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| Alley v. Taylor, C.A. No. 99C-11-013 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2001, Decided
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Overview: Prisoner who was released by mistake, and who was rearrested without warrant was allowed to pursue federal civil rights claims in state court, but prisoner's claims based on common law and state law torts were dismissed.
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| Cole v. Kershaw, C.A. No. 13904,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 30, 2001, Decided
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Overview: In calculating the interest due plaintiff on his damage award, the court determined the equitable solution was to calculate the interest rate to arrive at an amount which was approximately the amount of plaintiff's initial investment.
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| Davis v. Maute, No. 307, 2000,
SUPREME COURT OF DELAWARE, March 30, 2001, Decided , March 30, 2001, Filed
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Overview: Where the tortfeasor impliedly argued without expert testimony that slight damage to the injured party's car meant that her injuries were slight, the injured party was prejudiced and was granted a new trial.
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| Downes v. State, No. 401, 1999,
SUPREME COURT OF DELAWARE, March 30, 2001, Decided
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Overview: Denial of postconviction relief motion was proper where defendant's claims were procedurally barred or lacked merit. However, defendant could seek new trial even if motion for postconviction relief would be time barred.
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| Gorman v. Connell, C.A. No. 15424,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 30, 2001, Decided
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Overview: Where flow of water did not exist in well known and defined channel, it did not qualify as underground stream for purposes of conferring riparian rights upon plaintiffs. Reasonable use doctrine was inapplicable without change of use of property.
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| Morozowich v. Windsor, C.A. No. 99C-07-025 - JTV,
SUPERIOR COURT OF DELAWARE, KENT, March 30, 2001, Decided
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Overview: Whether teacher had a statutory right to pursue an individual grievance beyond the action taken by his collective bargaining unit was an issue within the jurisdiction of the Public Employment Relations Board, not the superior court.
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| Nealon v. Long, C.A. No. 00-06-0028,
COURT OF COMMON PLEAS OF DELAWARE, KENT, March 30, 2001, Date Decided
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Overview: Seller was awarded damages in contract action where buyer did not exert good faith effort to satisfy financing contingency clause in agreement; thus, he had breached implied covenant of good faith and fair dealing that was inherent in contract.
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| Rodriguez v. State, No. 533, 2000,
SUPREME COURT OF DELAWARE, March 30, 2001, Decided
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Overview: Defendant's assault conviction was upheld, as any rational trier of fact could have found him guilty beyond a reasonable doubt, and his ineffective assistance claim would not be considered for the first time on direct appeal.
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| State v. Fink, [NO NUMBER IN ORIGINAL],
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2001, Decided
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Overview: Technical errors did not invalidate warrant. Warrant for search of computer items authorized officers to view contents of every file to determine whether it contained evidence which was authorized to be seized.
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