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   State Courts - Delaware - January 3 - January 6, 2005

  
Granison v. Roizman & Co., Civil Action No. 04A-02-006 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 3, 2005, Decided
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Overview: Since Del. Code Ann. tit. 29, ? 10142(d) (1997) restricted the court's review of a denial of unemployment benefits to whether findings were adequately supported by the evidence, an administrative finding that the employer's witnesses were more credible and that an employee was terminated for insubordination was upheld.

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State v. Daniels, CR.A. No.: IN80-01-0332 R5, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 3, 2005, Decided
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State v. Tolson, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, January 3, 2005, Decided
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Overview: Lyrics allegedly written by defendant referring to drug sales and found near drugs were undated, nonspecific, and few in number, and were inadmissible to show intent. Location where lyrics were found was admissible to show defendant's presence.

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Bankers Trust Co. of Cal., N.A. v. Wilson, C.A. No. 02L-10-122 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 5, 2005, Decided
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Gadow v. Parker, No. 228, 2004, SUPREME COURT OF DELAWARE, January 5, 2005, Decided
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Overview: Delaware tort defendants did not waive limitations defense by failing to argue it at hearing on amended complaint, since they properly raised it in their answer and in a motion to dismiss.

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Southpark Terrace v. Ridley, C.A. No. 02A-11-003-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 5, 2005, Decided
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Overview: Decision by the Delaware Industrial Accident Board that the claimant had not forfeited her workers' compensation award when the employee did not diligently perform home exercises was upheld because the findings were supported by substantial evidence.

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Wilson v. Bankers Trust Co. of Cal., N.A., C.A. No. 03C-06-012 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 5, 2005, Decided
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Overview: In the mortgagor's declaratory judgment action that was separate from the mortgagee's foreclosure action, court denied the mortgagee's motion for summary judgment because there remained genuine issues of material fact regarding whether the mortgagor had complied with the terms of the alleged forbearance agreement by making the required payments.

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Best Drywall, Inc. v. Feeheley, C.A. # 03C-04-005, SUPERIOR COURT OF DELAWARE, SUSSEX, January 6, 2005, Decided
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Overview: Because an employer could have sought claims against its vice-president in the Chancery Court, but didn't, and that matter was dismissed for a failure to prosecute, res judicata applied to said claims as asserted against the vice-president. But, dismissal was not warranted in favor of an enterprise, as it was not a party to the prior action.

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In re United States Cellular Operating Co., Consolidated C.A. No. 18696-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 6, 2005, Decided
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Overview: Because the parties failed to meet their burden of proof regarding the fair value of companies in an appraisal, the court made an independent valuation of the companies to determine the fair value for the companies as of a merger date.

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Jacobson v. Ronsdorf, C.A. No. 518-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 6, 2005, Decided , January 6, 2005, Filed
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Overview: Family corporation and its president could pursue declaratory and injunctive relief, specific performance, and damages in Delaware equity court against brother who refused to relinquish involvement in corporation after being fired.

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