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State Courts -
Delaware - November 14 - November 15, 2005
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Commonwealth Constr. Co. v. Cornerstone Fellowship Baptist Church, Inc., C.A. No. 04L-10-101 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 14, 2005, Decided
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Overview: Because a church did not show that its late demand for a jury trial under Del. Super. Ct. R. Civ. P. 38 was the product of inadvertence, that the issues were better suited to be heard by a jury, or that the contractor would not be prejudiced, the court declined to exercise its discretion under Del. Super. Ct. R. Civ. P. 39(b) to allow a jury trial.
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Hedenberg v. Raber, C.A. NO. 05C-03-038 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, November 14, 2005, Decided
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Overview: Complaint was dismissed where, while its title listed negligence, the body of the complaint did not contain a negligence count and negligence was not particularly pled. Further, the complaint's allegation of "violation of contract privity" was not a valid action, and the circumstances surrounding fraud allegations were not specifically pled.
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W.L. Gore & Assocs. v. Shen Wu, Civil Action No. 263-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 14, 2005, Decided , November 14, 2005, Filed
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Overview: Employee's motion pursuant to Del. Ch. Ct. R. 59(f) to reargue the court's grant of a temporary restraining order preventing the employee from competing with a former employer was denied, as the court found that it did not misapprehend the facts, and that a noncompetition agreement prevented the worker from working with certain polymers.
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Newcastle Ptnrs., L.P. v. Vesta Ins. Group, Inc., C.A. No. 1485-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 15, 2005, Decided
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Overview: A trial court denied a corporation's motion pursuant to Del. Ch. Ct. R. 60(b) for relief from a prior order, requiring it to hold its annual meeting for the election of directors within 90 days pursuant to Del. Code Ann. tit. 8, ? 211(c), as there was no conflict with requirements under the SEC proxy rules and there was no cause for further delay.
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