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| Anderson v. Airco, Inc., C.A. No. 02C-12-091 HdR,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2004, Decided
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Overview: Federal workplace safety laws did not prevent Delaware worker allegedly injured by toxic exposure from suing manufacturers and distributors under common law theories, although he failed to sufficiently plead reliance element in his fraud count.
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| Ayers v. Quillen, C.A. No. 03C-02-004-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 30, 2004, Decided
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Overview: Given the existence of a material fact issue, a customer's consumer fraud claim against a business and its owner was allowed, but her negligence, gross negligence, and Deceptive Trade Practices Act claims were dismissed. As a result, her punitive damages claim was also dismissed, attorney's fees were denied, but compensatory damages were limited.
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| Bordley v. State, No. 482, 2003,
SUPREME COURT OF DELAWARE, June 30, 2004, Decided
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Overview: Trial court properly denied defendant's motion for reconsideration of an order denying postconviction relief; the trial court properly found that defendant's claims were either raised or could have been raised in his appeal.
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| Chavin v. PNC Bank, Del., C.A. No. 18366,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 30, 2004, Decided
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Overview: Bank, acting as a trustee, executor, and estate administrator, was entitled to an allowance of fees for actions taken, as they were all duly authorized and were uniformly taken for the purpose of protecting and preserving the trust and estate assets.
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| Cooper v. State, No. 604, 2003,
SUPREME COURT OF DELAWARE, June 30, 2004, Decided
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Overview: Delaware defendant could not show any merit to claim of breach of plea agreement where agreement did not preclude State from making sentencing recommendation and, in any case, recommendation did not prejudice defendant.
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| Interactivecorp v. Vivendi Universal, C.A. No. 20260,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 30, 2004, Decided
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Overview: Partnership agreement's clear provisions entitling a domestic partner to certain distributions to cover its tax liability did not render agreement ambiguous, and foreign partner did not adequately plead the elements of mutual or unilateral mistake.
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| State v. Crews, ID Nos. 0102003697, 0103015609, 0001007373,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2004, Decided
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Overview: Court denied defendant's timely second postconviction relief petition; plea colloquy and truth-in-sentencing form indicated no judicial misconduct, that he freely and voluntarily pleaded, understood penalty, and approved counsel's representation.
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| Yuen v. Gemstar-TV Guide Int'l, Inc., C.A. No. 398-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 30, 2004, Decided
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Overview: Arbitration provisions in agreements executed between a company and its former executives applied to the advancement claims brought by the executives and accordingly, the company's motion to dismiss the executives' action was granted.
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