Delaware, May, 2002, State Case law

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State Courts - Delaware - May 31, 2002

Bd. of Educ. of Caesar Rodney Sch. Dist., C.A.No. 01M-10-008, SUPERIOR COURT OF DELAWARE, KENT, May 31, 2002, Decided
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Overview: Court had statutory authority to modify or set aside any subpoena issued by the Delaware Department of Labor. Subpoena was set aside where employee in discrimination case had returned to work and case did not present a viable, justiciable dispute.

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Cord v. Menendez, C.A. No. 99C-09-002-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, May 31, 2002, Decided
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Overview: A woman's cause of action against an out-of-state deceased's executrix was dismissed because of defective process and service where the woman's amended complaint naming the executrix was not timely filed as an amendment, without good cause.

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Harrah's Entm't, Inc. v. JCC Holding Co., Civil Action No. 19479, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 31, 2002, Decided
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Overview: In shareholder's suit against a corporation in which it owned 49 percent of shares, the shareholder had right to nominate two (instead of one) directors under ambiguous nomination restrictions resolved to permit participation in electoral process.

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Sentner v. Sentner, No. 531, 2001, SUPREME COURT OF DELAWARE, May 31, 2002, Decided
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Overview: Delaware father who had lost high-paying job through his own fault eventually established entitlement to reduction in his child support obligation by showing that a lower-paying job was the best he could get.

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State v. Edwards, C.R. No. 0010001468, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, May 31, 2002, Decided
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Overview: Where defendant's car never crossed the center line and only crossed the shoulder a few times, there was no violation of traffic rules that gave an officer a reasonable and articulable suspicion to perform a traffic stop; suppression was ordered.

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State v. Giles, I.D. No. 0107003146, SUPERIOR COURT OF DELAWARE, KENT, May 31, 2002, Decided
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Overview: Information provided by a confidential informant was found to be reliable, as informant had provided past proven reliable information, which led to previous arrests, and information provided in the instant case was predictive and self-corroborating.

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State v. Givans, C.R. No. 0102003157, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, May 31, 2002, Decided
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Overview: Where the State failed to provide a transcript of the proceedings below, the appellate court could not determine whether the trial court's order granting defendant's motion to dismiss amounted to an abuse of discretion.

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Trs. of Arden v. Unity Constr. Co., C.A. No. 15025-NC, COURT OF CHANCERY OF DELAWARE, KENT, May 31, 2002, Decided
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Overview: Summary judgment was properly granted to defendants against claim that erosion of forest under plaintiffs' care resulted from defendants' negligent design of water system; as plaintiffs' expert did not challenge the design, there was no dispute.

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Wilson v. State, No. 430, 2001, SUPREME COURT OF DELAWARE, May 31, 2002, Decided
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Overview: Reseating of African-American juror peremptorily struck by white defendant accused of raping African-American woman was upheld; defendant wanted juror removed because she looked "funny" at him and trial court found explanation pretextual.

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