Justia Delaware Supreme Court Opinion Summaries

Articles Posted in September, 2012
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In this appeal, the issue before the Supreme Court was whether a contractor's bid was responsive to the Delaware Department of Transportation's (DelDOT) Request for Proposals (RFP). The contractor's bid did not include required paint certifications. In addition, the bid reflected the contractor's plan to use new steel beams, rather than refurbish the existing ones, as required by the RFP. The contractor chose to submit a bid that did not conform to the project specifications. The Supreme Court concluded that the contractor therefore did so at its own risk. DelDOT's decision that the bid was non-responsive was not arbitrary or capricious. Accordingly, the Court affirmed the trial court's entry of summary judgment in DelDOT's favor. View "Julian v. Delaware Dep't. of Transportation" on Justia Law

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The Court of Chancery held that Defendants-Appellants, Americas Mining Corporation (AMC), a subsidiary of Southern Copper Corporation's (Southern Peru) controlling shareholder, and affiliate directors of Southern Peru, breached their fiduciary duty of loyalty to Southern Peru and its minority stockholders by causing Southern Peru to acquire the controller’s 99.15% interest in a Mexican mining company, Minera Mexico, S.A. de C.V., for much more than it was worth (at an unfair price). The Plaintiff challenged the transaction derivatively on behalf of Southern Peru. The Court of Chancery found the trial evidence established that the controlling shareholder through AMC, "extracted a deal that was far better than market" from Southern Peru due to the ineffective operation of a special committee. To remedy the Defendants' breaches of loyalty, the Court of Chancery awarded the difference between the value Southern Peru paid for Minera ($3.7 billion) and the amount the Court of Chancery determined Minera was worth ($2.4 billion). The Court of Chancery awarded damages in the amount of $1.347 billion plus pre- and postjudgment interest, for a total judgment of $2.0316 billion. The Court of Chancery also awarded the Plaintiff's counsel attorneys' fees and expenses in the amount of 15% of the total judgment, which amounts to more than $304 million. Defendants raised five issues on appeal pertaining to their perceived errors at trial, the valuation of the shares and companies involved and the awarding of attorneys fees. Upon review, the Supreme Court determined that all of the Defendants' arguments were without merit. Therefore, the judgment of the Court of Chancery was affirmed. View "Americas Mining Corp. v. Theriault Southern Copper Corp." on Justia Law

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Leslie D. Small appealed his convictions of two counts of First Degree Murder, three counts of Possession of a Deadly Weapon During the Commission of a Felony, First Degree Robbery, and Second Degree Burglary. The trial judge sentenced Small to death. Small made two arguments on appeal: (1) that the judge violated his Fifth Amendment right to remain silent by allowing testimony that Small refused to discuss the crime during his mental evaluation; and (2) that the prosecutor’s characterization of mitigating circumstances as “excuses” jeopardized the fairness and integrity of the penalty hearing. Because the Supreme Court found the prosecutor’s repeated characterization of mitigating evidence as excuses to be plain error, the Court reversed the imposition of the death sentence and remanded the case for a new penalty hearing. View "Small v. Delaware" on Justia Law

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Defendant-Appellant Intel Corporation appealed a Superior Court order granting partial summary judgment in favor of Plaintiff-Appellee American Guarantee & Liability Insurance Co. (AGLI) in a dispute over the interpretation of an excess insurance policy under California law. AGLI sought and obtained a declaration from the Superior Court that AGLI had no duty to reimburse Intel for defense costs or indemnity claims in connection with Intel's defense of various antitrust lawsuits, because the underlying insurance policy limits of $50 million were not exhausted as required by the AGLI policy. Intel read the AGLI Policy to allow Intel to exhaust the limits of its underlying policy with XL Insurance Company by adding Intel's own contributed payments for defense costs to the amount of Intel's settlement with XL. Under Intel’s interpretation, the XL Policy was exhausted and AGLI's duty to defend was triggered. Upon review, the Supreme Court agreed with the Superior Court that AGLI's reading was the only reasonable reading, and accordingly, affirmed. View "Intel Corporation v. American Guarantee & Liability Insurance Co., et al." on Justia Law

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After a first trial, at which a jury convicted the Defendant Dallas Drummond of three crimes, the Supreme Court remanded for a new trial because the Superior Court judge failed to thoroughly inform the defendant about the significance of his decision to waive counsel. During retrial, the trial judge allowed the State to present a record of the testimony given at the first trial. Later, a prosecution witness referenced the defendant's criminal history while responding to a question on cross examination. After being convicted again, Defendant appealed, claiming that reading of the prior testimony, and the witness' reference, were admitted in error and warranted a new trial. Finding no merit to Defendant's argument, the Supreme Court affirmed. View "Drummond v. Delaware" on Justia Law

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Defendant-Appellant Earl Bradley, a former pediatrician, was found guilty of fourteen counts of Rape in the First Degree, five counts of Assault in the Second Degree, and five counts of Sexual Exploitation of a Child for acts of sexual and physical abuse committed against children. He was sentenced to fourteen mandatory life sentences and 164 years at Level V imprisonment for these crimes. Defendant raised two claims in his appeal, both relating to the Superior Court's denial of his motion to suppress evidence seized during the execution of a warrant. Defendant argued that the warrant itself was defective because the affidavit in support of the search warrant application did not allege facts establishing probable cause that the patients' medical files would be found in an outbuilding on the property where he practiced, would be contained in digital format, or would relate to the crimes described in the search warrant application. Defendant also contended that the police exceeded the scope of the search warrant by proceeding with a general search to locate and seize evidence without probable cause. Upon review, the Supreme Court held that the issuing judge had sufficient facts before him to make a practical, common-sense determination that evidence pertaining to the commission of a crime could be found in the patients' medical files, whether in paper or digital format. The Court also held that it was objectively reasonable to conclude that Bradley used the white outbuilding identified in the warrant for medical examinations, and that patient files could be found there. The Supreme Court held that the police acted reasonably in executing the warrant with respect to the evidence that was introduced at Bradley's trial. Accordingly, the Court concluded that Defendant's claims lacked merit and affirmed. View "Bradley v. Delaware" on Justia Law

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A jury convicted Peter Kostyshyn of three crimes. He appealed, claiming that the Superior Court judge erred by finding he forfeited his right to appointed counsel, even though he screamed "You’re an idiot" at one of his attorneys during a court hearing, and then managed to drive off his next attorney by engaging in behavior the Superior Court judge deemed "abusive." Kostyshyn claimed that the Superior Court judge erred by failing to order, sua sponte, a competency hearing, even though the judge conducted lengthy colloquies about all aspects of Kostyshyn’s case. Finally, Kostyshyn argued that the trial judge’s clarifying instruction to the jury constituted an impermissible comment on what facts the jury should find. Finding no merit to any of these arguments, the Supreme Court affirmed the convictions. View "Kostyshyn v. Delaware" on Justia Law