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| In re LNR Prop. Corp. S'Holders Litig., Consolidated C.A. No. 674-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 4, 2005, Decided
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Overview: Under Delaware law, claim that controlling stockholder and others had violated duties of loyalty and good faith in standing on both sides of a cash-out merger required review for entire fairness, not as exercises of business judgment; therefore, although complaint was somewhat skimpy, the action could proceed.
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| In re LNR Prop. Corp. S'holders Litig., Consolidated C.A. No. 674-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 4, 2005, Decided
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Overview: Because complaint alleging violations of fiduciary duties in context of approval of merger that benefited controlling shareholder related to conduct governed by entire fairness standard rather than business judgment rule, allegations that controlling shareholder set up deal from which he benefited survived Del. Ch. Ct. R. 12(b)(6) dismissal motion.
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| Romero v. Career Educ. Corp., Civil Action No. 793-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 4, 2005, Decided
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Overview: Shareholder's filing of derivative action did not mean that she had all the information needed to proceed with it, so she could still bring an action under Del. Code Ann. tit. 8, ¿ 220 to enforce her right to reasonable inspection of corporate books and records.
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| State v. Sloman, No. 511, 2004,
SUPREME COURT OF DELAWARE, November 4, 2005, Decided
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Overview: Implicit in original order that sentenced defendant for DUI was sentencing judge's power to amend that order to ensure the proper functioning of the Treatment Access Center (TASC) program and the administration of justice. When TASC worker successfully sought recommendation for sentence modification, he was acting at direction of sentencing judge.
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| State v. Wilson, ID # 0305001676,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 4, 2005, Decided
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Overview: Trial court denied defendant's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief on his conviction for Reckless Endangering First Degree, as defendant did not show that the trial court imposed an illegal sentence, that his prior counsel provided ineffective assistance of counsel, or that his sentence violated the decision in Blakely.
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| Thorpe v. Thorpe, No. 138, 2005,
SUPREME COURT OF DELAWARE, November 4, 2005, Decided
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Overview: In an action ancillary to the parties' divorce proceeding, a husband's appeal from orders denying him alimony, ordering him to undergo an independent medical examination and vocational evaluation, and ordering him to pay half of the wife's attorney's fees due to his litigious conduct, lacked merit given the ample support for the same.
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