HOLLAND , Justice : Erin Lowther ("Lowther") was arrested on April 24, 2013, following an altercation with her sister-in-law, Trisha Lowther ("Trisha"). On December 9, 2013, the New Castle County grand jury issued a superseding indictment, charging Lowther with Assault in the Second Degree, Terroristic Threatening and Offensive Touching. On January 16, 2014, a two-day jury trial began. Lowther moved for a judgment of acquittal on the Terroristic Threatening charge. The Superior Court...
HOLLAND , Justice : On December 15, 2011, Stacey L. Thomas (the "Wife") petitioned the Family Court for a divorce from Calvin B. Thomas (the "Husband"), which was granted on February 16, 2012. Thereafter, the Family Court rendered final decisions on several ancillary matters. The Husband raises six issues in this appeal: first, the Family Court erred by not equally dividing the marital property; second, the Family Court erred by determining that the Wife was dependent and therefore entitled...
JACOBS, Justice: I. INTRODUCTION Before us is a dispute about whether coverage exists under certain management liability insurance policies. A bankruptcy trust seeks a determination that those insurance policies cover potential future expenses and liabilities that might arise out of pre-bankruptcy wrongful acts allegedly committed by the insured debtor company's directors and officers. XL Specialty Insurance Company ("XL Specialty") and certain excess insurance carriers, who are the...
JACOBS, Justice: INTRODUCTION By Opinion dated July 22, 2013, this Court ordered the dismissal without prejudice of a condemnation proceeding instituted in the Superior Court by the plaintiff-below/appellee, the State of Delaware Department of Transportation ("DelDOT"), against the defendants-below/appellants, Jack and Mary Ann Lawson (the "Lawsons"). Thereafter, the Lawsons moved in the Superior Court proceeding for an award of litigation expenses and costs, which the Superior Court denied...
JACOBS , Justice : I. INTRODUCTION Plaintiff-below/appellant Eldon Klaassen ("Klaassen") appeals from a Court of Chancery judgment in this proceeding brought under 8 Del. C. 225. The judgment determined that Klaassen is not the de jure chief executive officer ("CEO") of Allegro Development Corporation ("Allegro"). Klaassen claimed that the remaining Allegro directors (collectively, the "Director Defendants"), in removing him as CEO, violated an equitable notice requirement and also...
JACOBS, Justice: I. INTRODUCTION The plaintiff-below/appellant RBC Capital Markets, LLC ("RBC") appeals from a Superior Court judgment dismissing its claims against the defendants-below/appellees U.S. Education Loan Trust IV, LLC (the "Issuer") and Education Loan Trust IV (the "Trust"), (collectively, the "Defendants"). RBC sued the Defendants in the Court of Chancery in 2011. RBC's complaint alleged that the Defendants had been paying excessive fees from the Trust. The court dismissed the...
JACOBS, Justice. I. INTRODUCTION Plaintiff-below/appellant Eldon Klaassen ("Klaassen") appeals from a Court of Chancery judgment in this proceeding brought under 8 Del. C. 225. The judgment determined that Klaassen is not the de jure chief executive officer ("CEO") of Allegro Development Corporation ("Allegro"). Klaassen claimed that the remaining Allegro directors (collectively, the "Director Defendants"), in removing him as CEO, violated an equitable notice requirement and also...
