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| Acierno v. Goldstein, Civil Action No. 20056-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 16, 2005, Decided , November 16, 2005, Filed
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Overview: In dispute over landowners' access to parcel of property entirely surrounded by shopping mall owner's property, percentage of attorney fees were awarded under Del. Code Ann. tit. 10, ¿ 5106, to cover owner's bad faith pursuit of adverse possession claim; owner's interference with express easement required creation of access easement by necessity.
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| Harleysville Ins. Co. v. Church Ins. Co., No. 221, 2005,
SUPREME COURT OF DELAWARE, November 16, 2005, Decided
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Overview: By not determining its insured's rights under a general liability insurer's policy, and by conducting the pre-trial defense of its insured, a second insurer waived its insured's right to a defense by the general liability insurer.
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| Vesta Ins. Group, Inc. v. Newcastle Ptnrs., L.P., No. 562, 2005,
SUPREME COURT OF DELAWARE, November 16, 2005, Submitted , November 16, 2005, Decided
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| Green v. House of Wright Mortuary, Inc., C.A. No. 02C-11-242 MMJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 17, 2005, Decided
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Overview: Motion for summary judgment by a former manager of a cemetery was granted as to claims arising from the improper burial of a decedent, because the manager was immune pursuant to the Delaware Volunteer Immunity Statute, Del. Code Ann. tit. 10, ¿ 8133(b), as he was never compensated for his services.
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| Homestore, Inc. v. Tafeen, No. 233, 2005,
SUPREME COURT OF DELAWARE, November 17, 2005, Decided
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Overview: A corporation was liable to a former officer for advancement as statutorily permitted under Del. Code Ann. tit. 8, ¿ 145(e) since the corporation's bylaws provided the maximum possible protection against personal liability for an officer and its allegations that the former officer wasted and/or concealed assets were found meritless.
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| Lillis v. AT&T Corp., C.A. No. 717-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 17, 2005, Decided
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| P.J. Bale v. Rapuano, No. 243, 2005,
SUPREME COURT OF DELAWARE, November 17, 2005, Decided
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Overview: Applying the American rule, the Vice Chancellor properly denied a buyer's claim for attorneys' fees and costs, finding that while the sellers' claim might not have been a winning one, it was not undertaken with a sufficient degree of bad faith to warrant such an award.
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| Sutherland v. Dardanelle Timber Co., C.A. NO. 671-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 18, 2005, Decided , November 18, 2005, Filed
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Overview: Upon claims of self-dealing by a shareholder against a controlling corporate board member and his brother, the former was allowed inspection of documents, under Del. Code Ann. tit. 8, ¿¿220, relating to the enjoyment of salary and benefits by said members for the period one full fiscal year before the death of the original corporate owner.
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| United Serv. Auto. Ass'n v. Avis Rent-A-Car, Inc., C.A. No. 05C-01-031 JTV,
SUPERIOR COURT OF DELAWARE, KENT, November 18, 2005, Decided
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Overview: Under both Delaware case law and Del. Code Ann. tit. 21, ¿ 6102, car rental company could shift responsibility for liability coverage to driver that rented its car; since policy so provided, and since company and driver both had insurance, driver's insurer was responsible for defending and settling litigation after driver caused accident.
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