THIRD CIRCUIT 
CRIMINAL PRACTICE
Jackson v. Danberg
Capital Case • Lethal Injection Protocol • Eighth Amendment Challenge
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The trial court did not err in granting the State summary judgment in this constitutional challenge to Delaware’s death penalty protocol since under the U.S. Supreme Court’s Baze v. Rees, an execution protocol that does not present a substantial risk of serious harm passes constitutional muster. Affirmed.
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DELAWARE SUPREME COURT
BUSINESS LAW
Teachers’ Retirement System of Lousiana v. Pricewaterhouse Coopers, LLP
Derivative Actions • In Pari Delicto • New York Law • Certification
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The issue of in the scope of in pari delicto liability for actions by auditors was certified to the New York Court of Appeals.
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DELAWARE SUPREME COURT
CRIMINAL PRACTICE
Cruz v. State of Delaware
Probation and Parole • Violation Hearing • Due Process • Acquittal • Same Trial Judge
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The trial court did not err in finding defendant in violation of his probation because if a criminal trial results in an acquittal, due process permits the same judge who presided at that criminal trial to consider the same evidence at a subsequent violation of probation hearing involving the same conduct. Affirmed.
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DELAWARE SUPREME COURT
REAL PROPERTY
Thompson v. Lynch
Tenants in Common • Partnerships • Partition • Judicial Estoppel
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Appellants were judicially estopped from contradicting their former position and, after learning the chancellor’s result was not to their liking, claiming that court had no jurisidiction. The Supreme Court affirmed the Court of Chancery.
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DELAWARE SUPERIOR COURT
CIVIL PRACTICE
Maldonado v. Matthews
Service of Process • Out-of-state Defendant • 10 Del.C. § 3104 • Record of Service
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The court denied defendant’s motion to dismiss for ineffective service where plaintiff had created a record of “personal delivery to the addressee” which was satisfactory to the court. Motion to dismiss denied.
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DELAWARE SUPERIOR COURT
INSURANCE LAW
Peak Property & Casualty Ins. Co. v. Speed
Defense and Indemnity • Motor Vehicle Accident • Insured • Permissive Use
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The court granted the plaintiff insurer summary judgment in this declaratory judgment action where defendants failed to rebut the testimony that plaintiff’s insured did not give the driver permission to drive her vehicle. Motion for summary judgment granted.
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