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| Bonham v. HBW Holdings, Inc., Civil Action No. 820-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, September 20, 2005, Decided
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Overview: At least one of the special circumstances justifying denial of a stay of discovery despite the pendency of a motion to dismiss existed as to each count of plaintiffs' complaint, albeit to varying degrees. The motion did not offer a reasonable expectation of avoiding further litigation over a number of disputes underlying the various counts.
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| Cubbage v. State, No. 168, 2005,
SUPREME COURT OF DELAWARE, September 20, 2005, Decided
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Overview: Defendant's appeal lacked merit under Del. Sup. Ct. R. 25(a) because none of his claims met the cause and prejudice standard of Del. Super. Ct. R. Crim. P. 61(i)(3) or qualified for the exception in Rule 61(i)(5); defendant also failed to show that he was prejudiced by counsel's alleged ineffective assistance.
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| Flowers v. Daimler Chrysler Corp., C.A. No. 04A-12-003 MMJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 20, 2005, Decided
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Overview: Because a hearing officer could reject expert medical opinions that were based in large part on an employee's input and the employee's credibility was irreparably damaged by the fact that she had three different versions of how her injuries came about, the Industrial Accident Board properly denied the employee's petition for workers' compensation.
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| Warwick Park Owners Ass'n v. Sahutsky, C.A. No. 418-S,
COURT OF CHANCERY OF DELAWARE, SUSSEX, September 20, 2005, Decided
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Overview: Restrictive covenants' side lot setback requirements were enforceable and applied to residential owners' garage even though owners obtained county zoning variance. Association did not waive or abandon its right to pre-approve construction of buildings so owners were enjoined from further violations and had to remove foundation that was in side lot.
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| Woods v. Holden, No. 143, 2005,
SUPREME COURT OF DELAWARE, September 20, 2005, Decided
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Overview: Prisoner presented no evidence that charges against him were not facially valid or that trial court lacked jurisdiction to convict and sentence him for felony theft and other offenses. Prisoner's habeas corpus petition was dismissed under Del. Code Ann. tit. 10, § 6902(1) as he claimed only that parole board revoked his good time credits.
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| Wright v. State, No. 39, 2005,
SUPREME COURT OF DELAWARE, September 20, 2005, Decided
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