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| Beckett v. Beebe Med. Ctr., Inc., No. 404, 2005,
SUPREME COURT OF DELAWARE, March 28, 2006, Decided
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Overview: While exception in Del. Code Ann. tit. 18, § 6853(e)(1) to requirement that patient file Affidavit of Merit in medical negligence case did not apply since object in patient's foot was not "foreign object," in that it was present in patient before surgery, trial court erred in concluding that it did not have discretion to accept untimely affidavit.
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| Big Lots Stores, Inc. v. Bain Capital Fund VII, LLC, C.A. No. 1081-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 28, 2006, Decided
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Overview: Defendants' motion to dismiss claim for fraudulent inducement alleging that seller refrained from bringing suit to stop series of transactions in 2002 due to fraudulent misrepresentation by director two failed to state claim as seller did not allege legal right it had against defendants or that it gave up legal right based on misrepresentation.
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| Foreman v. State, No. 458, 2005,
SUPREME COURT OF DELAWARE, March 28, 2006, Decided
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Overview: Because defendant did not submit any points for consideration after being convicted of violation of probation and escape, pursuant to Del. R. Sup. Ct. 26(c), his appeal was wholly without merit and devoid of any arguably appealable issue; consequently, the trial court's judgment was affirmed, and counsel's motion to withdraw was moot.
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| Immedient Corp. v. HealthTrio, Inc., C.A. No. 01C-08-216 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 28, 2006, Decided
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| Morgan v. Conectiv, C.A. No. 03C-12-268 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 28, 2006, Decided
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Overview: Discovery was closed, with exception of re-deposing two witnesses at plaintiffs' expense, one witness at employer's expense, and depositions of undisclosed witnesses, because plaintiffs and employer had engaged in pattern of discovery delay, approaching deception, including employer's withholding of statement that was critical to central dispute.
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| Morris v. State, No. 398, 2005,
SUPREME COURT OF DELAWARE, March 28, 2006, Decided
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Overview: Because defendant did not submit any points for the state supreme court to consider, based on the record, defendant's appeal was wholly without merit and devoid of any arguably appealable issue; consequently, counsel's motion to withdraw pursuant to Del. Sup. Ct. R. 26(c), was moot.
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| Wilkerson v. State, No. 68, 2005,
SUPREME COURT OF DELAWARE, March 28, 2006, Decided
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Overview: Even assuming that the required hearing to designate defendant as a sex offender and to assign him to a tier was not held, any such error was harmless because, once defendant was convicted of second-degree unlawful sexual intercourse, he was required by Del. Code Ann. tit. 11, § 4121(c), as amended, to be assigned to Tier III.
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| In re Triarc Cos., C.A. No. 16700,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 29, 2006, Decided , March 29, 2006, Filed
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Overview: Counsel for shareholders was awarded fees and costs, as the shareholders' action challenging the proposed privatization of the corporation conferred a benefit on the corporation and the shareholders, but counsel failed to show that the amount of fees and costs was reasonable under the circumstances.
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| State v. Gibbs, Def. ID # 0305016899,
SUPERIOR COURT OF DELAWARE, SUSSEX, March 29, 2006, Decided
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Overview: The court rejected defendant's motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61 as many claims were procedurally barred and claims of ineffective assistance of counsel were meritless; the court also rejected a motion for recusal of the judge since defendant did not show bias under Del. Judges' Code Jud. Conduct Canon 3C.
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