Delaware, March, 2004, State Case law

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State Courts - Delaware - March 15 - March 16, 2004

Faraone v. Kenyon, Civil Action No. 18956, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 15, 2004, Decided
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Overview: Transfers of funds and property purportedly made by infirm mother to son found to have abused position of trust were set aside; lender that held mortgage on property conveyed to son by legally invalid quitclaim deed was not bona fide purchaser.

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Simon v. Beebe Med. Ctr., C.A. No.: 02C-01-133 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 15, 2004, Decided
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Overview: In a medical malpractice action, a trial court ruled that the burden of proof required to prove punitive damages was preponderance of the evidence, not clear and convincing evidence.

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State v. Wingate, I.D. No. 0008020086, Cr. A. Nos. IN00-10-1861 and IN00-09-0515; 0516; 0519, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 15, 2004, Decided
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Overview: A defendant was not entitled to postconviction relief where he failed to establish a colorable claim that there was a miscarriage of justice where all procedural requirements where met with regard to his violation of probation hearing.

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Texas Instruments, Inc. v. Qualcomm, Inc., Civil Action No. 20569, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 15, 2004, Decided
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Overview: In plaintiff's breach of contract suit, court denied plaintiff's motion to dismiss defendant's counterclaim alleging breach of a confidentiality agreement. There were too few facts to conclude that breach of confidentiality agreement was immaterial.

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Upshur v. State, No. 225, 2003, SUPREME COURT OF DELAWARE, March 15, 2004, Decided
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Overview: Drug and endangering welfare of child convictions were affirmed; trial court properly admitted defendant's custodial statements. After he invoked right to counsel, he reinitiated interrogation after officer's routine, non-interrogative statements.

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Weatherspoon v. State, No. 452, 2003, SUPREME COURT OF DELAWARE, March 15, 2004, Decided
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Overview: Denial of motion to modify his sentence after guilty plea to drug offenses, in which defendant also agreed to be declared habitual offender and to sentence, was proper; trial court had imposed the agreed upon nonsuspendable mandatory sentence.

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Zelo v. Delmarva Rural Ministries, C.A. No. 03A-08-002 WLW, SUPERIOR COURT OF DELAWARE, KENT, March 15, 2004, Decided
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Overview: Employer showed workers' compensation claimant could work despite injury. Claimant showed reasonable efforts to locate suitable employment were unsuccessful due to injury, but employer showed available suitable jobs, so she was not totally disabled.

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Rossi v. Brockway, Civil Action No. 290-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, March 16, 2004, Decided
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Overview: Dumping of clamshells on a private road that was the subject of dispute between landowners whose property adjoined the road was not irreparable harm to support a TRO requiring removal of the clamshells. Any harm was remediable with money damages.

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Tafeen v. Homestore, Inc., Civil Action No. 023-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 16, 2004, Decided; March 22, 2004, Revised
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Overview: A former corporate officer was not entitled to summary judgment on claims of indemnification or advancement for legal fees incurred as defendant for corporate activities; likewise, corporation was not entitled to judgment on its affirmative defenses.

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