Delaware, May, 2004, State Case law

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State Courts - Delaware - May 28, 2004

Amaysing Techs. Corp. v. Cyberair Communs., Inc., Civil Action No. 19890, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 28, 2004, Decided
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Overview: Equity court denied defendant's motion to dismiss plaintiff's breach of contract action; plaintiff had no adequate remedy at law because it was faced with nearly impossible task of measuring damages for unproven technology; damages were speculative.

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Atlantis Communs. v. Webb, C.A. No. 03A-07-006-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 28, 2004, Decided
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Overview: Record was insufficient to permit review of Delaware unemployment insurance agency's determination that employee was not fired for willful and wanton misconduct where referee made detailed findings that the agency evidently disregarded.

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Barton v. Innolink Sys., C.A. No. 03A-09-006 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 28, 2004, Decided
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Overview: Substantial evidence supported Delaware agency's determination that employee was fired for just cause for substandard performance after repeated warnings and for knowingly violating employer's anti-moonlighting policy.

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Casey v. Nelson, C.A. 01C-08-029-ESB, consolidated with C.A. 01C-12-141-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 28, 2004, Decided
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Overview: A tractor-trailer driver and a manufacturing facility were found to be at fault for causing a fatal traffic accident to a vehicle passenger; the vehicle driver and security guard who informed the truck driver which gate to use were not at fault.

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Family Health of Del. v. Brar, C.A. No. 02C-04-011 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 28, 2004, Decided
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Overview: Where an employer indicated that it intended to present expert testimony in order to establish alleged lost profits in its breach of contract action against an employee, the employee's motion for summary judgment was denied.

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Jones v. State, No. 575, 2003, SUPREME COURT OF DELAWARE, May 28, 2004, Decided
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Overview: Because an indictment did not mention either a bottle or a knife, there was no factual support for defendant's claim that the indictment was defective for alleging that he was armed with a bottle.

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Kopicko v. State, No. 521,2000, SUPREME COURT OF DELAWARE, May 28, 2004, Decided , May 28, 2004, Filed
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Overview: Where a state employee appealed her termination through the Delaware Merit Employee Relations Board and through appeals to the courts, which affirmed the termination based on meritorious reasons, she was collaterally estopped to relitigate the issue.

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Mahmoud v. Al-Naser, No. 595, 2003, SUPREME COURT OF DELAWARE, May 28, 2004, Decided
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Overview: A family court properly determined that it did not have jurisdiction to hear claims in a divorce proceeding dealing with alleged debts due and owing to third parties.

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Motley v. Del. State Univ., C. A. No. 01C-12-021 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 28, 2004, Decided
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Overview: A state university employee's breach of contract action was resolved in favor of the university, as her accrued leave time was determined by the governing employee handbook and the employee's written contracts.

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Pringle v. Herbus, C.A. No. 03A-07-004 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 28, 2004, Decided
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Overview: Where a driver and a vehicle operator were equally negligent and a passenger could not be charged with the operator's negligence, the operator's and the passenger's claim for damages were not barred, but were to be reduced proportionately.

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