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| England v. Jones, C.A. No. 03L-07-026-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, April 18, 2006, Decided
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Overview: Attorney's fee award under Del. Code Ann. tit. 10, § 3912, was vacated since statute was unconstitutionally applied to mechanics' lien actions; property owners received construction loan while acting as their own contractors, so lack of good faith basis for not paying contractor justified attorney's fees under Del. Code Ann. tit. 6, § 3506(a), (d).
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| Robinson v. State, No. 467, 2005,
SUPREME COURT OF DELAWARE, April 18, 2006, Decided
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Overview: Because a search and seizure of defendant was lawful, the trial court properly concluded that if counsel had filed a suppression motion, it would have been denied; therefore, the trial court properly denied defendant's motion for postconviction relief without a hearing.
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| State v. Burton, I.D. No. 0509005223,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 18, 2006, Decided
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Overview: Motion for judgment of acquittal after second degree burglary conviction was denied as there was no continuous act of escape under Del. Code Ann. tit. 11, § 1258 (2005), while resisting arrest could be continuing offense. There was sufficient evidence that defendant knowingly and unlawfully entered home intending to continue resisting arrest crime.
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| Wilson v. Franciscan Care Ctr., C.A. No. 05A-09-012 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 18, 2006, Decided
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Overview: Where former employee in unemployment benefits case did not appeal disqualification determination within 10 days pursuant to Del. Code Ann. tit. 19, § 3318(b) because she did not read entire disqualification determination which provided deadline for appeal, chief appeals referee properly refused to exercise jurisdiction over appeal.
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| Am. Homepatient, Inc. v. Collier, C.A. No. 274-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 19, 2006, Decided
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Overview: Court granted judgment to a former employee and a competitor on an employer's breach of contract, unfair competition, and tortious interference with contract and prospective business relations claims as the employee and the competitor did not breach any agreements nor interfere with the employer's contracts and prospective business relationships.
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| Estate of Rae v. Murphy, C.A. No. 05C-01-087 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 19, 2006, Decided
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Overview: A state driver had a right to summary judgment in wrongful death case; reasonable juror could not have found gross negligence or "I don't care" attitude by driver who became distracted and entered an intersection against lights. Absent gross negligence or recklessness, he was not liable under State Tort Claims Act, Del. Code Ann. tit. 10, § 4001.
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| Lions Gate Entm't Corp. v. Image Entm't, Inc., Civil Action No. 2011-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 19, 2006, Decided
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Overview: Corporation's motions for commission were granted only in part under Del. Ch. Ct. R. 26(b)(1) because portions were unduly burdensome in the context of the focused expedited proceeding and sought material irrelevant to any well-pled claim or issue in the litigation.
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| Robbins v. William H. Porter, Inc., C.A. No. 04C-06-289 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 19, 2006, Decided
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Overview: Because there were issues of fact as to whether an owner was negligent in protecting his vehicles from theft, and as to who stole the vehicle, and who was driving it at the time of an accident, the factual issues impacted the analysis of forseeability; therefore, any issue of intervening causation was for a jury.
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| Nelson v. State, No. 522, 2005,
SUPREME COURT OF DELAWARE, April 20, 2006, Decided
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Overview: Defendant's arguments on appeal challenged the credibility of a key prosecution witness, which was a factual determination that the appellate court ordinarily reviewed with great deference. There was sufficient evidence for a delinquency adjudication for burglary-second degree, aggravated menacing, and terroristic threatening.
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