Delaware, June, 2002, State Case law

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State Courts - Delaware - June 27, 2002

Applebaum v. Avaya, Inc., C.A. No. 19342, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 27, 2002, Decided
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Overview: Corporation was not statutorily prohibited from issuing fractional shares to some stockholders but not to others in the same transaction, based on the size of their stock holdings. Stockholders did not always have to be treated equally, just fairly.

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Campbell v. State, No. 388, 2001, SUPREME COURT OF DELAWARE, June 27, 2002, Decided
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Overview: There was sufficient evidence of possession to convict defendant of two cocaine possession offenses where an officer witnessed defendant toss an object away that was later found to contain crack cocaine.

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Comrie v. Enterasys Networks, C.A. No. 19254, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 27, 2002, Decided
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Overview: The subsidiary, as the issuing company of the original options, might have been a necessary party to the litigation; the former owners' interpretation of the agreement guaranteed them equivalent shares or cash.

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Dickens v. Costello, C.A. No. 97C-06-063 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 27, 2002, Decided
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Overview: As there was factual dispute regarding whether officers participated in alleged assault, summary judgment was improper and was denied. Where officer acknowledged involvement in the incident, motion to amend complaint to add him as party was granted.

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Hanley v. City of Wilmington Zoning Bd. of Adjustment, C.A. No. 01A-07-007 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 27, 2002, Decided
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Overview: A liquor store owner was properly granted a use variance for a commercial entity in a residential area because any rent he could have collected would have been less than the mortgage and the variance grant was reflective of community sentiment.

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In re Infinity Broad. Corp. S'holders Litig., No. 594, 2001 and 595, 2001 Consolidated, SUPREME COURT OF DELAWARE, June 27, 2002, Decided
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Overview: Claim that merging corporations' settlement with shareholders undervalued price of acquired corporation's stock failed. Despite early negative reaction by acquiring corporation's stock, it made tender offer assuming that its value would prosper.

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In re Sullivan, No. 116, 2002, SUPREME COURT OF DELAWARE, June 27, 2002, Decided
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Overview: Evidence that Delaware attorney had overcome the mental problems that led to his suspension was sufficient to support reinstatement subject to conditions including adequate insurance and re-affirming a debt to a client.

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Int'l Fid. Ins. Co. v. Mattes Elec., C.A. No. 99C-10-065 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 27, 2002, Decided
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Overview: The economic loss doctrine barred recovery by a surety company which alleged negligence against a construction contract manager, where the only injury was purely economic and where no exceptions, such as negligent misrepresentation, applied.

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Johnson v. State, C.A. No. 02X-04-008, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 27, 2002, Decided
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Overview: A petition for expungement was denied as to certain arrests, because the arrests in question were adjudicated in family court, and the superior court therefore lacked jurisdiction to consider the expungement of those arrests.

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Johnson v. State, C. A. No. 02X-04-008, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 27, 2002, Decided
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Overview: As defendant's arrests, which resulted in convictions could not be expunged, expungement was only permitted for driving without valid license charge, as it did not result in conviction; trial court had authority to expunge motor vehicle offenses.

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