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| Green v. Conagra Poultry, C.A. No: 04A-09-003 RBY,
SUPERIOR COURT OF DELAWARE, KENT, September 8, 2005, Decided
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Overview: Delaware Industrial Accident Board, in awarding minimal attorney's fee to employee's counsel under Del. Code Ann. tit. 19, ¿ 2320, abused its discretion in failing to demonstrate that it had considered requisite Cox factors. Board merely stated that it awarded minimal fee due to employee's counsel's failure to cooperate with employer's counsel.
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| Nevins v. Bryan, C.A. No. 05C-07-041 - ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, September 8, 2005, Decided
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Overview: Where a former employee alleged that the employer's breach of fiduciary duty counterclaims in a chancery case constituted malicious prosecution, his motion to proceed in forma pauperis was denied under Del. Code Ann. tit. 10, ¿ 8803 because, inter alia, he failed to show that the employer lacked probable cause to make the assertions.
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| Rhineway v. Dep't of Servs. for Children, Youth and their Families, No. 23,2005,
SUPREME COURT OF DELAWARE, September 8, 2005, Decided
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Overview: Family court properly terminated a father's parental rights to his four children pursuant to Del. Code Ann. tit. 13, ¿ 1103; the agency made adequate attempts to reunify the family, the father failed to plan for the welfare of the children, and the termination was in the best interest of the children.
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| State v. Jones, I.D. No. 0303003566,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 8, 2005, Decided
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Overview: Postconviction relief claim was procedurally barred by res judicata since victim's inconsistent statements made before and during trial were for jury to resolve. "Interest of justice" exception under Del. Super. Ct. R. Crim. P. 61(i)(4) did not apply as inconsistencies did not raise issue of trial court's authority to punish defendant.
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| Zimmerman v. Braddock, C.A. No. 18473-NC,
COURT OF CHANCERY OF DELAWARE, KENT, September 8, 2005, Decided , September 8, 2005, Filed
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Overview: A shareholder sufficiently pled allegations that, if proven to be true, could state a viable claim of insider trading and misappropriation of confidential information. The company's board members had not demonstrated that amendment of the complaint would be futile under Del. Ch. Ct. R. 23.1 or failed to state a claim under Del. Ch. Ct. R. 12(b)(6).
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| Frenz v. Gencor Indus., Civil Action No. 1204-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, September 9, 2005, Decided , September 9, 2005, Filed
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Overview: As an emergency motion to enjoin an annual shareholders' meeting, or amend proxy materials to include a specific nominee for director exceeded the scope of Del. Code Ann. tit. 8. ¿¿211, plaintiffs failed to cite to any other statutory authority to grant the same, and failed to show the elements for an injunction, said motion was denied.
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| Providence Creek Acad. Charter Sch., Inc. v. St. Joseph's at Providence Creek, C.A. No. 1210-K,
COURT OF CHANCERY OF DELAWARE, KENT, September 9, 2005, Decided , September 9, 2005, Filed
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Overview: Because a tenant's complaint could fairly be read to allege that the parties, by an oral agreement or their conduct, formed a joint venture that overrode or superseded their lease agreement, the tenant's claim for a resulting trust and injunctive relief under a joint venture with the landlord survived the landlord's motion to dismiss.
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| Rockwell Automation, Inc. v. Kall, C.A. No. 526-N,
COURT OF CHANCERY OF DELAWARE, KENT, September 9, 2005, Decided , September 9, 2005, Filed
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Overview: Pursuant to an employment agreement between the parties, the employer was granted full access to its proprietary material stored in a computer used by the employee upon his termination. But, it was not for the court to determine whether it could access the employee's personal documents, because that claim was not fairly framed in the complaint.
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