Delaware, May, 2004, State Case law

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State Courts - Delaware - May 27, 2004

Beebe v. Carroll, No. 281, 2003, SUPREME COURT OF DELAWARE, May 27, 2004, Decided
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Overview: An inmate seeking a writ of mandamus requiring that he be granted parole did not demonstrate that he had a right to be paroled or that the board of parole violated its duty, so it was not an abuse of discretion to deny his petition.

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Jones Apparel Group v. Maxwell Shoe Co., C.A. No. 365-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 27, 2004, Decided
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Overview: A company's charter provision, which restricted the board's ability to set a record date for consent solicitations, was valid and enforceable even though it contravened the default provision of the Delaware General Corporation Laws.

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Motorola, Inc. v. Amkor Tech., Inc., No. 521, 2003, SUPREME COURT OF DELAWARE, May 27, 2004, Decided
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Overview: Terms "license" and "assignment," as used in patent license agreement, were ambiguous, requiring trial court hearing a dispute involving the agreement to receive parol evidence, and precluding the entry of summary judgment as to the terms' meanings.

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Ng v. Heng Sand Realty Corp., Civil Action NO. 18462, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 27, 2004, Decided
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Pesta v. Warren, C.A. No. 03C-04-294 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 27, 2004, Decided
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Overview: Where the landlords' pleading in a debt and summary possession action regarded an individual's status as a tenant, pursuant to judicial estoppel (rather than judicial admission), the landlords could not repudiate the assertion.

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State v. Morris, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, SUSSEX, May 27, 2004, Decided
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Overview: Inmate was not entitled to post-conviction relief on grounds that officer was permitted to give testimony regarding his observations and recordings of inmate's performance on field sobriety tests. Contrary to inmate's argument, this was not hearsay.

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Villabona v. Bd. of Med. Practice of Del., C.A. No. 03A-09-007 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 27, 2004, Decided
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Overview: Where a doctor and his patients would be harmed if he was not granted a stay of a court's judgment restricting his license during appeal, and the public would not suffer a substantial risk if the stay was granted, the motion for a stay was granted.

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