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| Deloitte & Touche U.S.A. LLP v. Lamela, Civil Action No. 1542-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 21, 2005, Decided , October 21, 2005, Filed
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Overview: Accountant who brought many clients with him after the collapse of former nationwide firm was bound by restrictive covenant, generally enforceable under Fla. Stat. ch. 542.335, not to take them with him again when he departed, after his second nationwide firm had spent enormous sums to retain him and them.
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| Dolan v. Villages of Clearwater Homeowner's Assoc., C.A. No. 097-S,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 21, 2005, Decided , October 21, 2005, Filed
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Overview: Master's report which found that a homeowners' association properly denied a property owner's request to make alterations to her home was adopted, and judgment was entered in favor of the association, as the association properly interpreted covenants to ensure visual harmony among the houses in the development.
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| Haglid v. Sanchez, C.A. No. 04C-07-192 n11 C.A. No. 05C-04-252 was consolidated with this case per the September 14, 2005, Order of Judge Jurden.,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 21, 2005, Decided
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Overview: A court did not have sufficient facts to enable it to apply the law to the facts, so it was premature for it to enter summary judgment to a car's driver who was in an auto accident. Circumstantial evidence indicated that the driver's story that he fell asleep and that a third-party took keys, drove car, and was in the accident was not credible.
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| Steckel v. State, No. 502, 2005,
SUPREME COURT OF DELAWARE, October 21, 2005, Decided
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Overview: As no automatic stay of execution, even in capital cases, existed because an inmate intended to seek a writ of certiorari in the United States Supreme Court, and the Delaware Supreme Court rejected an inmate's claims on procedural grounds as barred by Del. Super. Ct. R. Crim. P. 61(i)(1) and (2), his motion for a stay of execution was denied.
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| Intellimark, Inc. v. Rowe, C.A. No. 05C-01-086-PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 24, 2005, Decided
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Overview: Because the borrowers did not transact business in Delaware or have contacts with the state other than signing a promissory note with a choice of law provision and one of them being a former officer of the lenders, the court lacked personal jurisdiction under Del. Code Ann tit. 10, § 3104(c)(1) or the Due Process Clause of the Fourteenth Amendment.
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| Smith v. State, No. 313, 2004,
SUPREME COURT OF DELAWARE, October 25, 2005, Decided
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Overview: A detective's affidavit supporting warrant to search defendant's computer for pornography that he showed to his daughter was not defective since she moved out four months before. Magistrate had probable cause to conclude that images were still retrievable even if erased and that the course of conduct was illegal when daughter lived with defendant.
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| State v. Short, Def. ID # 0308021919A,
SUPERIOR COURT OF DELAWARE, SUSSEX, October 25, 2005, Decided
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Overview: Defendant's claim for postconviction relief was denied as four of her five claims were procedurally barred and no prejudice or cause for relief was shown, and her fifth claim alleging the ineffective assistance of counsel failed as the court failed to find how counsel's representation was flawed or faulty.
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| Stratton v. Bayhealth Med. Ctr., C.A. No.: 05A-03-003 ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, October 25, 2005, Decided
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Overview: Board's order terminating benefits to an employee was upheld as sufficient evidence was presented that her torn rotator cuff was not caused by her compensable accident, but upon a violent trauma, and the employer identified a number of jobs that the employee could perform. Hence, she was not totally disabled.
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| Travelers Ins. Co. v. Nationwide Mut. Ins. Co., C.A. No. 20418,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 25, 2005, Decided
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Overview: Because the arbitration panel granted a disputed award to the first insurer, even though the second insurer, having paid out its policy limits, had no possible additional liability to it, the decision was so gravely erroneous under a clear statutory mandate so as to preclude its enforcement.
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