Delaware, May, 2004, State Case law

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State Courts - Delaware - May 19 - May 20, 2004

Adirondack Group, Inc. v. Braxton, C. A. No. 03A-08-010 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 19, 2004, Decided
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Overview: Where a fence company failed to deliver and install fencing around a customer's pool within the four to six week period, as agreed in their contract, it breached the contract and was required to return the customer's deposit.

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Cherrix v. Skating Club of Wilmington, C.A. No. 03A-08-008 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 19, 2004, Decided
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Overview: When a workers' compensation claimant sought additional compensation, industrial accident board properly relied on medical opinion finding he had not experienced objective deterioration in his condition and could do sedentary work, with restrictions.

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Kronenberg v. Katz, C.A. No. 19964, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 19, 2004, Decided
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Overview: Standard integration clause in an investment agreement did not prevent investors from bringing claims based on fraud and ? 1-501(a) of the Pennsylvania Securities Act of 1972, Pa. Stat. Ann. tit. 70, ? 1-501(a); since the investors clearly established misrepresentation that induced their investment, summary judgment was granted on their claims.

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Bell Atlantic-Delaware, Inc. v. Hall, No. 18, 2004, SUPREME COURT OF DELAWARE, May 20, 2004, Decided
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Doft & Co. v. Travelocity.com Inc., C.A. No. 19734, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 20, 2004, Decided; May 21, 2004, Revised
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Overview: In statutory appraisal action, comparable company, rather than discounted cash flow, analysis was used to value merging corporation's stock because projections of future revenues, expenses, and cash flows were not shown to be reasonably reliable.

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Ng v. Heng Sang Realty Corp., Civil Action No. 18462 NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 20, 2004, Decided
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Overview: Where the court inadvertently used "gross revenue" instead of "net operating income," the order was clarified; however, because a tax rate of 11 percent of net operating income was appropriate, a company's motion to reargue was denied.

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Richmont Capital Ptnrs. I, L.P. v. J. R. Invs. Corp., C.A. No. 20281, C.A. No. 20285, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 20, 2004, Decided; May 24, 2004, Revised
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Overview: After plaintiffs voluntarily dismissed their action against defendants for the interpretation of a partnership agreement, defendants were entitled to reasonable attorney fees for answering the complaint and responding to the motion to dismiss.

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Strategic Asset Mgmt., Inc. v. Nicholson, C.A. No. 20360-NC, COURT OF CHANCERY OF DELAWARE, KENT, May 20, 2004, Decided , May 20, 2004, Filed
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Overview: Trial court denied a motion to approve a proposed settlement agreement in a minority shareholder's derivative action because the settlement suffered from several shortfalls, which the court could not ignore.

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Vague v. Bank One Corp., No. 511, 2003, SUPREME COURT OF DELAWARE, May 20, 2004, Decided
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Overview: Where a retiring executive officer relied on a bank's general counsel to provide accurate information regarding stock option expiration dates, the reasonableness of the officer's reliance was a question of fact that precluded summary judgment.

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