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| Hennegan v. Cardiology Consultants, P.A., C.A. No.: 07C-02-015 RBY,
SUPERIOR COURT OF DELAWARE, KENT, July 15, 2008, Decided
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Overview: Doctor and his employer were entitled to summary judgment in medical malpractice action with wrongful death component as plaintiffs, patient's wife and daughters, had brought prior wrongful death action based on separate incident and settled that action; plaintiffs could only bring one wrongful death action under Del. Code Ann. tit. 10, § 3724(e).
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| Robertson v. Am. Life Ins. Co., No. 314, 2008,
SUPREME COURT OF DELAWARE, July 15, 2008, Decided
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Overview: Because nothing in the record reflected that an insured's failure to file a timely notice of appeal under Del. Sup. Ct. R. 6(a)(i), 10(a), was attributable to court-related personnel, the appeal was dismissed in accordance with Del. Sup. Ct. R. 29(b).
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| Sodano v. AMEX LLC, C.A. No. 3418-VCS,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 15, 2008, Decided
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Overview: A former chief executive officer was entitled to advancement of legal fees, pursuant to Del. Code Ann. tit. 8, § 145(e), regarding an administrative proceeding against him for actions he took at a subsidiary corporation as interpretation of a separation agreement clearly demonstrated that his right to full indemnification was preserved.
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| Denston v. State, No. 244, 2008,
SUPREME COURT OF DELAWARE, July 16, 2008, Decided
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Overview: State's motion under Del. Sup. Ct. R. 25(a) to affirm the sentences imposed upon defendant was granted because it was manifest on the face of the opening brief that defendant's appeal was without merit. Relief under Del. C.P. Ct. Crim. R. 35(a) was not available to defendant because the sentences were authorized by statute and were not illegal.
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| In re Tyrrell, No. 353, 2008,
SUPREME COURT OF DELAWARE, July 16, 2008, Submitted, July 16, 2008, Decided
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| CA, Inc. v. AFSCME Emples. Pension Plan, No. 329, 2008,
SUPREME COURT OF DELAWARE, July 17, 2008, Decided
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Overview: Proposed bylaw that required board to provide reimbursement for proxy expenses fell within scope of Del. Code Ann. tit. 8, § 109 and was proper subject for stockholder action; however, bylaw violated Del. Code Ann. tit. 8, § 141(a) bar against contractual arrangements committing board to acts precluding discharge of fiduciary duty.
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| McLaughlin v. Dover Downs, Inc., C.A. No. 04C-03-013 JTV,
SUPERIOR COURT OF DELAWARE, KENT, July 17, 2008, Decided
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Overview: Plaintiff could not recover from an automatic revolving door manufacturer for injuries he sustained when he fell inside a moving door because the manufacturer included several safety features on the door and there was no evidence that the door actually malfunctioned at the time of plaintiff's accident.
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| Tanyous v. Happy Child World, Inc., C.A. No. 2947-VCN,
COURT OF CHANCERY OF DELAWARE, KENT, July 17, 2008, Decided, July 17, 2008, EFiled
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Overview: Investor was entitled to inspect corporation's books and records under Del. Code Ann. tit. 8, § 220(b) because he had evidence that board of directors and corporate officers had diverted corporate funds to other non-corporate business ventures. Investor was entitled to fees and costs as prevailing party under Del. Ch. Ct. R. 54(d).
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