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| Infante Enters. v. Del. Health & Soc. Servs., C.A. No. 04A-10-002 RBY,
SUPERIOR COURT OF DELAWARE, KENT, August 1, 2005, Decided
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Overview: Because a business failed to show that the Clean Indoor Air Act (Act), Del. Code Ann. tit. 16, ch. 29, was invalid on its face, lacked a rational basis, and that the Division of Public Health did not have the statutory authority to enforce the Act against businesses, as well as individuals, a violation order and assessed fine were upheld.
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| Montgomery Cellular Holding Co. v. Dobler, No. 496, 2004,
SUPREME COURT OF DELAWARE, August 1, 2005, Decided
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Overview: A corporate appraisal of $ 19,621.74 per share made pursuant to Del. Code Ann. tit. 8, ¿ 262 was upheld on appeal where the records supported the trial court's conclusion and the corporate appellants failed to meet their burden of providing an independent valuation.
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| Onusko v. Kerr, No. 503, 2004,
SUPREME COURT OF DELAWARE, August 1, 2005, Decided
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Overview: As a medical expert, an injured person's treating physician was qualified to conclude that all patients, on average, required the same follow-up long term care, and to use those same averages to predict future needs. Injured person was entitled to compensation for reasonable value of therapy, even though part of the charges was written off.
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| St. Search Ptnrs., L.P. v. Ricon Int'l, C.A.No. 04C-09-156PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 1, 2005, Decided
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Overview: Although a partnership failed to adequately plead that it was a third-party beneficiary to a contract between a manufacturer and a middleman, the partnership successfully pleaded that the manufacturer was unjustly enriched.
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| Brown v. State, C.A. No. 05X-07-011,
SUPERIOR COURT OF DELAWARE, SUSSEX, August 2, 2005, Decided
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Overview: Defendant was convicted of forgery in the second degree and theft by false pretenses and acquitted of theft of a senior. The court denied defendant's Del. Code Ann. tit. 11, ¿ 4373 petition to expunge records of his theft of a senior charge because he was not an innocent person entitled to the protections of ¿ 4373.
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| Murray v. State, No. 76, 2005,
SUPREME COURT OF DELAWARE, August 2, 2005, Decided
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Overview: There was sufficient evidence to convict a juvenile of burglary in the second degree, conspiracy in the second degree, and criminal mischief under Del. Code Ann. tit. 11, ¿¿ 825, 512, 811 respectively. The evidence included three persons' identification of the juvenile in the home, a broken door and furniture, and participation with his brother.
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| Ross v. State, No. 556, 2004,
SUPREME COURT OF DELAWARE, August 2, 2005, Decided
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| Sargent v. Schneller, C.A. No. 235-S,
COURT OF CHANCERY OF DELAWARE, August 2, 2005, Decided
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Overview: Buyer's paying landowners' small legal fee for land and performing light yard maintenance was not sufficiently substantial or specifically attributed to alleged agreement, so buyer did not prove by clear and convincing evidence that there was part performance to take alleged oral contract out of statute of frauds, Del. Code Ann. tit. 6, ¿ 2714.
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| State v. Bishop, I.D. # 86013220DI,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 2, 2005, Decided
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