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| Deene v. Peterman, C.A. No. 1718-VCS,
COURT OF CHANCERY OF DELAWARE, KENT, July 12, 2007, Decided
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Overview: Because a nephew uprooted his family to move onto and take care of a portion of the aunt's property for over three years in exchange for title to a parcel of that property, specific performance of their oral contract with the aunt was not barred by the Statute of Frauds in Del. Code Ann. tit. 6, § 2714(a).
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| Gradient OC Master, Ltd. v. NBC Universal, Inc., Civil Action No. 3021-VCP,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 12, 2007, Decided; July 10, 2007, Ruling orally reported
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Overview: A chancery court denied stockholders' request for a preliminary injunction in their action which challenged exchange offers as part of a corporate restructuring, as the stockholders did not adequately show a reasonable likelihood of success on the merits or that they would suffer irreparable harm if such relief was not granted.
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| McFaul v. Anchor Packing Co., C.A. No. 05C-10-178 ASB,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 12, 2007, Decided
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Overview: A trial court denied summary judgment to a successor to a decedent's employer in a tort action by his widow, arising from his alleged exposure to asbestos-containing products, as it was unclear on the record whether the exclusivity provision of worker's compensation, Del. Code Ann. tit. 19, § 2304, was applicable.
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| Neumeister v. Herzog, C.A. No. 1624-VCS,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 12, 2007, Decided
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Overview: Although the parties cohabited for nearly five years, because the ex-girlfriend's contributions were not used to purchase the property, because she twice eschewed legal ownership of the property, and because Delaware did not recognize a fiduciary relationship between cohabitating couples, no constructive or resulting trust arose.
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| State v. Pauls, CR. A. NO.: IN06-10-2483-R1,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 12, 2007, Decided
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Overview: As an inmate's plea was entered after an extensive colloquy with a trial court, wherein the maximum sentence under Del. Code Ann. tit. 11, § 4205(b)(4) was explained, the inmate's plea was deemed voluntarily, intelligently, and knowingly entered; his postconviction relief motion was summarily dismissed under Del. Super. Ct. R. Crim. P. 61(d)(4).
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| Certain Underwriters at Lloyd's London v. E.I. Dupont De Nemours & Co., C.A. No. 06C-06-185 (JTV),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 16, 2007, Decided
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Overview: Motion for an attorney's admission pro hac vice was granted since Delaware counsel had filed certification required by Del. Super. Ct. R. Civ. P. 90.1, attorney seeking admission had filed certification under Rule 90.1(b), and attorney had not appeared in action in Delaware court in prior twelve months, thereby obviating inquiry under Rule 90.1(g).
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| State v. Miller, CR. A. NO.: IN97-12-0663-R10,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 17, 2007, Decided
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Overview: Defendant's tenth pro se motion for postconviction relief was summarily denied, as such merely amounted to a request for legal advice and guidance, which the court declined to give, and requested counsel when no cause existed to do so. Hence, no relief was granted, and defendant was prohibited from filing further frivolous motions with the court.
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| Urena v. Capano Homes, Inc., No. 655, 2006,
SUPREME COURT OF DELAWARE, July 17, 2007, Decided
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Overview: General contractor was not liable for injuries of employee of independent contractor. When site superintendent noticed problem, he reported to independent contractor and told contractor to correct problem; no contractor employee intervened, provided harnesses to independent contractor's roofers, or required them to wear own harnesses.
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