Delaware, July, 2004, State Case law

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State Courts - Delaware - July 26 - July 27, 2004

Hudson v. Tyson Foods, C.A. No.: 03A-12-001-THG, SUPERIOR COURT OF DELAWARE, SUSSEX, July 26, 2004, Decided
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Overview: Workers' compensation board was to redetermine (1) if chicken catcher was employee of weigher or processor, or if weigher was employee of processor (so that catcher was also employee of processor), or was independent contractor, and (2) causation.

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In re Delta Holdings, Inc. , C.A. No. 18604, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 26, 2004, Decided
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Overview: A receiver for an insolvent reinsurer was required to provide a directors' and officers' insurance policy that sufficiently covered former directors and officers from contingent contractual claims.

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Johnson v. AIG Ins. Co., C.A. No. 03C-09-222 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 26, 2004, Decided
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Overview: Where an insured obtained insurance through an assigned risk plan and waived UM coverage, there was no business/consumer relationship between the parties and the insured's knowledge of the costs was irrelevant.

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Liborio, L.P. v. Sussex County Planning & Zoning Comm'n, C.A. No. 03A-03-004 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, July 26, 2004, Decided
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Overview: Where a planning and zoning commission repeatedly referred to an owner's land as open space, but changed the space into a building lot without stating the basis for its decision, the matter had to be remanded to create a record for review.

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State v. Dollard, Def. I.D. No. 0104018389, Cr. A. Nos. IN01-05-0878-R1, 0879R1, 0880R1 and 0881 R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 26, 2004, Decided
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Overview: Defendant's ineffective assistance of counsel claim failed because it was procedurally barred. Defendant could not show that the outcome of the trial or the appeal would have been different if defense counsel had raised certain grounds for relief.

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DeSantis v. Chilkotowsky, C.A. No. 02C-12-029 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 27, 2004, Decided
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Overview: As plaintiff knew that defendants had not been served, but she failed to request an enlargement of the time frame in which to make service, she did not establish good cause for her failure to serve defendants within 120 days of filing complaint.

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Johns v. Council of the Del. Ass'n of Prof'l Eng'rs, C.A. No. 03A-07-001 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 27, 2004, Decided
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Overview: An appellate court properly upheld an agency's decision to revoke an engineer's professional engineering license where substantial evidence was provided, via expert testimony and previous reprimands, that the engineer was guilty of gross negligence.

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State v. Morgan, Def. ID # 00189563, SUPERIOR COURT OF DELAWARE, SUSSEX, July 27, 2004, Decided
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Overview: Defendant's third motion for postconviction relief was denied where it was time-barred; it was also barred because some of the issues should have been raised in the trial or the initial postconviction motion, or they were already adjudicated.

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