Delaware, July, 2003, State Case law

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State Courts - Delaware - July 25 - July 28, 2003

Davis v. R.C. Peoples, C.A. No. 01C-11-147-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 25, 2003, Decided
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Overview: Contractor's right to implied indemnification for injured party's negligence claim from subcontractor had not been limited by caselaw. Contractor's claim for implied indemnification depended entirely upon factual circumstances surrounding incident.

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Taylor v. Am. Specialty Retailing Group, Inc., C.A. No. 19239, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 25, 2003, Decided
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Overview: In an appraisal action to value a stockholder's shares following a merger that cashed out those shares, a court adopted the average of two values generated by a discounted cash flow approach analysis and the comparable/guideline companies approach.

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Thomas v. Harford Mut. Ins. Co., C.A. No. 01C-01-046 HDR, SUPERIOR COURT OF DELAWARE, KENT, July 25, 2003, Decided
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Overview: In workers' compensations claimant's suit against insurer and case manager, trial court did not vacate summary judgment for manager consumer fraud claim (there was no sale of services) or negligence claim (there was no fiduciary relationship).

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CMC Heartland Partners v. Jacobson, No. 343, 2003, SUPREME COURT OF DELAWARE, July 28, 2003, Decided
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Muhammad v. State, No. 380, 2002, SUPREME COURT OF DELAWARE, July 28, 2003, Decided
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Overview: Where defendant told a bank teller that he had a gun during a robbery and she saw him fiddling with the bottom of his shirt, but could not see underneath it, there was sufficient evidence to support a finding that he had a deadly weapon.

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Oracle Corp. v. Barone, No. 341, 2003, SUPREME COURT OF DELAWARE, July 28, 2003, Decided
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Williams v. State, No. 11, 2003, SUPREME COURT OF DELAWARE, July 28, 2003, Decided
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Overview: Although defendant had a Sixth Amendment right to effective assistance of counsel, he did not have an absolute right to choose his counsel, and the trial court did not err by appointing a public defender to represent him.

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Zoren v. Genesis Energy, L.P., C.A. No. 19694, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 28, 2003, Decided
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Overview: Where plaintiff's claim did not allege economic injury from a partnership's restructuring but challenged original public offering, a time at which no relationship existed between plaintiff and defendants, defendants' motion to dismiss was granted.

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