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| In re Lear Corp. S'holder Litig., Consolidated C.A. No. 2728-VCS,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 15, 2007, Decided
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Overview: Stockholders' motion for a preliminary injunction regarding a merger vote was largely denied because it was unlikely that they would have succeeded on their claims as to the sale process. However, a narrow preliminary injunction was issued preventing the vote until supplemental disclosure was made as to a corporate principal's retirement benefits.
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| Ortiz v. State, No. 672, 2006,
SUPREME COURT OF DELAWARE, June 18, 2007, Decided
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Overview: Because compelling the DOC to apply Del. Code Ann. tit. 11, § 4381 good-time credits to defendant's violation of probation sentence was not available by means of a Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief, the trial court's summary dismissal of the motion was proper.
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| Spencer v. Wal-Mart Stores E., LP, No. 305, 2006,
SUPREME COURT OF DELAWARE, June 18, 2007, Decided
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Overview: Trial court did not err in giving jury instruction on landowner liability in claimant's slip and fall case against the store after she fell in its parking lot; the instruction allowed the jury to consider the claimant's secondary assumption of the risk in determining her comparative fault and properly explained the applicable legal principles.
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| Carolina Builders v. Pulse Constr., C.A. No. 06L-09-001-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 19, 2007, Decided
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Overview: Supplier was denied summary judgment under Del. Super. Ct. R. Civ. P. 56 on a complaint for an in rem judgment because the statements of the owners' counsel during arbitration as to amount of a mechanic's lien could not be given conclusive effect to eliminate their defense that they made good faith payments for materials to a construction company.
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| Pipher v. Parsell, No. 215, 2006,
SUPREME COURT OF DELAWARE, June 19, 2007, Decided
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Overview: Because a reasonable jury could find that a driver breached his duty to protect the first passenger from the second passenger by preventing the second passenger from grabbing the steering wheel a second time, the driver was not entitled to a judgment as a matter of law.
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| Seidensticker v. Gasparilla Inn, Inc., Civil Action No. 2555-CC,
COURT OF CHANCERY OF DELAWARE, SUSSEX, June 19, 2007, Decided
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Overview: Transfer of owner's shares after death to daughter released plaintiff from compliance with stock purchase agreement's restrictive provisions, and company formally rejected plaintiff's deemed offer and estate rejected it by failing to respond to plaintiff's offer within total of 60 days; thus, no contract for purchase of plaintiff's stock existed.
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| State v. Denston, ID No. 9711014977,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 19, 2007, Decided
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Overview: A defendant's second postconviction motion was denied because it was untimely pursuant to Del. Super. Ct. R. Crim. P. 61(i), and defendant could not overcome the procedural bar, but even if he could have, the motion was also procedurally barred because the claims had previously been ruled upon.
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