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| AT&T Corp. v. Clarendon Am. Ins. Co., C.A. No. 04C-11-167(JRJ),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 13, 2006, Decided
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Overview: In a corporation's action against insurers, seeking insurance coverage in connection with underlying shareholder suits, the insurers were granted partial summary judgment; the corporation's denials of various allegations asserted against it in the underlying actions did not constitute factual disputes sufficient to defeat summary judgment.
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| Bunting v. Citizens Fin. Group, Inc., 05C-03-013-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, April 13, 2006, Decided
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Overview: Wage claim based on claim to incentive compensation failed as award was not calculable and had not been allocated to employee at time of termination. Wrongful termination claim survived as jury could find employment-at-will status was modified by understanding employee would notarize documents in violation of policy and employer would not fire her.
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| Chao v. State, No. 475, 2004,
SUPREME COURT OF DELAWARE, April 13, 2006, Decided
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Overview: Superior court erred by summarily rejecting postconviction relief motion given decision holding that felony murder statute required murder be committed in furtherance of felony, thereby overruling contrary holding used to affirm defendant's convictions; interest of justice under Del. Super. Ct. R. Crim. P. 61(i)(4) could overcome procedural bar.
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| Diaz v. Fitzgeralds Auto, C.A. No: 06A-03-001 (RBY),
SUPERIOR COURT OF DELAWARE, KENT, April 13, 2006, Decided
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Overview: The Unemployment Insurance Appeal Board properly rejected an appeal from a referee's decision because it was filed two days after the expiration of the appeal period under Del. Code Ann. tit. 19, § 3318(b). Without any evidence that the claimant did not receive the decision because of a Board error, the decision had to be deemed properly mailed.
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| Harris v. Christiana Care Health Servs., C.A. No. 06C-02-047 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 13, 2006, Decided
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Overview: Because an expert's affidavit did not describe the expert as an expert in "critical care" nursing, but rather in "nursing," the court was not in a position to conclude that the affidavit should have been submitted by an expert within any subspecialty of "critical care" nursing in order to comply with Del. Code Ann tit. 18, § 6853(a)(1).
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| MBNA Am. Bank, N.A. v. Swartz, Civil Action No. 1192-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 13, 2006, Decided
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Overview: Where the card holder received a copy of the arbitrator's award on May 9, 2005, at the latest and where the earliest date that she filed the motion to vacate based on the validity of the arbitration agreement was October 25, 2005, the motion to vacate was not filed within 90 days under Del. Code Ann. tit. 10, § 5714(b). The award was confirmed.
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| Morris v. State, No. 215, 2005,
SUPREME COURT OF DELAWARE, April 13, 2006, Decided
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Overview: An inmate's motion for postconviction relief pursuant to Del. Super. Ct. R. Crim. P. 61 was denied where his claims of ineffective assistance of counsel lacked merit because he failed to show prejudice, the evidence against him was overwhelming, and any alleged error would not have affected the outcome of the trial.
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| Sierra-Walker v. Cirillo Bros., C.A. No. 05A-02-002(CHT),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 13, 2006, Decided
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Overview: Industrial board's denial of benefits had to be upheld; substantial evidence supported decision, no error of law existed, and board had a right to credit opinions of doctors who were board certified in gynecology and to reject opinion of non-certified doctor who alone saw a causal connection between a claimant's menstrual problems and her accident.
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| Two Farms, Inc. v. Jim Lee, Inc., C.A. No. 04C-02-020(THG),
SUPERIOR COURT OF DELAWARE, SUSSEX, April 13, 2006, Decided
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Overview: Because the first company drafted a contract containing a Maryland forum clause but, nevertheless, sued in Delaware, and because the second company filed a motion to transfer on the final date permitted under a scheduling order, the second company was entitled to summary judgment and the case had to be tried in Maryland.
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