Justia Delaware Supreme Court Opinion Summaries

Two certified questions came before the Delaware Supreme Court in this case. The questions centered on whether lease provisions for apartments of a public housing authority that restrict when residents, their household members, and guests may carry and possess firearms in the common areas violate the right to keep and bear arms guaranteed by Article I, Section 20 of the Delaware Constitution. The United States Court of Appeals for the Third Circuit found no violation of the Second Amendment or the Delaware Constitution. The certified questions were: (1) whether, under the Delaware Constitution, a public housing agency such as the WHA could adopt a firearms policy; and (2) whether under the Delaware Constitution, a public housing agency could require its residents, household members, and guests to have available for inspection a copy of any permit, license, or other documentation required by state, local, or federal law for the ownership, possession, or transportation of any firearm or other weapon, including a license to carry a concealed weapon. The Delaware court answered both questions in the negative. View "Doe, et al. v. Wilmington Housing Authority, et al." on Justia Law

Appellant John Nichols appealed a final Superior Court judgment affirming the order of the State Coastal Zone Industrial Board granting motions to dismiss filed by appellees Diamond State Generation Partners LLC and the Delaware Department of Natural Resources and Environmental Control in response to Nichols' appeal of the grant of a Coastal Zone industrial permit application. Nichols raised two claims on appeal: (1) the Board's vote on whether Nichols had standing to pursue the appeal failed due to the lack of a five-vote majority; and (2) that he possessed standing under the "any person aggrieved" standard of title 7, section 7007(b) of the Delaware Code, or, in the alternative, as a matter of common law. Upon review, the Supreme Court concluded both of Nichols' arguments lacked merit and therefore affirmed the Superior Court.View "Nichols v. State Coastal Zone Industrial Control Board, et al." on Justia Law

A group of Texas plaintiffs alleged that a corporation exposed two employees to chemicals that caused two of the employees' children to suffer from birth defects. The Superior Court judge excluded expert testimony as irrelevant under Delaware law because it would have been insufficient as a matter of Texas law. The judge did not reach the testimony's reliability under Delaware law. Because the plaintiffs waived their argument that California or Delaware substantive law applied, the Supreme Court affirmed the Superior Court judge's ruling that Texas substantive law applies. But before the Court could address whether a judge may consider substantive sufficiency when analyzing procedural admissibility, the case was remanded for the Superior Court judge to determine in the first instance whether the testimony at issue is excludable on reliability grounds.View "Tumlinson, et al. v. Advanced Micro Devices, Inc." on Justia Law

Employee-appellant, Gary Andreason appealed a Superior Court judgment affirming two Industrial Accident Board decisions. The first decision awarded compensation to Andreason for his work-related knee and right shoulder injuries, but denied compensation for a separate and unrelated lower back injury. The second decision denied Andreason's reargument motion challenging the Board's denial of compensation for his lower back injury. Andreason argued on appeal to the Supreme Court: (1) the Board erred as a matter of law when it determined that there was no implied agreement to compensate him for his lower back injury; (2) that title 19, section 2322(h) does not apply when compensation is paid as the result of a unilateral mistake. The Court concluded all of Andreason's arguments were without merit. View "Andreason v. Royal Pest Control" on Justia Law

This case was one of thirty-two cases filed against defendant-appellee E.I. DuPont de Demours and Company, Inc. (DuPont) by Argentine nationals who claimed they were exposed to asbestos while working in textile plants in Argentina. Plaintiff-appellant Maria Elena Martinez, widow of an Argentine plant worker, alleged her husband suffered injuries from the asbestos exposure. The Superior Court dismissed plaintiff's complaint for inadequate pleading, failing to state a claim, failing to join necessary parties, and for forum non conveniens. Plaintiff appealed to the Delaware Supreme Court, arguing the Superior Court erred in its ruling. Finding no error, the Supreme Court affirmed the Superior Court. View "Martinez, et al. v. E.I. duPont de Nemours & Company, Inc." on Justia Law

Defendant Ramazn Sahin appealed the denial of his application for post-conviction relief. He claimed he received ineffective assistance of counsel at trial. Finding no merit to defendant's claims, the Supreme Court affirmed the denial. View "Sahin v. Delaware" on Justia Law

The Supreme Court held that a trial court judge erred in finding that a state agency complied with the state's Real Property Acquisition Act before it moved to condemn petitioners' property. Accordingly, the trial court's judgment was reversed, the orders vacated and the case remanded with instructions to dismiss the condemnation action without prejudice. View "Lawson v. Department of Transportation" on Justia Law

Defendant-appellant Iziah Ashley appealed his convictions on two counts of Rape in the Second Degree, three counts of Unlawful Sexual Contact with a Child Under the Age of 13, Bribing a Witness, Interfering with a Child Witness, and Conspiracy in the Second Degree. On appeal, defendant argued: (1) the trial court abused its discretion when it denied severance of several claims because a single trial did not serve the judicial economy and caused substantial prejudice to defendant; (2) the trial court abused its discretion and violated Ashley’s right to a fair trial when it refused to grant a mistrial or issue a curative instruction when the State elicited highly prejudicial testimony from the victim’s mother; and, (3) the cumulative impact of all of the errors amounts to plain error. Upon review, the Supreme Court concluded that defendant's claims were without merit. Therefore, the judgments of the Superior Court were affirmed. View "Ashley v. Delaware" on Justia Law

Defendant-appellant Darryl Copper appealed his convictions for Possession with Intent to Deliver Cocaine, Possession of a Firearm During the Commission of a Felony, Carrying a Concealed Deadly Weapon, and Possession of Drug Paraphernalia. Defendant contended he was denied his right to a fair trial by an impartial jury because the jurors heard him say that he was not content with the jury and because one juror heard him say that he wanted to take a plea. Finding Defendant's claims was without merit, the Supreme Court affirmed his convictions. View "Copper v. Delaware" on Justia Law

Plaintiffs-appellants Marlene and Paul Dabaldo, Jr. filed a complaint against nineteen defendants, including defendant-appellee, URS Energy & Construction, f/k/a/ Washington Group International, as successor to Raytheon Constructors, f/k/a/ Catalytic, Inc. and Crane Co. Plaintiffs alleged that Mr. DaBaldo developed pulmonary asbestosis as a result of exposure to asbestos from defendants' companies and sought recovery for those alleged injuries. After the completion of discovery, the defendants moved for summary judgment arguing that the DaBaldos' claims were barred under the two-year statute of limitations applicable to personal injury claims. The Superior Court ruled from the bench that the DaBaldos' claims were time-barred. Plaintiffs argued on appeal that their 2009 complaint was timely filed. The Supreme Court concluded the trial court record supported plaintiffs' assertion. Therefore, the judgment of the Superior Court was reversed. View "Dabaldo v. URS Energy & Construction, et al." on Justia Law