Delaware, April, 2004, State Case law

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State Courts - Delaware - April 22 - April 23, 2004

Acker v. Transurgical, Inc., Civil Action No. 201-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, April 22, 2004, Decided
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Overview: Corporation's and directors' motion to dismiss minority shareholder's claims were granted as to the declaratory judgment claim and the breach of certificate of incorporation claim, but denied as to the fraud and negligent misrepresentation claims.

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Ng v. Heng Sang Realty Corp., Civil Action No. 18462, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 22, 2004, Decided; May 18, 2004, Revised
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Overview: "Net asset value" was properly used as a valuation method in arriving at the fair value of a corporation on the date of a merger for purposes of an appraisal right proceeding where it was not the exclusive method of valuation.

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State v. Johnson, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, SUSSEX, April 22, 2004, Decided
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Overview: Where the State filed an appeal without an order from the trial court granting defendant's suppression motion and dismissing the case based upon the State's certification, it was fatal to the appeal; therefore, the appeal was dismissed.

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VGS, Inc. v. Castiel, C.A. No. 17995, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 22, 2004, Decided
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Overview: Investor who was granted reargument to attempt to show that corporation into which his limited liability merged had committed fraud in the inducement failed, at trial, to establish any of the elements of fraud.

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Black v. Hollinger Int'l, Inc., No. 131, 2004, SUPREME COURT OF DELAWARE, April 23, 2004, Decided
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Krauss v. State Farm Mut. Auto. Ins. Co., C.A. No. 03C-08-252 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 23, 2004, Decided
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Overview: Where driver, who admitted that she lived with passenger, was driving the passenger's car when they both were injured, passenger, as the insured, was not eligible for PIP benefits pursuant to the "owned vehicle" exclusion in the insurer's policies.

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