Delaware, May, 2007, State Case law

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State Courts - Delaware - May 31, 2007

Ginsburg v. Phila. Stock Exch., Inc., Civil Action No. 2202-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 31, 2007, Decided
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Overview: Class of shareholders did not delay in bringing an action regarding a dilution of ownership interests so as to justify the preclusion of rescission as a remedy as a matter of law because defendants took three months to respond to the class's books and records request under Del. Code Ann. tit. 8, ? 220 made prior to filing the suit.

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Gress v. Viola, C.A. No. 04C-06-013 (JTV), SUPERIOR COURT OF DELAWARE, KENT, May 31, 2007, Decided
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Overview: Physician's request for expert fees of three doctors who testified on issues upon which physician did not prevail in medical malpractice action was granted, although not in the amount she requested, because the physician prevailed in the action. Court exercised its discretion under Del. Code Ann. tit. 10, ? 8906 to award $1,870 for each doctor.

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Harden v. Christina Sch. Dist., C.A. No. 2832-VCS, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: School district was enjoined from not complying with the Delaware Neighborhood Schools Act, Del. Code Ann. tit. 14, ?? 220 - 223, because when compared to the modest financial benefits the district expected from implementing its strategic plan, the benefits of an injunction upholding the statutory rights of parents and a city outweighed the costs.

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In re Amalfitano, No. 184, 2007, SUPREME COURT OF DELAWARE, May 31, 2007, Decided
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Overview: State supreme court approved the professional responsibility board's report and recommended sanction, as the evidence showed that the attorney admitted that he committed multiple violations of Del. Law R. Prof. Conduct 8.4(b) and that an 18-month suspension was warranted when the aggravating and mitigating circumstances were considered.

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In re Asbestos Litig., C.A. No. 03C-10-277, C.A. No. 03C-05-031, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: In asbestos litigation, a trial court granted several landowners summary judgment as to a group of employees of independent contractors claiming injuries as the landowners owed no duty to the employees of an independent contractor when that contractor's own work created the hazard that caused the plaintiffs'/employees' injury.

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In re Asbestos Litig., C.A. No. 01C-11-239, C.A. No. 02C-03-219, C.A. No. 01C-06-151, C.A. No. 02C-08-093, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: In an action by employees who were exposed to asbestos on landowners' property while working for independent contractors along with others who worked directly with asbestos, the employees did not show that they and/or their employers did not know of the asbestos hazard on the landowners' properties prior to the employees' exposures.

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In re Brown, No. 132, 2007, SUPREME COURT OF DELAWARE, May 31, 2007, Decided
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Overview: Petition for extraordinary writ was denied and dismissed, because writ of mandamus sought by prisoner related to superior court commissioner's discretion to grant prisoner's former attorney extensions of time to respond to allegations of ineffective assistance. Writ of prohibition to disqualify commissioner was not supported by evidence of bias.

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Johnson v. State, No. 492, 2006, SUPREME COURT OF DELAWARE, May 31, 2007, Decided
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Overview: When a victim, a mentally retarded woman, testified that defendant sexually assaulted her and a nurse found injuries in the victims' vaginal area consistent with the victims' statements, sufficient evidence supported defendant's conviction for rape and unlawful sexual conduct in violation of Del. Code Ann. tit. 11, ?? 770(a)(3)a, 767.

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Matulich v. Aegis Communs. Group, Inc., Civil Action No. 2601-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, May 31, 2007, Decided
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Overview: Minority shareholder's challenge to the validity of a short-form merger was dismissed for failure to state a claim upon which relief could be granted because the parent corporation possessed the required shares under Del. Code Ann. tit. 8, ??253 to conduct the merger as a class of preferred shareholders did not possess voting rights on the merger.

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Merritt v. UPS, C.A. No. 06A-06-016-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: Administrative board properly terminated an employee's workers' compensation total disability benefits, because medical evidence supported the finding that the employee could perform sedentary work, and the employee failed to satisfy his burden of showing that he was a displaced worker.

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