Delaware, March, 2005, State Case law

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State Courts - Delaware - March 3 - March 4, 2005

Amaysing Techs. Corp. v. CyberAir Communs., Civil Action No. 19890-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 3, 2005, Decided
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Overview: Personal jurisdiction over third-party defendants did not exist in a third-party securities fraud action because, though a conspiracy between third-party defendants was alleged, the conspiracy did not relate to the original breach of contract action, and, therefore, personal jurisdiction was lacking under Del. Code Ann. tit. 10, ? 3104.

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Cockerham v. Pathmark Stores, Inc., No. 516, 2004, SUPREME COURT OF DELAWARE, March 3, 2005, Decided
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White v. Riego, C.A. No. 04C-10-015 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 3, 2005, Decided
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Overview: Plaintiffs were entitled to judgment under Del. Super. Ct. R. Civ. P. 12(b)(6) on their claim for invasion of privacy because only defense presented to motion was statute of limitations defense, which was without merit because plaintiffs were blamelessly ignorant of invasion, and thus, statute did not begin to run until the discovery of invasion.

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Capaldi v. Richards, No. 293, 2004, SUPREME COURT OF DELAWARE, March 4, 2005, Decided
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Overview: Vice chancellor acted within his discretion when he retained a trustee as the trustee of a trust and when he ordered the trustee's attorneys' fees and costs from litigation to be paid from the trust; however, the vice chancellor abused his discretion when he denied the trust beneficiaries their attorneys' fees and costs from the litigation.

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Gilliland v. Motorola, Inc., C.A. No. 411-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 4, 2005, Decided
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Overview: Court devised a remedy of quasi-appraisal for any minority stockholders that elected to opt in and to return a portion of their share price to the court in order to remedy notice deficiencies made by the majority shareholder under the Delaware appraisal law, Del. Code tit. 8, ? 262, when the majority shareholder transacted a short-form merger.

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Moffett v. Del. Grange Mut. Ins. Co., C.A. No. 03C-03-028, SUPERIOR COURT OF DELAWARE, KENT, March 4, 2005, Decided
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Overview: It was possible the parties did not have requisite meeting of the minds to form an agreement regarding payment for fire damage; parties' counsel did not appear to have discussed whether the mortgage-holder should be included on a settlement check for structural damage. Insurer's amended answer was appropriate under Del. Super. Ct. R. Civ. P. 15(a).

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Quill v. Malizia, C.A. No. 2239-S, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 4, 2005, Decided
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Overview: No resulting or constructive trust existed in favor of a cousin with regard to a parcel of real estate because there was no showing that the owner intended any equitable rights to pass to the cousins, who had previously invested in property together, and the cousin waited too long to assert any ownership interest in the property.

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Scottsdale Indem. Co. v. Lloyd, C.A. No. 04C-04-024 (THG), SUPERIOR COURT OF DELAWARE, SUSSEX, March 4, 2005, Decided
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Overview: Insurer's motion for summary judgment pursuant to Del. Super. Ct. R. Civ. P. 56(c) was granted in an action to determine whether the insurer had a duty to defend or indemnify a company or its employee's for an automobile accident, because the commercial liability policy specifically precluded coverages for automobile accidents.

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