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| Furniture & More, Inc. v. Hollinger, C.A. No. 06A-10-004 JTV,
SUPERIOR COURT OF DELAWARE, KENT, July 31, 2007, Decided
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Overview: Award of liquidated damages under Del. Code Ann. tit. 19, ¿ 2357 was improper because the demand for payment was made when the bill was initially presented to employer, the 30-day default began to run when a default in payment occurred, which was 31 days after receipt, and here, the bill was substantially paid off 21 days after default.
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| Reybold Group v. PSC of Del., C.A. No. 06A-04-005-FSS Consolidated case,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2007, Decided
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Overview: Public service commission, under Public Utilities Act of 1974, Del. Code Ann. tit. 26, ¿ 101 et seq., implemented revised water utility regulation representing reasoned and workable administrative approach to problems caused by expansion costs for new home building; thus, its order adopting regulation was affirmed even if approach was imperfect.
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| State v. Lewis, ID No. 0101002067,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2007, Decided
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Overview: Trial court denied defendant's postconviction relief motion; he did not show he received ineffective assistance of counsel in violation of Del. Const. art. I, ¿ 7 and the Sixth Amendment, as his claim that counsel's shortcomings pressured him to plead guilty was refuted by the record, which proved that he was not pressured to enter guilty plea.
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| State v. Scarborough, [NO NUMBER IN ORIGINAL],
SUPERIOR COURT OF DELAWARE, KENT, July 31, 2007, Decided
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Overview: The court confirmed the imposition of habitual offender status on defendant pursuant to Del. Code Ann. tit. 11, ¿ 4214(a) because the State was not foreclosed from any "option" to seek a declaration of habitual offender status where defendant had no basis for any reasonable misapprehension about the effect of his guilty plea.
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| Thompson v. The Williams Cos., C.A. No. 2716-VCS,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 31, 2007, Decided
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Overview: Parent and subsidiary corporation were awarded judgment in a former employee's claim for an unconditional, unsecured advancement of his legal expenses because the advancement bylaw of the subsidiary corporation vested the subsidiary corporation's directors with the ability to place reasonable conditions on any credit advanced to the employee.
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| Tiller v. Nationwide Mut. Ins. Co., C.A. No. 05C-09-028-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2007, Decided
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Overview: Trial court denied the claimants' motion for choice of law determination alleging that Delaware law applied to their action for underinsured motorist benefits involving a Delaware auto accident between Maryland residents; Maryland law applied since all relevant contacts were in Maryland and no Delaware public policy was implicated.
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| Verizon Del., Inc. v. Laramore, C.A. No. 06C-11-243 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2007, Decided
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Overview: Trial court granted the employee's motion to dismiss the company's complaint claiming it was entitled to reimbursement for workers' compensation benefits paid to the employee; company's complaint filed more than three years after it knew employee obtained settlement sum from a third party was time barred under Del. Code Ann. tit. 10, ¿ 8106.
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| Wilmington Parking Auth. v. New Castle County, C.A. No. 06C-02-158-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2007, Decided
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Overview: Trial court denied city parking authority's claim asserting county had to pay city parking authority for its pro-rata payment to corporation as part of a property sale for taxes corporation had already paid for the full year; city parking authority did not pay tax and tax assessment was for entire year even if tax-exempt entity bought property.
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| Feldman v. Cutaia, C.A. No. 1656-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 1, 2007, Decided
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Overview: Complaint against officers and directors of a corporation and partnerships which acquired the corporation was dismissed because the complaint did not adequately allege the presence of a controlling stockholder, and no equitable exception to the continuous stock ownership requirement of Del. Code Ann. tit. 8, ¿ 327 and Del. Ch. Ct. R. 23.1 applied.
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| Law Debenture Trust Co. v. Petrohawk Energy Corp., C.A. No. 2422-VCS,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 1, 2007, Decided
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Overview: Surviving corporation following a merger was awarded summary judgment in an action brought by an indenture trustee for the specific performance of the redemption of notes because no change of control occurred within the meaning of the indenture for the corporation which issued the notes and did not survive the merger with the surviving corporation.
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