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| Carlson v. Hallinan, Civil Action No. 19808, Civil Action No. 19466,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: Chancery court found in favor of a director and a shareholder corporation because the chairman of a business corporation breached an oral contract with the director and the shareholder corporation regarding compensation and profits. Further, the chairman and a vice president breached their fiduciary duties owed to the business corporation.
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| Kulp v. Mann-Beebe, C.A. No. 06C-01-031 WLW,
SUPERIOR COURT OF DELAWARE, KENT, March 21, 2006, Decided
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Overview: Defendants' motion to dismiss for failure to state a claim was denied because plaintiff sufficiently alleged that he was defendants' agent as he had express agreement with individual and corporation that he would receive commissions, supervisor dictated where and when plaintiff worked, and supervisor was involved in decision to reduce commissions.
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| Lee v. Choice Hotels Int'l, Inc., C.A. No. 02C-10-280(CHT),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 21, 2006, Decided
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Overview: Since the alleged negligence occurred in Indonesia, there was a rebuttable presumption in favor of applying Indonesian law since the accident occurred there and that presumption should not be disturbed where the place of a franchisor's incorporation was the only factor favoring the forum.
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| Lee v. Choice Hotels Int'l, Inc., C.A. No. 02C-10-280(CHT),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 21, 2006, Decided
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Overview: Parent corporation's motion to dismiss for forum non conveniens was denied as proximity of evidence to forum was not dispositive, significant expenses would be incurred by both sides, same process and joinder difficulties would arise no matter where suit was pursued, and there were technological alternatives available to actual view of premises.
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| Martin v. State, No. 407, 2005,
SUPREME COURT OF DELAWARE, March 21, 2006, Decided
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Overview: Because defendant failed to diligently prosecute an appeal by not filing an opening brief and appendix, and because defendant failed to provide the state supreme court with his latest address, pursuant to Del. Sup. Ct. R. 3(b)(2), 29(b), dismissal of defendant's appeal was deemed to be unopposed.
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| State v. Reed, Def. ID # 0101023931,
SUPERIOR COURT OF DELAWARE, SUSSEX, March 21, 2006, Decided
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Overview: Defendant's second postconviction motion was denied because it was untimely, raised claims that had been decided, and was barred by Del. Super. Ct. R. Crim. P. 61(i)(1), (i)(2), and (i)(4). Counsel did not provide ineffective assistance of counsel in failing to suppress identification or failing to appeal defendant's sentence as habitual offender.
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| Lee v. Choice Hotels Int'l, Inc., C.A. No. 02C-10-280 (CHT),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 24, 2006, Decided
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Overview: Where drowning in tort case occurred in Indonesia, decedent's family's aquatic safety expert could not reliably testify as to standard of care, and his testimony was excluded under Del. R. Evid. 702. While expert opined that Indonesia adhered to international safety guidelines, he made inadequate investigation as to whether this was accurate.
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| Sonitrol Corp. v. Signature Flight Support Corp., C.A. No. 05C-07-302,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 24, 2006, Decided
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Overview: Independent franchised dealers were not indispensable parties under Del. Super. Ct. R. Civ. P. 19 as the complaint alleged that it was the security company, and not the various dealers, who provided equipment and performed an installation for the customer. Thus, the customer's motion to dismiss for failure to join indispensable parties was denied.
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| State v. Colon, ID. No. 0501004460,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 24, 2006, Decided
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Overview: Because defendant's prior convictions for conspiracy, robbery, and possession of a firearm during the commission of a felony were separated by approximately eight months, the State could have him declared a habitual offender, pursuant to Del. Code Ann. tit. 11, § 4214(a).
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