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| Bebchuk v. CA, Inc., C.A.NO. 2145-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 22, 2006, Decided
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Overview: Stockholder's action seeking a declaration that a proposed bylaw for a corporation was valid under state law was denied because the question was not ripe for decision, as the key event necessary to vest jurisdiction in the court was the adoption of the proposed bylaw and the court found that this event might never occur.
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| Collins v. Figueira, C.A. No: 04C-06-009 (RBY),
SUPERIOR COURT OF DELAWARE, KENT, June 23, 2006, Decided
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Overview: Arrestee's § 1983 claims against a town and a police chief were dismissed because the arrestee had not alleged a town policy or custom that caused her to suffer a violation of her civil rights and because she had not proffered any facts supporting a causal link between the alleged negligence of the town and the chief and her injuries.
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| Hunter v. Dairyland Ins. Co., C.A. No.: 05C-08-088 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 23, 2006, Decided
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Overview: Plaintiffs could not claim coverage under policy that had been cancelled after notice of cancellation under Del. Code Ann. tit. 18, § 3905(e) was sent to insured that did not contain notice of right to hearing before Delaware Insurance Commissioner. Insured had no right to hearing as policy was cancelled for nonpayment of premiums.
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| Newman v. Newman, No. 29, 2006,
SUPREME COURT OF DELAWARE, June 23, 2006, Decided
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Overview: Because a family court considered all of the statutory factors stated in Del. Code Ann. tit. 13, § 1513(a) when it determined the fairest division of the marital estate, including the parties' relative monthly expenses and the award of alimony to the wife, the family court's decision was not arbitrary or capricious.
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| Ramunno v. Capano, C.A. No. 18798-NC,
COURT OF CHANCERY OF DELAWARE, KENT, June 23, 2006, Decided , June 23, 2006, Filed
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Overview: Given the nature of the parties' merger, the prejudgment interest rate was determined by a combination of the legal rate as it had varied from time to time since the merger; the court was guided, however, by the parties' choice of simple interest.
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| Republic of Pan. v. Am. Tobacco Co., C.A. No. 05C-07-181-RRC, C.A. No. 05C-07-180-RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 23, 2006, Decided
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Overview: Civil suit against tobacco manufacturers brought by the foreign governments of Panama and Brazil seeking reimbursement for medical expenses incurred in treating their citizens for illnesses allegedly resulting from the use of tobacco products was dismissed under Del. Super. Ct. R. Civ. P. 12(b)(6) since proximate cause was far too remote.
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| State v. Jones, I.D. # 0508025872,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 23, 2006, Decided
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Overview: A summary dismissal pursuant to Del. Super. Ct. R. Crim. P. 61(d)(4) was proper as to an inmate's motion for postconviction relief where he offered no facts or legal authorities to support the grounds that he asserted to support his request for relief, and his claims were conclusory.
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| Grosvenor v. State, No. 61, 2006,
SUPREME COURT OF DELAWARE, June 26, 2006, Decided
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Overview: Superior court's denial of defendant's second postconviction motion was affirmed because his claim regarding the lack of an arraignment was procedurally barred, under Del. Super. Ct. R. Crim. P. 61(i)(2), as he failed to raise it in his first postconviction motion. Further, defendant did receive ineffective assistance regarding his guilty plea.
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| Wiggins v. State, No. 592, 2005,
SUPREME COURT OF DELAWARE, June 26, 2006, Decided
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Overview: Giving a lesser-included jury charge was correct, as assault in first degree was included in attempted murder under Del. Code Ann. tit. 11, § 206(b), and rational basis for jury charge existed as victim was shot in his extremities, not in vital areas, no intent to kill was shown, and shooting happened during general melee that was a barroom brawl.
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