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| Gay v. Delmarva Pole Bldg. Supply, Inc., C.A. No. 05C-12-007-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 18, 2008, Decided
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Overview: In a dispute arising out of a contract for construction of a building, a landowner knew a permit and variance were separate, and a corporation's expenses to obtain a variance would be extra costs for him to bear. However, the corporation did not perform within a reasonable period of time and materially breached its quasi-contractual obligations.
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| Guinn v. State, No. 295, 2008,
SUPREME COURT OF DELAWARE, July 18, 2008, Decided
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Overview: Because defendant unsuccessfully attempted to contact the public defender who represented him at a violation of probation hearing to request that a direct appeal be filed, the matter was remanded in the interest of justice for resentencing so that defendant could have the opportunity to file a timely direct appeal.
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| Stone v. Stant, C.A. No. 890-VCN,
COURT OF CHANCERY OF DELAWARE, KENT, July 18, 2008, Decided
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Overview: Because there was no basis for payment of the cost of defending claims brought against a trustee of a family trust with funds from a revocable trust, and because the court failed to address the issue, reargument under Del. Ch. Ct. R. 59(f) was appropriate.
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| Troy Corp. v. Schoon, C.A. No. 1959-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 18, 2008, Decided
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Overview: Stockholders' motion to dismiss a corporation's suit alleging breach of contract and fiduciary duty, aiding and abetting breach of fiduciary duty, and tortious interference was granted because collateral estoppel applied. The corporation had an opportunity to litigate its claims in the stockholders' Del. Code Ann. tit. 8, § 220 action against it.
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| Brown v. City of Wilmington Zoning Bd. of Adjustment, C.A. No. 06A-10-005 JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 21, 2008, Decided
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Overview: Zoning Board of Appeals committed legal error by finding unnecessary hardship and granting a use variance to build an office complex on property. Hardship was self-imposed; owner bought land knowing that it was burdened by easement preventing construction of enough residential units, consistent with R-1 zoning, to yield adequate return.
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| Doe v. Green, C.A. No. 06C-04-005 ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 21, 2008, Decided
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Overview: Court granted a new trial to plaintiff minor in a personal injury case in which jury found that defendant, an adult, had engaged in sexual intercourse with plaintiff on numerous occasions because the amount of damages awarded to plaintiff was so grossly out of proportion to plaintiff's psychological injuries that it shocked the judicial conscience.
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| Hoag v. Amex Ins. Co., No. 461, 2007,
SUPREME COURT OF DELAWARE, July 21, 2008, Decided
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Overview: A husband's uninsured motorist claim against an insurer was properly dismissed under Del. Super. Ct. R. Civ. P. 37(b)(2)(C) because his failure to comply with four court orders demonstrated personal responsibility, prejudice to the insurer, a history of dilatoriness, and wilful conduct for which any other sanction would have been ineffective.
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| State v. Warren, I.D. No. 0407015658,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 21, 2008, Decided
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Overview: Defendant's postconviction relief motion was denied because Del. Super. Ct. R. Crim. P. 61(i)(3) barred claims that should have been raised in direct appeal, which were all of the claims except ineffective assistance of counsel claims, and defendant's allegations that his counsel was ineffective were entirely conclusory and unsubstantiated.
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| State v. Williams, I.D. No. 0710019979,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 21, 2008, Decided
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Overview: Defendant's motion to withdraw guilty plea was denied because motion was not properly filed pursuant to Del. Super. Ct. R. Crim. P. 61, defendant failed to establish that she misunderstood her legal rights or that she did not enter her plea knowingly and voluntarily, and there was no evidence suggesting that defense counsel was ineffective.
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