Delaware, June, 2007, State Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

State Courts - Delaware - June 25 - June 27, 2007

AT&T Wireless Servs. v. Fed. Ins. Co., C.A. No. 03C-12-232 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 25, 2007, Decided
View this case - free

Overview: Three claims based on Washington law were summarily dismissed because the action was to be decided in a contractual context, and upon applying the five-factor choice-of-law test, the court concluded that Virginia law was to apply to both the contract and bad faith claim, and none of the three claims had a basis in Virginia law.

Search Cases for Free

Brown v. City of Wilmington Zoning Bd. of Adjustment, C.A. No. 06A-10-005-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 25, 2007, Decided
View this case - free

Overview: Trial court found that addition of prospective developer through amendment to petition for writ of certiorari should be granted, as prospective developer met conditions of Del. Super. Ct. R. Civ. P. 15(a) and 15(c), which also meant that trial court did not have to address whether it was a necessary party under Del. Super. Ct. R. Civ. P. 19(b).

Search Cases for Free

Dennison v. State, No. 612, 2006, SUPREME COURT OF DELAWARE, June 25, 2007, Decided
View this case - free

Overview: The denial of new trial was not an abuse of discretion because defendant sought alternative forms of relief, either a new trial or reduced charges, and the trial court, in granting his motion for partial judgment of acquittal, properly reduced his felony conspiracy and theft charges to misdemeanors, pursuant to Del. Code Ann. tit. 11, ? 841.

Search Cases for Free

Alderman v. Clean Earth, Inc., C.A. No. 04C-06-181-FSS (E-FILED), SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 26, 2007, Decided
View this case - free

Overview: Reargument of the court's exclusion of expert testimony in a case alleging injury to land by pollution was denied because the motion simply rehashed the owners' original arguments and because neither expert could prove that defendants probably caused any harm to the owners; expert one's conclusions were only untested hypotheses.

Search Cases for Free

Schweizer v. Bd. of Adjustment of Newark, No. 632, 2006, SUPREME COURT OF DELAWARE, June 26, 2007, Decided
View this case - free

Overview: Del. Code Ann. tit. 22, ? 328(a) did not require property owners' petition challenging fraternity's eviction to support the grounds of illegality with factual evidence; the property owners' petition was erroneously dismissed when it stated the grounds of illegality of an adjustment board's judgment and complied with Del. Super. Ct. R. Civ. P. 72.

Search Cases for Free

State v. Yarnall, Defendant ID No. 0505008426 (R-1-Amended), SUPERIOR COURT OF DELAWARE, SUSSEX, June 26, 2007, Decided
View this case - free

Overview: Because all of the allegations in defendant's amended motion for postconviction relief were known to him at the time he pleaded guilty to a probation violation, and because defendant did not show cause for procedural relief or prejudice, the motion was procedurally barred under Del. Super. Ct. R. Crim. P.61(i)(3).

Search Cases for Free

Alexander v. Town of Cheswold, C.A. No. 04C-09-277 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 27, 2007, Decided
View this case - free

Overview: Former police officer was entitled to a hearing under the Delaware Law Enforcement Officer Bill of Rights because he was a "law-enforcement officer" under Del. Code Ann. tit. 11, ? 9200(b) at the time he was terminated since, inter alia, he took an officer's oath and his status was not altered by his decision to leave the police academy.

Search Cases for Free

Communities Portal