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   State Courts - Delaware - August 20, 2008
  
Miller v. Mattress Warehouse, Inc., C.A. No. 07A-11-002 ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, August 20, 2008, Decided
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Overview: Board's denial of unemployment benefits was affirmed as it was supported by substantial evidence since salesperson's abrupt departure from work in middle of shift, failure to return superior's calls and testimony that salesperson was paid on commission basis precluded her from claiming that she had good cause to quit job.

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Nason Constr., Inc. v. Bear Trap Commer., LLC, C. A. No. 07L-02-014 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, August 20, 2008, Decided
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Overview: As it could be inferred that an owner avoided payments to a contractor for a dishonest or improper purpose and that it advanced a frivolous defense, application of Del. Code Ann. tit. 6, ? 3506, was warranted, but because both parties were to blame for not following the change order protocol, the contractor was only awarded a portion of its fees.

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Pac. Ins. Co. v. Liberty Mut. Ins. Co., No. 486, 2007, SUPREME COURT OF DELAWARE, August 20, 2008, Decided
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Overview: An insurer had a duty to defend a railroad company with respect to wrongful death claims because the allegations in the wrongful death complaints were causally connected to the work the company performed. A second insurer also had a duty to defend because the complaints alleged a link between the insured's operations and the company's liability.

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Postorivo v. AG Paintball Holdings, Inc., Consolidated, Civil Action No. 2991-VCP, Civil Action No. 3111-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 20, 2008, Decided
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Overview: Chancery court imposed the sanctions of the disqualification of individual attorneys of the law firm representing the buyers in litigation and an award of attorneys' fees to the sellers in the litigation because the attorneys and the buyers acted inconsistently with the Delaware Rules of Professional Conduct in the inquiry into privileged matters.

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Simmons v. Schafer, C.A. No. S07C-08-023, SUPERIOR COURT OF DELAWARE, SUSSEX, August 20, 2008, Decided
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Overview: Because a tenant did not establish that his vehicle was lawfully or rightfully on a vacant lot or that the landlords did not have any right to move it, and because his complaint did not set forth a demand for the relief that the tenant deemed himself entitled, his complaint was dismissed for failure to comply with Del. Super. Ct. R. Civ. P. 8(a).

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Simmons v. WSFS Bank, C.A. No. S07C-08-022 ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, August 20, 2008, Decided
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Overview: Because a customer only alleged in his amended personal injury complaint that a bank's door, which was normally open, was closed when he fell, pursuant to Del. Super. Ct. R. Civ. P. 9(b), the amended complaint was insufficient to state a claim of negligence.

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Simmons v. Wachovia Bank, C.A. No. S07C-08-039, SUPERIOR COURT OF DELAWARE, SUSSEX, August 20, 2008, Decided
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Tunney v. Hilliard, C.A. No. 1317-VCN, COURT OF CHANCERY OF DELAWARE, KENT, August 20, 2008, Decided
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Overview: Chancery court determined that the owner and co-owner of a business were to abide by their original agreement and allocate the proceeds from the sale of their business equally because the owner failed to show an oral modification to increase his share of the proceeds, and neither party established his claims in quantum meruit or unjust enrichment.

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