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| 395 Assocs., LLC v. New Castle County, C.A. No. 05A-01-013 (JRJ),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 19, 2006, Decided
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Overview: Certiorari review of building code violations was limited to the record, barring deciding a review board's jurisdiction to hear an issue not in the record, but the record allowed finding if the board proceeded regularly, and a builder did not waive a statute of limitations defense by not raising it within five days of receiving a violation notice.
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| Boone v. Syab Servs., C.A. No. 05A-12-002 WLW,
SUPERIOR COURT OF DELAWARE, KENT, July 19, 2006, Decided
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Overview: A claimant clearly stated that she had not looked for other employment and would not look for work even if the Delaware Industrial Accident Board found she was physically capable of working. Therefore, the claimant failed to establish she was a displaced worker because the Board's decision was well-reasoned and supported by substantial evidence.
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| Cartwright v. Last Straw, Inc., CA. # 05A-11-008-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 19, 2006, Decided
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Overview: Where the Delaware Unemployment Insurance Appeal Board found that an employee's chronic absences from work after she was warned about the issue were not based on legitimate reasons, its denial of her application for unemployment benefits was proper; substantial evidence supported the decision.
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| General Video Corp. v. Kertesz, C.A.No. 1922-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 19, 2006, Decided , July 19, 2006, Filed
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Overview: The Court of Chancery of Delaware granted a motion to stay proceedings in favor of pending legislation pending in courts in Texas because the court found that the Texas actions were first filed and involved sufficiently similar issues and parties to warrant a stay of the action.
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| Handloff v. City Council of Newark, C.A. No. 05A-07-003 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 19, 2006, Decided
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Overview: When moving to reargue a denied common law certiorari petition, developers could not rely on a court's misapprehending facts a lower tribunal found, as common law certiorari did not re-evaluate the lower tribunal's fact-finding. The developers had to state legal precedent showing the lower tribunal exceeded its powers or made an illegal decision.
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| Mason v. State, No. 468, 2005,
SUPREME COURT OF DELAWARE, July 19, 2006, Decided
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Overview: Even if the State breached its duty to preserve defendant's car as evidence material to the defense, thus warranting a missing evidence instruction, any error in denying said instruction was harmless, as direct testimony that the car door opened only from the inside was undisputed, and there was ample evidence to support his conviction.
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| Lockwood v. Wyatt, C.A. No. 03C-06-043 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, July 20, 2006, Decided
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Overview: Plaintiff's motion for costs was granted as to expert witness's fees, except for time expert spent preparing for trial, which was not reimbursable under Del. Code Ann. tit. 10, §§ 5101 and 8906. Plaintiff's motion was also granted as to cost of doctor's video deposition, but transcript of deposition was duplicative and could not also be reimbursed.
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| Post v. Cook, C.A. No. 05A-11-005 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, July 20, 2006, Decided
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Overview: Where the employee was injured while running 100 feet to the back door of the employer's shop in order to look at a coworker's recreational vehicle, the accident occurred in the course of employment under Del. Code Ann. tit. 19, § 2301(18)(a). This was a minor deviation from the employee's job tasks that fell under the personal comfort doctrine.
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| Rhinehardt v. Bright, C.A. No. 03C-05-005 RBY,
SUPERIOR COURT OF DELAWARE, KENT, July 20, 2006, Decided
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Overview: Delaware Department of Transportation was not entitled to summary judgment in plaintiffs' action alleging, among other things, interference with their right to possess their land. Plaintiffs raised issues of material fact in disputing scope of easement relied upon by Department and in disputing accuracy of land survey relied upon by Department.
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