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| Barrow v. Abramowicz, C.A. No. 04C-01-151,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2006, Decided
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Overview: Trial court denied the doctor and doctor's employers' motion for reargument regarding trial court's ruling that their expert in a medical malpractice case concerning a cancer diagnosis could discuss causation but could not refer to cancer "doubling times;" motion for reargument was meritless because it merely rehashed arguments already decided.
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| Cottman v. Burris Fence Constr., C.A. No. 05A-07-004 WLW,
SUPERIOR COURT OF DELAWARE, KENT, June 30, 2006, Decided
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Overview: Because the Industrial Accident Board clearly and properly accepted the opinion of a doctor that the employee had a temporary exacerbation and had returned to baseline, the employee was not entitled to benefits for permanent impairment based on a reinjury of his back.
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| Crawford v. Gruwell, C.A. No. 04C-02-041-FSS (E-FILED),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2006, Decided
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Overview: Because the injured plaintiffs' unproved allegation about drugs was merely incidental to the damning evidence that the defendant crashed into their vehicle while fleeing the police, the defendant was not entitled to a mistrial or a new trial after the jury returned a verdict in the plaintiffs' favor.
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| Giddens v. Del. Hosp. for the Chronically Ill, C.A. No. 05A-11-004 WLW,
SUPERIOR COURT OF DELAWARE, KENT, June 30, 2006, Decided
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Overview: Employee's appeal of the denial of her application for unemployment insurance benefits was denied, because substantial evidence supported an appeal board's determination that the employee left her employment without good cause, as the employee failed to show that her failure to attend was due to a medical condition.
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| Playtex Prods. v. Evans, C.A. No. 04A-05-001 WLW,
SUPERIOR COURT OF DELAWARE, KENT, June 30, 2006, Decided
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Overview: In light of a physician's opinion, the claimant's testimony, the work required by a workers' compensation claimant's job, and the diagnosis reached by all the physicians involved, the weight of the evidence supported a causal connection between the claimant's initial 1999 work injury and the recurrence of his back complaints in 2002.
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| Shaw-Malachi v. City of Wilmington/Finance, C.A. No. 05A-09-008 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2006, Decided
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Overview: Delaware Unemployment Insurance Appeal Board's decision that a claimant voluntarily resigned from her job and was ineligible for benefits was affirmed. As the claimant was unable to effectively perform a central function of her job, remedial actions were reasonable, and the claimant failed to demonstrate that her work environment was intolerable.
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| State v. Grosvenor, ID No. 0008020754,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 30, 2006, Decided
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Overview: A prisoner's postconviction claim of ineffective assistance of counsel was procedurally barred as untimely. However, it also was barred pursuant to Del. Super. Ct. R. Crim. P. 61(I)(4) because the allegation had been previously addressed by the court in relation to the first postconviction motion.
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| ThoughtWorks, Inc. v. SV Inv. Ptnrs, LLC, C.A. No. 1695-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 30, 2006, Decided , June 30, 2006, Filed
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Overview: A chancery court determined that pursuant to a corporation's charter, it was required to immediately redeem a minority investor's preferred stock with any legally available funds, and that it had to obtain the consent of the preferred holders prior to increasing its bank line of credit.
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| Beneficial Delaware, Inc. v. Waples, C.A. No. 05L-05-006-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 3, 2006, Decided
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Overview: Because a mortgage agreement established a ceiling of five percent of the judgment amount which ultimately would be entered after trial and the lender could not recover attorneys' fees outside of the foreclosure, the requested attorney's fees were unreasonable under Del. Law R. Prof. Conduct 1.5.
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| Crump v. State, No. 72, 2006,
SUPREME COURT OF DELAWARE, July 3, 2006, Decided
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Overview: Trial court properly denied the petitioner's Del. Super. Ct. R. Crim. P. 61 second postconviction motion for relief; his claims stated in it, made 23 years after his guilty plea and sentence were entered, was appropriate for summary disposition as it was untimely, repetitive, and defaulted in the absence of any indication of cause and prejudice.
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