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| Flight Options Intl v. Flight Options, LLC, C.A. No. 1459-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 11, 2005, Decided; September 20, 2005, Redacted Public Version
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Overview: Although a minority owner's position in opposing a common unit purchase agreement that would have diluted its equity share in an LLC was not particularly strong, since there was some chance it might prevail in arbitration and since that was the dispute resolution method favored in the LLC agreement, a brief preliminary injunction was allowed.
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| Hedenberg v. Best, C.A. No. 03C-08-036-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 11, 2005, Decided
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Overview: Although an injured party suffered no lower back injury as a result of an automobile accident, given the objective nature of the spasm findings on the day of the accident and given the agreement of all the medical experts that the motor vehicle accident caused her neck strain, the injured party was entitled to minimal damages.
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| In re Fountain, No. 198, 2005,
SUPREME COURT OF DELAWARE, July 11, 2005, Decided
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Overview: Attorney received three-year suspension for multi-year failure to maintain proper books, safeguard client funds, to accurately complete certificates of compliance, and file tax returns. Court allowed board to seek receiver to protect client interests; attorney could apply for reinstatement after two years but could not return to solo practice.
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| Johnson v. State, No. 254, 2005,
SUPREME COURT OF DELAWARE, July 11, 2005, Decided
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Overview: Inmate's appeal from an order denying his petition for a writ of habeas corpus was dismissed, as the appeals court rejected his contention that Superior Court personnel were to blame for his untimely filing by their refusal to rule on his motions. Thus, the appeal did not fall within the exception to Del. Sup. Ct. R. 10(a).
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| Ortiz v. State, No. 420, 2004,
SUPREME COURT OF DELAWARE, July 11, 2005, Decided
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Overview: Given defendant's willingness to proceed with the probation-violation hearing without private counsel and his admission that he did not attend the appointments with his probation officer, there was a sufficient basis for the trial court's finding of a violation of probation and no plain error in the proceedings.
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| Pumphrey v. State, No. 419, 2004,
SUPREME COURT OF DELAWARE, July 11, 2005, Decided
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Overview: Following defendant's second violation of probation (VOP), the trial court was authorized, under Del. Code Ann. tit. 11, § 4334(c) (2001), to impose the entire Level V term that previously had been suspended, which was 18 months. As such, the 17-month sentence at Level V for defendant's second VOP was less than the maximum punishment allowed.
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| State v. Dalton, No. 55, 2005,
SUPREME COURT OF DELAWARE, July 11, 2005, Decided
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Overview: A finding by the Delaware Industrial Accident Board that a state trooper's injury, which occurred while he was playing a non-sponsored softball game for charity on behalf of the state police, was within the scope of employment and was compensable was based on the totality of the circumstances and on the Larson factors.
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| State v. Farkas, ID # 00501006268,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 11, 2005, Decided
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Overview: Defendant was properly subjected to the registration requirements of Del. Code Ann. tit. 11, § 4120, since the requirement existed when he was adjudicated delinquent due to unlawful sexual contact and, therefore, the reregistration requirements of § 4120(f) continued; defendant had ample notice of the registration requirement.
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| Volkswagen of Am., Inc. v. Costello, No. 306, 2004,
SUPREME COURT OF DELAWARE, July 11, 2005, Decided
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Overview: A trial court properly denied a car manufacturer's motion for judgment as a matter of law in a slip and fall action by an auto mechanic, as there was competing evidence presented at trial as to whether the manufacturer maintained possessory control of the area where the accident occurred.
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