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| Chabbott Petrosky Commer. Realtors, Ltd. v. Whelan, C.A. 02C-10-036 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, July 29, 2005, Decided
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Overview: Real estate broker was not entitled to commission, even though sellers breached listing agreement by terminating prior to expiration of exclusive listing period, because no sale occurred and only eligible offer came after agreement was terminated; agreement also lacked cancellation clause required by Md. Code Ann., Bus. Occ. & Prof. ¿ 17-534.
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| Coleman v. PricewaterhouseCoopers LLC, C.A. No. 03C-02-137 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2005, Decided
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Overview: Experts failed to support shareholders' claim that CPA firm materially overstated corporation's income and assets by understating depreciation and/or amortization of goodwill and other capital assets. Expert's testimony that there was no misstatement was not rebutted by later hypothetical that was not supported by corporation's actual records.
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| Del. Ins. Guar. Ass'n v. Medical Protective Co., C.A. No. 03C-05-023 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, July 29, 2005, Decided
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Overview: Where the insurer provided malpractice coverage to the medical practice where the doctor worked, the doctor was not covered under the policy. While the acts or omissions of the doctor while working for the practice fell under the agreement, the insurer owed no duty to defend the doctor individually as the doctor was not a named insured.
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| E.J. Deseta HVAC Svcs. v. Conaty, C.A. No. 04L-03-065-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2005, Decided
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Overview: Although a contractor could correct a mistake in its mechanics' lien complaint under Del. Super. Ct. R. Civ. P. 15(a), because the statute of limitations in Del. Code Ann. tit. 25, ¿ 2711(a)(2)f., had not begun to run, the contractor could not amend the mechanics' lien judgment under Del. Code Ann. tit. 25, ¿ 2711(a)(1)b.
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| Hernandez v. Pride Court Apts. & Westminister Mgmt. Corp., CA. No. 04C-12-053,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2005, Decided
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Overview: Because a tenant reasonably believed that the owner of an apartment went by a name similar to the manager's name, the tenant satisfied the mistake in identity requirement of Del. Super. Ct. R. Civ. P. 15(c)(3)(B), and could amend the complaint without violating the statute of limitations.
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| Lang v. Morant, C.A. No. 99C-03-162,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2005, Decided
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Overview: Where, after new trial was awarded and second verdict was entered in favor of injured party and spouse, second verdict was vacated and first trial verdict in favor of defendant was reinstated, defendant was entitled to litigation costs for first trial pursuant to Del. Super. Ct. R. Civ. P. 54(d), including expert witness testifying and travel fees.
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| State v. Nave, I.D. # 006436DI,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2005, Decided
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| Watson v. Watson Mortuary Serv., C.A. No. 05M-07-020,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 29, 2005, Decided
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