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   State Courts - Delaware - July 25 - July 28, 2008
  
Doran v. Urology Assocs. of S. Del., P.A., C.A. No. 07C-10-116 (MJB), SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 25, 2008, Decided
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Overview: A supplemental affidavit of merit under Del. Code Ann. tit. 18, ? 6853 was sufficient with respect to any claims based upon medical center personnel who operated or assisted in operating a laser during a patient's surgical procedure, but not with respect to any negligence claims against other medical center agents and employees.

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LaPoint v. Amerisourcebergen Corp., C.A. No. 07C-11-152-MJB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 25, 2008, Decided
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Overview: A corporation was granted summary judgment in stockholder representatives' declaratory judgment action to recover attorneys' fees and costs under an indemnification provision contained in a merger agreement. The claim was barred by res judicata and the three year statute of limitations for breach of contract suits, Del. Code Ann. tit. 10, ? 8106.

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Spicer v. Osunkoya, C.A. No. 08C-04-218 (MJB), SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 25, 2008, Decided
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Overview: Because a mother's affidavits of merit failed to set forth the experts' opinions that the negligent acts of a doctor and a health care provider were a proximate cause of her child's injury, pursuant to Del. Code Ann. tit. 18, ? 6853(a)(2), the mother was granted a single 60-day extension for filing any additional affidavits that she might choose.

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Wharton v. State, No. 303, 2008, SUPREME COURT OF DELAWARE, July 25, 2008, Decided
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Andrew & Suzanne Schwartz 2000 Family Trust v. AM Apparel Holdings, Inc., C.A. No. 3172-VCS, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 28, 2008, Decided
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Overview: Summary judgment was denied to a corporation in an appraisal demand compliant brought by minority stockholders under Del. Code Ann. tit. 8, ? 262(d)(2) because the corporation should have informed the stockholders of any need to reiterate their demand for appraisal when the corporation sent out a second information packet due to a merger delay.

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Randall v. Div. of Family Servs., No. 561, 2007, SUPREME COURT OF DELAWARE, July 28, 2008, Decided
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