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| Hall v. Maritek Corp., C.A. No. 08C-07-123 MJB,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 29, 2009, Decided
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Overview: Given the lack of finality with respect to a Bahamian action as to the validity of a contract between a seller and a buyer, the most prudent course of action was to stay a buyer's action for tortious interference with a contract until such time as a final judgment was rendered in the Bahamian action.
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| State v. Stevens, ID # 0612009150,
SUPERIOR COURT OF DELAWARE, KENT, April 29, 2009, Decided
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| Tooley v. AXA Fin., Inc., Civil Action No. 18414-CC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 29, 2009, Decided
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| J.S.F. Props., LLC v. McCann, Civ. No. 07A-03-001-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2009, Decided
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Overview: Judgment finding that LLC intentionally trespassed on owners' property and cut timber, and that owners were entitled to triple damages under Del. Code Ann. tit. 25, ¿ 1401(b), was proper because there was evidence that one owner advised LLC's operator of the location of the property line, and operator admitted to seeing boundary markers.
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| Mason v. Redline Transp. Corp., C.A. No. 06C-01-020 JTV,
SUPERIOR COURT OF DELAWARE, KENT, April 30, 2009, Decided
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Overview: Because an owner was actively involved in on-loading and off-loading operations, positioning of vehicles for on-loading and off-loading, and safety considerations relating thereto, the employee of an independent contractor, who was injured while participating in the off-loading, adequately stated a cause of action for negligence against the owner.
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| Naples v. Miller, C.A. No. 08C-01-093 PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2009, Decided
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Overview: Injured dog's owner could not recover damages for emotional distress or veterinary bills; dog was property under Del. Code Ann. tit. 7, ¿ 1708 and measure of damages was limited to its market value before damage occurred. Defendants' conduct in erecting fence to contain their dog or failing to supervise dog on their property was not outrageous.
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| Nemec v. Shrader, Civil Action No. 3878-CC, Civil Action No. 3934-CC,
COURT OF CHANCERY OF DELAWARE, April 30, 2009, Decided
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Overview: Motion to dismiss was granted as breach of fiduciary duty claim failed since whether directors had right to redeem employees' shares and properly exercised that right was matter of contract interpretation. Directors did not owe separate and distinct fiduciary duties to employees, and redemption was not contrary to reasonable business judgment.
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| Warren v. Topolski, C.A. NO: 06C-06-030 (RBY),
SUPERIOR COURT OF DELAWARE, KENT, April 30, 2009, Decided
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Overview: Defendant's motion in limine was granted, and rheumatologist's testimony as to trigger for plaintiff's fibromyalgia was excluded under Daubert and Del. R. Evid. 702 since rheumatologist could not testify as to cause of fibromyalgia, and concluded that accident was trigger since plaintiff had other triggers before accident.
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