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| Hudson v. Am. Mirrex, C. A. No. 07A-10-009 MJB,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 23, 2008, Decided
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Overview: Industrial Accident Board did not commit errors of fact and law in deciding that employee was no longer totally disabled. Board gave specific, relevant reasons for accepting testimony of employer's expert, the reasons articulated by the Board were supported by substantial evidence, and the Board properly relied on results of a Labor Market Survey.
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| In re Buchanan, No. 312, 2008,
SUPREME COURT OF DELAWARE, July 23, 2008, Decided
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| In re Harris, No. 307, 2008,
SUPREME COURT OF DELAWARE, July 23, 2008, Decided
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| State v. Foraker, Case No. 70008668DI,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 23, 2008, Decided
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Overview: Because defendant was actually challenging the underlying conviction, and because he did not allege any error or illegality with the sentence, Del. Super. Ct. R. Crim. P. 35(a) was not the appropriate procedural mechanism for the claims; therefore, defendant's motion for correction of an illegal sentence was denied.
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| Tatum v. Div. of Family Servs., No. 112, 2008,
SUPREME COURT OF DELAWARE, July 23, 2008, Decided
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Overview: Clear and convincing evidence supported a family court's decision to terminate a father's parental rights to his daughter under Del. Code Ann. tit. 13, ¿ 1103(a)(5) on the ground of a failure to plan because the father did not complete his case plan, he visited the daughter sporadically, and the daughter had no relationship with the father.
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| Gattis v. State, No. 628, 2005,
SUPREME COURT OF DELAWARE, July 24, 2008, Decided
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Overview: A death penalty defendant failed to show that Delaware's hybrid form of sentencing--allowing the jury to find him death eligible, then allowing a judge to impose the death penalty--was contrary to U.S. Const. amend. VI; thus, the denial of his postconviction relief motion was not fundamentally unfair under Del. Super. Ct. R. Crim. P. 61(i)(5).
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| TD Ameritrade, Inc. v. McLaughlin, Civil Action No. 3603-CC,
COURT OF CHANCERY OF DELAWARE, SUSSEX, July 24, 2008, Decided
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Overview: Petition for vacatur of an arbitration award finding that an employer, a supervisor, and a brokerage firm were liable for violating the Delaware Consumer Fraud Act was denied because the parties challenging the award showed only that the arbitration panel disagreed with their interpretations of the law, but the award was reduced to treble damages.
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