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| Orona v. Little Sisters of the Poor, C.A. No. 02A-05-004 CHT,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 1, 2003, Reopened
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Overview: Employee was not entitled to unemployment compensation after Unemployment Insurance Appeal Board found she was discharged for just cause based on evidence that she received policies in question and did not indicate she did not understand them.
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| Del. Elec. Coop. v. EMT Constr. Corp., C.A. No. 01C-02-026 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2003, Decided
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Overview: Workers' compensation "bar" did not prevent an indemnity claim against an employer arising out of a contract, and failure to join employer in wrongful death action resulted in collateral estoppel bar to subsequent indemnity action against employer.
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| In re Bailey, No. 334, 2002,
SUPREME COURT OF DELAWARE, May 2, 2003, Decided
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Overview: A managing partner of a law firm had enhanced duties to ensure that the law firm complied with its recordkeeping and tax obligations, and the managing partner had to discharge those responsibilities faithfully and with the utmost diligence.
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| Jacob v. Harrison, C.A. No. 00C-12-101 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2003, Decided
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Overview: Motion for reargument was denied, where the court concluded that it had not overlooked a precedent/legal principle, nor had it misapprehended the law or the facts, and therefore, any relief contrary to the court's earlier decision was not warranted.
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| State v. Bass, ID No.: 83000508DI, Cr.A.No.: IN82-11-0559R4, IN82-11-0560R4, IN82-11-0561R4, IN82-11-0562R4, IN82-11-0563R4, IN82-11-0564R4, IN82-11-0565R4, IN83-01-1875R4, IN83-01-1876R4, IN83-01-1877R4, IN83-01-1878R4, IN83-01-1879R4,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2003, Decided
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Overview: A Delaware defendant's fourth motion for post-conviction relief was procedurally barred, where it was filed 14 years late, all the claims had been or could have been raised earlier, and a hearing was not required in the interests of justice.
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| Chandler v. Ciccoricco, C.A. No. 19842-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 5, 2003, Decided
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Overview: In shareholders' suit for declaration that they were directors of corporation, court had personal jurisdiction over nonresident persons under long-arm statute, due process, and under theory of conspiracy to control the board by issuance of shares.
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| Guttman v. Jen-Hsun Huang, C.A. No. 19571-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 5, 2003, Decided
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Overview: Court granted directors' and officers' motion to dismiss derivative suit based on income reports and insider sales; shareholders did not make demand on board, did not sufficiently plead facts to prove futility, and board was not independent.
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| H&R Block v. Moore, C.A. No. 02A-05-003 CHT,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 5, 2003, Decided
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Overview: Industrial Accident Board did not err by shifting burden to employer to prove that claimant's surgery was unrelated to her work injury because claimant met burden via surgeon's testimony, which causally linked injury to lesion on which he operated.
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| Parisi v. State, No. 642, 2002,
SUPREME COURT OF DELAWARE, May 5, 2003, Decided
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Overview: Where defendant understood a plea, he was bound by his representations in waiving a habitual offender hearing and in stating that counsel was not ineffective; thus, defendant's postconviction motion was properly denied.
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