Delaware, July, 2003, State Case law

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State Courts - Delaware - July 7 - July 9, 2003

Austin v. State, No. 93, 2003, SUPREME COURT OF DELAWARE, July 7, 2003, Decided
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Overview: Where there was no evidence that counsel failed to investigate the State's case, failed to consult with defendant, and failed to provide documents for appeal, the trial court properly denied defendant's postconviction relief motion.

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Fitzsimmons v. New Castle County, No. 78, 2003, SUPREME COURT OF DELAWARE, July 7, 2003, Decided
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Overview: Where a property owner owed taxes, failed to pay them, and, inter alia, did not show an assignment of financing statements served as payment of his tax obligation, the trial court properly denied his motion to set aside a tax sale.

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In re Telecomms., Inc. S'holders Litig., CONSOLIDATED C.A. No. 16470-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 7, 2003, Decided
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Overview: Dismissal was granted where shareholders failed show how a company may have aided and abetted corporate directors in breaching of fiduciary duty during a merger and failed to allege facts allowing inference of knowing participation.

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Lyons v. Carroll, No. 698, 2002, SUPREME COURT OF DELAWARE, July 7, 2003, Decided
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Overview: Where the Department of Corrections submitted an inmate's application for transfer to correctional authorities in Virginia and was merely waiting for a response, defendant was not entitled to mandamus and his appeal lacked merit.

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Sanzone v. Air Prods. & Chems. Inc., C.A. No.: 00C-07-068-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 7, 2003, Decided
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Overview: Where the statute of limitations began to run against a woman more than two years prior to her claim against several corporations, she was prevented from proceeding against the corporations long after she knew of her injury and its potential causes.

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Downing v. State, No. 651, 2002, SUPREME COURT OF DELAWARE, July 8, 2003, Decided
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Overview: Defendant's conviction was affirmed, where, to the extent witness's statement contained Brady material, defendant was not prejudiced; defendant had opportunity to review tape containing statement and point out inconsistencies on cross-examination.

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Gotham Ptnrs., L.P. v. Hallwood Realty Ptnrs., L.P., Civil Action No. 15754, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 8, 2003, Decided
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Overview: Control premium was added to damage award where parent of general partner acquired units in publicly-traded limited partnership (LP) without complying with terms of partnership agreement, as acquisition solidified the general partner's control of LP.

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Hawthorne v. Linz Busing, C.A. No. 03A-02-004-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, July 8, 2003, Decided
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Overview: An appeal board properly denied unemployment benefits to a bus driver, because the driver's employment was terminated for just cause, after the driver's negligence caused an accident while the driver was driving a school bus.

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Stonington Partners, Inc. v. Lernout & Hauspie Speech Prods., C.A. No. 18524-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 8, 2003, Decided
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Overview: In fraud case, foreign corporate executive was properly served with process by registered mail under an international convention and a state long-arm statute, damages could be determined without a live hearing, and out-of-pocket damages were awarded.

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Geoffrey H. Bates, Remodeling Contr., Inc. v. Tolton Builders, Inc., No. 123, 2003, SUPREME COURT OF DELAWARE, July 9, 2003, Decided
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