Delaware, February, 2002, State Case law

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State Courts - Delaware - February 11 - February 12, 2002

In re IBP S'holders Litig. v. Tyson Foods, Inc., Consolidated Civil Action No. 18373, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 11, 2002, Decided
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Overview: Equitable remedy of vacatur was denied to corporation that settled its claims, without appeal of orders entered following trial, as corporation voluntarily gave up its statutory right to appeal, without coercion, when it chose to settle.

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Machulas v. Overcamp, No. 602, 2001, SUPREME COURT OF DELAWARE, February 11, 2002, Decided
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Overview: Delaware tenant who failed to appeal initial decision that he could not recover security deposit while ex-wife continued to occupy premises under existing lease could not bring new action seeking deposit return.

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Martin v. Martin, No. 206, 2001, SUPREME COURT OF DELAWARE, February 11, 2002, Decided
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Overview: Custody order was reversed where ordered psychological evaluation of children did not occur, and where trial court failed to address circumstances of father's leaving marital home, his past instability, and past domestic violence.

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Phillips v. State, No. 132, 2001, SUPREME COURT OF DELAWARE, February 11, 2002, Decided
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Overview: Defendant's probation violation hearing was proper, because defendant failed to show that his claims of improper extradition to Delaware or that he never received copies of a capias or a written warrant amounted to plain error.

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State v. Harmon, Def. ID # 9905003270 (R-1), SUPERIOR COURT OF DELAWARE, SUSSEX, February 11, 2002, Decided
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Stevenson v. State, No. 304, 2001, SUPREME COURT OF DELAWARE, February 11, 2002, Decided
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Overview: Defendant was properly sentenced following a conviction of violation of probation; a period of two years remained on a sentence for robbery, and the trial court was within its discretion to re-impose the sentence following the violation.

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Walker v. State, No. 257, 2001, SUPREME COURT OF DELAWARE, February 11, 2002, Decided
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Fritz v. Yeager, No. 79, 2001, SUPREME COURT OF DELAWARE, February 12, 2002, Decided
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Overview: Workman who was injured while using table saw provided by homeowner while renovating house was not injured due to defect in premises and homeowner had no duty to warn workman that using saw without safety guard was dangerous.

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Kirk v. State, No. 508, 2001, SUPREME COURT OF DELAWARE, February 12, 2002, Decided
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Kopicko v. Dep't of Servs. for Children, Youth & Their Families, No. 521, 2000, SUPREME COURT OF DELAWARE, February 12, 2002, Decided
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Overview: State employee who was still in probationary status was entitled to have her claim that she was discharged due to discrimination on basis of non-merit factors reviewed under Delaware Merit System of Personnel Administration.

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