Delaware, July, 2003, State Case law

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State Courts - Delaware - July 10 - July 15, 2003

Charles v. Lizer, Civil Action No. 02C-03-039 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 10, 2003, Decided
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Overview: Statement which defendant gave to insurance company's investigator after an accident was not privileged, and the trial court ordered defendant to give plaintiffs a copy of recorded statements he gave to the investigator or a summary of his statement.

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Peter Schoenfeld Asset Mgmt. LLC v. Shaw, C.A. No. 20087-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 10, 2003, Decided
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Overview: There was no breach of fiduciary duty where a second corporation and its shareholders had no rights under agreements between two other corporations. The primary corporation, as a controlling stockholder, had no duty to sell its shares in a merger.

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Total Care Physicians, P.A. v. O'Hara, C.A. No. 99C-11-201 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 10, 2003, Decided
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Overview: A medical practice bringing a misappropriation of trade secrets case against a physician had to prove by a preponderance of the evidence that its damages would not have occurred but for the solicitation of patients by the physician.

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Dickens v. State, I. D. # 0112001247, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 11, 2003, Decided
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Overview: Pro se defendant failed to show any legal error or lack of credible evidence supporting his conviction of trespassing and related offenses arising out of practice of wandering around closed areas of the governor's office and other state offices.

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House Bill No. 287, [NO NUMBER IN ORIGINAL], SUPREME COURT OF DELAWARE, July 11, 2003, Decided
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Cannon v. State, No. 181, 2003, SUPREME COURT OF DELAWARE, July 14, 2003, Decided
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Johnson v. Eric's Chop Shop, Inc., C.A. No. 00C-10-153 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 14, 2003, Decided
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Overview: A binding contract for the sales of a shop was valid under the statute of frauds. As the contract was breached, the shop owners were entitled to damages from the buyer.

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Charles v. Lizer, Civil Action No. 02C-03-039 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 15, 2003, Decided; July 23, 2003, Decided
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Overview: Trial court decided that although recent legislation provided that chiropractors could give expert causation testimony within scope of chiropractic practice, it did not yet have sufficient information to admit testimony under Daubert rule.

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