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| Hamby v. State, No. 222, 2005,
SUPREME COURT OF DELAWARE, October 31, 2005, Decided
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Overview: Defendant was properly denied postconviction relief, as claims that his guilty plea was coerced due to the ineffective assistance of his counsel lacked merit, he was properly sentenced per his original plea agreement, and his prior felony convictions and probation violations supported a harsher sentence than his co-defendant.
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| Howard v. State, No. 328, 2005,
SUPREME COURT OF DELAWARE, October 31, 2005, Decided
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Overview: Del. Super. Ct. R. Crim. P. 35(b) provided that the trial court would not consider repetitive motions for reduction or modification of sentence. Because defendant had filed five previous motions to modify his sentence, the trial court did not abuse its discretion in denying defendant's most recent motion.
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| Interim Healthcare, Inc. v. Spherion Corp., No. 279, 2005,
SUPREME COURT OF DELAWARE, October 31, 2005, Decided
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| Lurie v. Mont., C.A. No. 01C-11-150 MMJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 31, 2005, Decided
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Overview: Where the injured party was awarded $ 450,000 for her car accident injuries, remittitur to the amount of $ 100,000 was appropriate. The injured party had not sought medical treatment in four years with the exception of one examination. There was no claim for future medical expenses or lost wages. Past medical expenses were $ 13,000.
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| Roache v. Larkin, No. 459, 2005,
SUPREME COURT OF DELAWARE, October 31, 2005, Decided
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| Shintom Co. v. Audiovox Corp., No. 214, 2005,
SUPREME COURT OF DELAWARE, October 31, 2005, Decided
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Overview: Del. Code Ann. tit. 8, ¿ 151(c) did not mandate that all preferred stock confer a right to payment of dividends. Preferred stock was required to have some bona fide preference over other stock. A liquidation preference of preferred stock, without more, was sufficient to create a preferred stock, and the stock was lawfully issued.
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| Tyson Foods v. Hudson, C.A. No. 05A-05-002 RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, October 31, 2005, Submitted
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Overview: Where employer appealed Delaware Industrial Accident Board's determination that employee worked for employer, that was not appealable case decision under Del. Code Ann. tit. 29, ¿ 10102(3). There had not been final adjudication on merits of claim since Board had not ruled on petition to determine additional compensation due against employer.
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| Wharton v. Chancellor Health Care, C.A. No. 04A-09-004 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, October 31, 2005, Decided
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Overview: Because substantial evidence supported the Industrial Accident Board's conclusions that an employee was not credible and failed to prove that pain management treatment was a reasonable and necessary medical treatment for her work accident, the Board properly denied the employee's petition to determine additional workers' compensation due.
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