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| Concord Mall, LLC v. Best Buy Stores, L.P., C. A. No. 02C-09-267 PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 12, 2004, Decided
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Overview: Court entered summary judgment that lessor was entitled to reimbursement by lessees for (1) no state tax on gross rents received (GRT) by lessor, GRT was not substitute for state property tax (PT) that State never had, and (2) pro rata local PT.
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| Gelfman v. Weeden Investors, L.P., Civil Action No. 18519,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 12, 2004, Filed
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Overview: A corporate general partner acted in bad faith by requiring investors who were not managers, directors, or employees of the general partnership to redeem partnership units for less than fair market value while allowing others to redeem over time.
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| Rice v. Herrigan-Ferro, Civil Action No. 401-S,
COURT OF CHANCERY OF DELAWARE, SUSSEX, July 12, 2004, Decided
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Overview: Chancery court denied plaintiffs' motion to reargue dismissal of their case against a corporation's shareholder; based upon plaintiffs' misrepresentations and inactions, it summarized why it did not misapprehend the facts or mistake the law.
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| Wallace v. McKinney Family Ltd. P'ship, Civil Action No. 2295-S,
COURT OF CHANCERY OF DELAWARE, SUSSEX, July 12, 2004, Decided
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| Hercules Inc. v. OneBeacon Am. Ins. Co., C.A. No.: 02C-11-237 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 13, 2004, Decided
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Overview: Excess insurance policies provided, in the context of products liability claims against insured, that there were annual occurrence limits for each year the policies were in effect, as opposed to one occurrence limit for an entire multi-year period.
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| In re MacPherson-Johnson, No. 254,2001,
SUPREME COURT OF DELAWARE, July 13, 2004, Decided
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| Lee v. McLean, C.A. No. 01C-05-169 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 13, 2004, Decided; July 14, 2004, Decided
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Overview: A lawsuit was dismissed, as plaintiff's counsel did not timely respond to defendant's motion to dismiss, based on plaintiff's counsel's representation that he was unable to locate his client, and because counsel was still unable to find his client.
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| Smolka v. Daimlerchrysler Corp., C.A. No. 03A-04-001 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 13, 2004, Decided
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Overview: Industrial Accident Board did not err when it denied the claimant's petition for workers' compensation benefits because he had not timely complied with Del. Code Ann. tit. 19, § 2342 notice requirement; record showed he did not give employer notice he had work-related disease within six months of when he should have recognized that he had it.
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| Tex. Instruments v. Qualcomm Inc., Civil Action No. 20569,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 14, 2004, Decided
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Overview: Although a second company breached a confidentiality provision, it was not a "material" breach; the motions for summary judgment based on unclean hands and causation of damages were denied as premature or in dispute.
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