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| In re Hopkins, [NO NUMBER IN ORIGINAL],
SUPERIOR COURT OF DELAWARE, SUSSEX, April 27, 2007, Decided
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Overview: Even if a court assumed, without deciding, that defense counsel's performance was deficient, all of defendant's Del. Super. Ct. R. Crim. P. 61 postconviction relief claims alleging ineffective assistance of counsel failed because he made no attempt to show that the alleged deficient performance caused defendant prejudice.
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| Nama Holdings, LLC v. Related World Mkt. Ctr., LLC, C.A. No. 2755-VCL, C.A. No. 2756-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 27, 2007, Decided
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Overview: A limited liability company (LLC) was entitled to pursue its claims for specific performance and for inspection and, therefore, defendants' motion to dismiss the suit or to stay the action to pursue arbitration was denied as the LLC was not bound by any arbitration provision contained within any agreement it did not sign.
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| One River Place, LLC v. New Castle County Dep't of Fin., C.A. No. 06A-06-012 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 27, 2007, Decided
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Overview: Where a county board of assessment review denied a property owner's request for a tax exemption on a parcel of land without setting forth its factual conclusions or the legal basis upon which it reached its decision, the court could not determine if the board's decision was based on substantial evidence under Del. Code Ann. tit. 9, § 8312(b).
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| State v. Kurzmann, Def. ID # 0312007348,
SUPERIOR COURT OF DELAWARE, SUSSEX, April 27, 2007, Decided
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Overview: Inmate's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was denied; claim counsel was unprepared for probation violation sentencing was not supported by the record, and even if information on inmate's counseling sessions had been provided, the court would still have felt that a lengthy incarceration was needed.
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| Alderman v. Clean Earth, C.A. NO. 04C-06-181-FSS n11 This decision also relates to the consolidated cases: Donna Mills, et al. v. Clean Earth, et al., C.A. No. 04C-05-230-FSS and Louis McDuffy v. Clean Earth, et al., C.A. No. 04C-06-170-FSS.,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2007, Decided
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Overview: A geologist's opinions did not meet the standard under Daubert for purposes of testifying as an expert under Del. R. Evid. 702, as he failed to test his hypothesis and he offered no support for his opinions as to damages; some of his testimony was to be stricken while other issues, such as the level of contamination, were within his expertise.
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| Conte v. Raymour & Flanigan, C.A. No. 06A-08-002 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, April 30, 2007, Decided
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Overview: Because an unemployment claimant's refusal to give a customer list to a manager was insubordinate, she was not required to receive a warning before termination; therefore, the Industrial Accident Board properly held that the claimant was not entitled to unemployment benefits based on her insubordination.
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| In re McCray, [NO NUMBER IN ORIGINAL],
SUPERIOR COURT OF DELAWARE, SUSSEX, April 30, 2007, Decided
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| MBKS Co. v. Reddy, C.A. No. 1853-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 30, 2007, Decided
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Overview: The actions taken by a sole director in the nature of cancelling the common stock of two entities and reissuing a majority of the stock to himself was deemed invalid and ineffective since no amendments to the certificates of incorporation were made and no consideration was paid for the issued stock, in violation of Del. Code Ann. tit. 8, § 153.
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| Ostroff v. Quality Servs. Labs., Inc., No. 82, 2007,
SUPREME COURT OF DELAWARE, April 30, 2007, Decided
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