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| Cain v. Villare, C.A. No. 04C-01-179-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 19, 2005, Decided
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Overview: Court allowed patient to discover certain hospital peer review general procedural information in manner that did not violate or cause waiver of the Del. Code Ann. tit. 24, ¿ 1768(b) evidentiary privilege for peer review proceedings. Information included procedures generally used to decide whether to grant or deny surgical privileges to a physician.
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| Chrin v. Ibrix Inc., C.A. No. 20587,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 19, 2005, Decided
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Overview: Trial court granted corporation and corporation co-founder's Del. Ch. Ct. R. 12(b)(6) motion to dismiss regarding terminated employee's initial stock purchase, as even his well-pled facts did not support right to relief; however, that motion was denied as to his claim regarding their repurchase right since firing for "good cause" was at issue.
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| Cole v. State, No. 425, 2004,
SUPREME COURT OF DELAWARE, October 19, 2005, Decided
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Overview: Highest court retained jurisdiction over defendant's appeal of double murder conviction, outlined additional factual findings and legal conclusions that it required trial court to make. Issues included if there was agreement with State under which defendant made statement, its scope, defendant's detrimental reliance, and if State breached it.
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| Reading Int'l, Inc. v. Equip. Leasing Assocs. 1995-VI, L.P., C.A. No. 02C-10-223 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 19, 2005, Decided
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Overview: Because evidence of the actual purchase price a seller paid for computers before it resold them to a buyer was not required for the sales transaction to take place, or for an expert to express an opinion about the fair market value of the property at the time of the transaction at issue, the seller's motion in limine was granted.
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| Sikander v. City of Wilmington, C.A. No. 04C-04-116-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 19, 2005, Decided
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Overview: City was granted certification to appeal two interlocutory orders, which denied it summary judgment and a re-argument, as it presented an exclusive and unsettled issue of law regarding whether the superior court erred in its characterization of the protection set forth in Del. Code Ann. tit. 21, ¿¿4106 (1995) as an immunity rather than a privilege.
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| State v. Cabrera, CRIMINAL ACTION NUMBERS, IN-03-08-1214 IN-03-08-1215, IN-03-08-1216 IN-03-08-2292, ID NO. 0308003826,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 19, 2005, Decided
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Overview: Defendant's motion, under Del. Super. Ct. R. Crim. P. 32(d), to withdraw his guilty pleas to unlawful sexual conduct in the second degree was granted because the court, under Del. Super. Ct. R. Crim. P. 11, found that defendant could present his defense that he lacked intent to commit the crimes as he was sleepwalking at the time of the incidents.
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| Garrison v. Garrison, Nos. 199, 2005,
SUPREME COURT OF DELAWARE, October 20, 2005, Decided
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| Gentile v. Rossette, C.A. No. 20213-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 20, 2005, Decided
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Overview: Shareholders claim that their share value was diluted from majority shareholder's conversion of corporate debt to him at favorable prices was a derivative claim that expired upon the merger as they were not shareholders in corporation after merger and they also did not have standing to pursue that claim against the successor entity.
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| Terex Corp. v. STV USA, Inc., Civil Action No. 1614-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, October 20, 2005, Submitted , October 20, 2005, Decided
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Overview: Plaintiffs' suit involved interpretation of defendant LLC's limited liability agreement and sought dissolution of the LLC. The suit was dismissed because the agreement unequivocally called for arbitration of all disputes arising out of or relating to it and the agreement did not carve out dissolution or other claims from arbitration.
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