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| Culver v. State, No. 348, 2007,
SUPREME COURT OF DELAWARE, August 5, 2008, Decided
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Overview: It was improper to deny defendant's motion to suppress evidence probation officers found at his home because the officers unlawfully searched the dwelling. They violated Delaware Parole and Procedure 7.19 when they improperly relied on conclusory, inconsistent, and unreliable information that could not sustain a reasonable suspicion for the search.
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| Fed. Ins. Co. v. Hilco Capital, LP, C.A. No. 06-02-248 (JRJ),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 5, 2008, Decided
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Overview: An insurer was granted summary judgment in part in its action seeking a declaration that it was not obligated to provide coverage for a settlement insureds entered into with financial institutions. Under its policy, the insurer did not have a an implied legal duty to negotiate with the institutions, and it had a right to consent to the settlement.
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| Hexion Specialty Chems., Inc. v. Huntsman Corp., C.A. No. 3841-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 5, 2008, Decided
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Overview: Proper course of action was to narrow scope of upcoming trial to eliminate declaration sought in count III, as it was clear task parties were confronting in discovering into and trying other issues on schedule court fixed was more daunting than it appeared in July; narrowing issues for expedited trial would help parties meet existing schedule.
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| State v. Jefferson, ID No. 0604018844 (R1),
SUPERIOR COURT OF DELAWARE, SUSSEX, August 5, 2008, Decided
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Overview: Because defendant did not establish prejudice or an error or omission by counsel in not filing a motion to suppress a cellmate's testimony about defendant's solicitation to have a rape victim killed, which occurred on the morning of a preliminary hearing, defendant's motion for postconviction relief was denied.
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| Sutherland v. Sutherland, C.A. No. 2399-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 5, 2008, Decided
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Overview: In light of all that had happened since the defendants' motion to dismiss was filed, including proceedings relating to the activities of a special litigation committee, the plaintiff was ordered to prepare and file an amended complaint; in the meanwhile, discovery was to proceed apace.
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| Testa v. State, C.A. No. 08A-01-002-JEB,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 5, 2008, Decided
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Overview: The Industrial Accident Board properly found that the claimant, a bus driver who claimed that she was injured when her seat collapsed, had not suffered a work-related accident. No damage was found to the seat; the claimant had not reported an accident, but finished her route; and the claimant had not been forthcoming about previous back pain.
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| In re Sample, No. 234, 2008,
SUPREME COURT OF DELAWARE, August 6, 2008, Decided
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Overview: A prisoner's petition for a writ of prohibition manifestly failed to invoke the original jurisdiction of the state supreme court, which had no jurisdiction to issue a writ of prohibition preventing an individual superior court judge from ruling on the prisoner's postconviction motion.
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