, 2007, Decided
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Overview: While writ of mandamus was the proper vehicle for providing a terminated police officer with a remedy for a Law-Enforcement Officers' Bill of Rights violation, a superior court declined to immediately rule that reinstatement was the appropriate remedy; the court asked the parties to submit their ideas as to what an appropriate remedy would be.
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| State v. Williams, ID # 0410023783,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 2, 2007, Decided
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Overview: Because the jury decided to hold defendant and a second person accountable only for being in on an attempted assault at the beginning by lending support to the actual shooter, the verdict's alleged inconsistency was attributable to lenity or mistake, not to failure of proof; consequently, defendant's motion for an acquittal was denied.
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