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| Am. Legacy Found. v. Lorillard Tobacco Co., C.A. No. 19406,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 22, 2005, Decided
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Overview: After evaluating anti-tobacco advertisements produced by a foundation created in a settlement between tobacco companies and state attorneys general, the court found that none of the ads violated the "vilification" or "personal attack" clauses of the settlement agreement. The foundation's motion for summary judgment was granted.
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| Benning v. Wit Capital Group, Inc., C.A. No. 99C-06-157 MMJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 22, 2005, Decided
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Overview: Class certification into four subclasses of plaintiff customers, pursuant to Del. Super. Ct. R. Civ. P. 23(a)(3), was made where it was determined that at least one of the customers had made allegations of a claim typical to all four subclasses, common questions of law or fact were shared, and a class action was the superior method of adjudication.
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| Cronin v. AmBase Corp., Civil Action No. 342-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 22, 2005, Decided , August 22, 2005, Filed
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Overview: Based in part on the size of the chairman's compensation, a corporation's shareholders stated a proper purpose to compel inspection of certain of the corporation's books and records under Del. Code Ann. tit. 8, ¿ 220, and the corporation was ordered to permit inspection of the requested documents. However, attorney's fees were not justified.
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| Harvey v. State, No. 97, 2005,
SUPREME COURT OF DELAWARE, August 22, 2005, Decided
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Overview: Parole board denied parole four times based on violent nature of offenses of manslaughter and possession of deadly weapon during commission of felony. Defendant had no legally enforceable right to be paroled and no due process claim if it was denied, so it was not abuse of discretion to deny his application for order for the board to parole him.
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| Ingato v. Wilmington College, Inc., No. 92, 2005,
SUPREME COURT OF DELAWARE, August 22, 2005, Decided
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Overview: In a student's personal injury suit against his college, which arose out of the student's injury in a plane crash while taking flight training, summary judgment was properly granted to the college on the issue of liability as it owed no duty to protect the student from the negligence of a wholly independent training school's flight instructor.
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| Jones v. State, No. 321, 2004,
SUPREME COURT OF DELAWARE, August 22, 2005, Decided
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Overview: Defendant failed to move in the trial court to suppress evidence obtained from a search warrant that he claimed on appeal was obtained after a police officer deliberately falsified his affidavit of probable cause. Therefore, the record was not adequate to review defendant's claim on its merits, and the highest court found no plain error.
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| Mitchell v. Haldar, No. 348, 2004,
SUPREME COURT OF DELAWARE, August 22, 2005, Decided
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Overview: Under collateral source rule, plaintiffs should have been allowed to submit total of billed medical expenses, which was equal to amounts actually paid by their insurance carrier plus amounts written off by their providers. Error was harmless as jury could have concluded only some or none of expenses were proximately caused by negligent physician.
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| Philhower v. State, No. 442, 2004,
SUPREME COURT OF DELAWARE, August 22, 2005, Decided
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Overview: Defendant was notified of the violation of probation (VOP) charges against him and the VOP hearing, had bail set, had counsel appointed, appeared with counsel, and did not contest the VOP charges. Defendant was afforded due process under the requirements of Del. Super. Ct. R. Crim. P. 32.1.
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