Delaware, April, 2002, State Case law

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State Courts - Delaware - April 30, 2002

Bagwell v. State, No. 23, 2002, SUPREME COURT OF DELAWARE, April 30, 2002, Decided
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Overview: Defendant, who failed to provide transcript of sentencing proceeding, could not succeed in arguing on appeal that oral sentence and written sentencing order were inconsistent.

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Castetter v. Del. Dep't of Labor, C.A. No. 01C-03-007 HDR, SUPERIOR COURT OF DELAWARE, KENT, April 30, 2002, Decided
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Overview: Claim of fraud was dismissed where worker alleged that false representations were made to him, but time, place, and contents of the false representations were not alleged, and the fraud count was not pleaded with the requisite particularity required.

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Chrysler Corp. v. Merrell & Garaguso, Inc., No. 38, 2001, SUPREME COURT OF DELAWARE, April 30, 2002, Decided
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Overview: Liability insurance purchased by contractor for benefit of owner was enforceable, even for indemnification of owner's own negligence, as statutory insurance savings provision had no meaning if insurer could charge premium and then avoid coverage.

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Delmarva Power & Light Co. v. Abb Power T & D Co., C.A. No. 00C-02-175 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2002, Decided
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Overview: Limitation on liability provision in a contract between a sophisticated buyer and seller was valid, did not fail of its essential purpose, and precluded the buyer from recovering consequential damages due to the failure of the product it purchased.

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Gillenardo v. Connor Broad. Del. Co., C.A. No. 98C-06-015 WLW, SUPERIOR COURT OF DELAWARE, KENT, April 30, 2002, Decided
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Overview: Competent evidence showed that the parties intended to agree to negotiate radio station sale in good faith as there was an express offer to negotiate in good faith to buy the stations, which the seller accepted when he executed the letter of intent.

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Hewlett v. Hewlett-Packard Co., C.A. No. 19513-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 30, 2002, Date Decided
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Overview: Court decided that shareholders opposing merger of publicly traded global providers of computers and computer-related products and services failed to prove corporation misrepresented material integration facts or used coercion to obtain proxies.

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In re Revel, No. 166, 2002, SUPREME COURT OF DELAWARE, April 30, 2002, Decided
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Overview: Where inmate filed petition for writ of prohibition to correct his sentence, inmate was not permitted to invoke reviewing court's extraordinary writ process; he did not directly appeal his sentence or denial of his motion to correct.

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Milford Fertilizer Co. v. Hopkins, C.A. No. 00C-05-046 JTV, SUPERIOR COURT OF DELAWARE, KENT, April 30, 2002, Decided
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Overview: Promissory note was under seal where preprinted language stated that debtor's hand and seal were set, and preprinted word "SEAL" appeared to right of debtor's signature. Therefore, note was governed by common law presumption of payment over 20 years.

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Muziol v. Daimlerchrysler Corp., C.A. No. 01A-07-002-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2002, Decided
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Overview: Where an employee was harassed by co-workers after declining to participate in selling drugs, substantial evidence supported the decision granting the employee's worker's compensation petition for psychological injuries.

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Rogers v. Lear Corp., C.A. No. 01A-07-006-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2002, Decided
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Overview: Where employee did not demonstrate how stress caused by employer, as opposed to other stress, was significant enough to affect her earning capacity or otherwise cause compensable damage, decision denying workers' compensation benefits was affirmed.

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