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| In re ECH Mgmt., LLC, C.A. No. 3126-CC, C.A. No 3127-CC,
COURT OF CHANCERY OF DELAWARE, SUSSEX, March 12, 2009, Decided
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Overview: Although none of a sister's counterclaims to dissolution of a limited liability company sought immediate relief, because the issues could be resolved at or after trial, they would not be dismissed.
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| Lapoint v. AmerisourceBergen Corp., No. 407, 2008,
SUPREME COURT OF DELAWARE, March 12, 2009, Decided
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Overview: Res judicata and Del. Code Ann. tit. 10, § 8106 limitation period did not bar indemnification claim. Events supporting claim did not occur before chancery case was concluded; facts supporting claim could not have been known to stockholders' representatives. Duty to indemnify arose after company was adjudicated as having breached merger agreement.
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| Payne v. Home Depot, C.A. No. 03C-05-130-PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 12, 2009, Decided
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Overview: A new trial was not warranted after a jury entered a verdict for a store patron in his personal injury action, alleging that a stack of doors fell on him, as there was evidence to support the verdict, admissibility of the patron's lack of insurance was not error under Del. R. Evid. 411, and an improper remark by counsel was minimal and cured.
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| State v. Johnson, I.D. No. 0706025356,
SUPERIOR COURT OF DELAWARE, KENT, March 12, 2009, Decided
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| Brown v. State, C.A. No. 0707004683-JEB,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 13, 2009, Decided
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Overview: It was proper to find that a police officer had reasonable articulable suspicion for a Terry stop because the officer's observations easily gave way to the reasonable inference that defendant was driving faster than the speed limit in violation of Del. Code Ann. tit. 21, § 4168(a). The officer testified that he had learned to recognize speeders.
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