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| Chambers v. Genesee & Wyo. Inc., C.A. No. 354,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 11, 2005, Decided
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Overview: Based on the terms of stock option agreements executed between joint business venture sellers and a purchaser, the sellers were entitled to stock options, as they vested upon attainment of a certain level of earnings before interest, taxes, depreciation, and amortization of the venture; adjustments made by the purchaser were flawed.
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| Griffin Corporate Servs., LLC v. Jacobs, Civil Action No. 396-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 11, 2005, Decided , August 11, 2005, Filed
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Overview: In a case arising from an LLC's sale by a bank, factual allegations that the LLC and counterclaim defendants engaged in Del. Code Ann. tit. 6, ¿ 2532 intentional deceptive and unfair trade practices, if proven true, provided a set of facts upon which counterclaim plaintiffs could prevail, and a motion to dismiss the claims was denied.
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| Santini v. Witherell, C.A. No. 05C-04-142-FSS, Non-Jury Trial,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 11, 2005, Decided
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Overview: Client failed to allege negligent infliction of emotional distress arising out of attorney's actions in taking too long to secure return of car, in that his only allegations of emotional distress related to what his niece, owner of car, endured. Client could not allege that he suffered emotional or physical harm upon learning of niece's struggles.
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| Storm v. NSL Rockland Place, LLC, C.A. NO. 04C-01-210-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 11, 2005, Submitted , August 11, 2005, Oral Decision; December 29, 2005, Written Decision
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Overview: When a resident of an assisted living facility alleged that the facility had been negligent in rendering care to him, the facility could not raise the defense of primary assumption of the risk. A defendant would not be able to establish the elements of the defense, and allowing the defense would violate public policy.
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| Delhaize Am., Inc. v. Baker, No. 108, 2005,
SUPREME COURT OF DELAWARE, August 12, 2005, Decided
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Overview: An employee was properly deemed totally disabled as a matter of law for the period when she was under doctor's orders not to return to work, even though the industrial accident board found that the employee did not show that she was ever totally disabled; an award for the employee was affirmed.
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| FMAC v. Ostrie, Civil Action No. 20222,
COURT OF CHANCERY OF DELAWARE, SUSSEX, August 12, 2005, Decided
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Overview: Pursuant to plaintiffs' motion for protective order under Del. Ch. Ct. R. 26(c), requesting that one of their agents not be required to appear for deposition noticed in New York, court ordered deposition to take place in Colorado where agent resided since it was most convenient scenario for agent, and all attorneys would be inconvenienced equally.
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| Homan v. Turoczy, C.A. No. 19220,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 12, 2005, Decided
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Overview: Purchasers of small business failed to prove equitable fraud on part of sellers where credible evidence indicated that purchasers, who were educated and sophisticated, simply failed to put in the effort required to make the business succeed and had disclaimed, in the contract, any reliance on representations made to them.
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| Roane v. State, No. 45, 2005,
SUPREME COURT OF DELAWARE, August 12, 2005, Decided
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Overview: Postconviction relief was properly denied where trial counsel employed reasonable strategy in raising victim's prior inconsistent statements while cross-examining investigating officer, instead of victim; failure to object to prior misdemeanor was not prejudicial where sufficient predicate felonies existed for habitual offender sentencing.
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