Delaware, June, 2004, State Case law

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State Courts - Delaware - June 25, 2004

Acierno v. Goldstein, Civil Action No. 20056, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 25, 2004, Decided; June 29, 2004, Revised
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Overview: Motion for judgment on pleadings was denied, as adverse claimant did not show estate beneficiaries could prove no set of facts worth relief; their summary judgment motion was denied, as his adverse possession claim involved disputed factual issues.

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Dickens v. State, No. 498, 2003, SUPREME COURT OF DELAWARE, June 25, 2004, Decided
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Overview: Defendant's motion for reargument on his conviction for failure to submit to fingerprinting and photographs was properly denied because motion was untimely under superior court criminal rules where is was not filed within five-day reargument period.

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Han v. Red Lobster, C.A. No. 03A-04-015-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 25, 2004, Decided
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Overview: Unemployment benefits denial was proper; employee did not explain why employer restaurant's failing an inspection (1) was a justifiable cause for him to terminate, or (2) amounted to the employer's termination of him as an employee.

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Ismaaeel v. State, No. 17, 2004, SUPREME COURT OF DELAWARE, June 25, 2004, Decided
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Jackson v. Corporate Landscape Specialists, Inc., C.A. No: 01C-06-240 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 25, 2004, Decided
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Overview: When a mall owner sought indemnification from two contractors for one contractor's employee's injuries, after owner settled employee's claim, material fact issues regarding how each corporate entity contributed to accident precluded summary judgment.

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Long v. Weider Nutrition Group, Inc., C.A. No. 00C-12-249 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 25, 2004, Decided
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Overview: Expert witnesses could testify regarding their opinions of a link between ephedra in a dietary supplement and a decedent's cardiac death, even though there were no epidemiological studies that could demonstrate general and specific causation.

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Loppert v. Windsortech, Inc., Civil Action No. 441-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 25, 2004, Decided
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Overview: Court upheld settlement agreement over services by stockholder to corporation; all essential terms (last being number of stock options and strike price) were decided in eyes of reasonable negotiator and attorneys had apparent authority to settle.

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Mathis v. Del. Document Imaging, C.A. No. 03A-11-005 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 25, 2004, Decided
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Overview: Appeal board properly found that a discharged worker was not eligible for unemployment benefits, because the fact that the worker was late for work 44 times in less than three months constituted just cause for the worker's termination.

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Perrera v. State, No. 488, 2003, SUPREME COURT OF DELAWARE, June 25, 2004, Decided
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Overview: When a motorist failed several field sobriety tests and two portable breathalyzer tests, there was sufficient probable cause for an officer to require her to take an intoxilyzer test, even though she passed one field sobriety test.

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