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| State v. McMullen, DEF. ID: 0507014155,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 1, 2006, Decided
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Overview: Two physicians employed objective diagnostic techniques and a sound methodology when diagnosing Pediatric Condition Falsification (PCF). The State had met its burden to establish that these physicians' proffered expert testimony on PCF satisfied the Daubert criteria and Del. R. Evid. 702. Defendant's motion in limine was denied as to these experts.
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| Elite Cleaning Co. v. Capel, Civil Action No. 690-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 2, 2006, Decided , June 2, 2006, Filed
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Overview: In a claim for breach of a noncompetition agreement, the facts supported at least a colorable argument that the agreement was unenforceable, as the temporal scope of the two-year agreement was unreasonable. Judgment was entered in the employee's favor on a counterclaim under the Fair Labor Standards Act, 29 U.S.C.S. §§ 201-219, for unpaid overtime.
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| Krahmer v. Christie's, Inc., C.A. No. 606-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 2, 2006, Decided
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Overview: Art purchasers' motion to amend their complaint under Del. Ch. Ct. R. 15(a) was denied as the proposed causes of action for mutual mistake of fact, negligent misrepresentation, and actual or constructive fraud were time-barred under Del. Code Ann. tit. 10 § 8106. The negligent misrepresentation claim also failed to state a claim under New York law.
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| O'Connor v. Petti, No. 201, 2006,
SUPREME COURT OF DELAWARE, June 2, 2006, Decided
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Overview: Because a trial court's order striking an expert witness did not determine a substantial issue or establish a legal right or prevent introduction of the evidence from another source or witness, the doctors' application for interlocutory review was refused because it did not meet the requirements of Del. Sup. Ct. R. 42.
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| Tunnell v. State, No. 344, 2005,
SUPREME COURT OF DELAWARE, June 2, 2006, Decided
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| Urena v. Capano Homes, Inc., C.A. N0. 04C-11-018 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 2, 2006, Decided
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Overview: Trial court denied a subcontractor's motion for summary judgment as to an action by an injured worker alleging negligence, as there was a triable issue of fact as to whether the subcontractor had active control over the activities of roofing workers, an exception to the general rule of liability for negligence of another subcontractor.
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| Vandeleigh Indus., LLC v. Storage Partners of Kirkwood, LLC, No. 373, 2005,
SUPREME COURT OF DELAWARE, June 2, 2006, Decided
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Overview: In a declaratory judgment action, a trial court order was upheld that required the servient estateholders of an easement to remove any improvements when it was shown by the dominant estateholder that it had an imminent and viable use for the easement as such an order was within the equitable powers of the trial court.
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