Delaware, June, 2004, State Case law

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State Courts - Delaware - June 16 - June 17, 2004

Klint v. Brennan, Civil Action No. 99C-09-022 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 16, 2004, Decided
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Overview: The motion for new trial, or additur, was denied as the verdict returned in favor of the automobile accident victim was not grossly out of proportion to the factual conclusions the jury could have made based upon the evidence at trial.

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Lewis v. Ward, No. 567, 2003, SUPREME COURT OF DELAWARE, June 16, 2004, Decided
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Overview: Delaware shareholder lacked standing to pursue derivative action against corporation that had merged into another; she failed to plead with sufficient particularity that merger had been undertaken with fraudulent intent to preclude her lawsuit.

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McDowell v. Johnson Controls, C.A. No. 03A-09-009 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 16, 2004, Decided
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Overview: Since the Delaware Industrial Accident Board rejected the employee's subjective history with regard to his ongoing left lower extremity problems, the Board was free to reject the doctor's opinion based upon the employee's subjective history.

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PNCBank, N.A. v. GMAC Mortg. Corp., C. A. No. 03L-04-046-SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 16, 2004, Decided
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Overview: Court did not set aside first mortgagee's foreclosure sale; second mortgagee was responsible for not receiving notice of first mortgagee's action since its mortgage did not appear in search because it spelled mortgagor's name wrong on mortgage.

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State v. Cannon, Def. ID # 0010006075, SUPERIOR COURT OF DELAWARE, SUSSEX, June 16, 2004, Decided
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Overview: Defendant failed to show he was entitled to postconviction relief; most of his claims were procedurally barred because they either were, or could have been, raised on appeal, and he did not show he received ineffective assistance of counsel.

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State v. Wells, Def. I.D.: 0309013835, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 16, 2004, Decided
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Overview: To convict defendant of driving while his license was suspended, the State did not have to prove that defendant had notice of the suspension, but only that the license was suspended when defendant drove.

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Wilson v. Playtex Apparel, C.A. No. 03A-06-004 JTV, SUPERIOR COURT OF DELAWARE, KENT, June 16, 2004, Decided
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Overview: The Delaware Industrial Accident Board's decision that the employee failed to produce sufficient evidence to meet her burden of proving that her knee injury caused a partial disability was supported by substantial evidence.

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Asbestos Workers Local No. 42 Welfare Fund v. Brewster, Civil Action No. 19476-NC, COURT OF CHANCERY OF DELAWARE, SUSSEX, June 17, 2004, Decided
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Overview: The court of chancery had no subject matter jurisdiction over a breach of contract claim by a welfare fund to recover sums expended on behalf of a beneficiary for medical care, as a full and complete remedy existed at law.

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In re Machette, No. 239, 2004, SUPREME COURT OF DELAWARE, June 17, 2004, Decided
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Overview: Delaware's highest court held that its original jurisdiction did not extend beyond inferior courts and judges to allow it to suspend attorney-representation-only rule in a proceeding before an educational tribunal.

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Parker v. Gadow, C.A. No. 99C-07-323 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 17, 2004, Decided
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Overview: Where a civil rights action in federal and then Delaware courts already had a long procedural history, the court certified an interlocutory appeal to determine whether the action was time-barred, in hopes of promoting judicial economy.

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