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State Courts -
Delaware - January 8, 2007
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Kostyshyn v. State, No. 213, 2006,
SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Overview: Because defendant's appeal was wholly without merit and devoid of any arguably appealable issue, and because defendant's counsel properly determined that defendant could not raise a meritorious claim on appeal, pursuant to Del. Sup. Ct. R. 26(c), the judgment was affirmed, and counsel's motion to withdraw was moot.
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Proctor v. Brady, No. 137, 2006,
SUPREME COURT OF DELAWARE, January 8, 2007, Decided
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Overview: Because an inmate did not establish that the attorney general arbitrarily failed or refused to perform a nondiscretionary duty owed to him, the inmate's mandamus petition to compel the attorney general to initiate enforcement proceedings under the State Freedom of Information Act, Del. Code Ann. tit. 29, ¿¿10005 (2003), was properly denied.
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Tenneco Auto., Inc. v. El Paso Corp., C.A. No. 18810-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 8, 2007, Decided
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Overview: Plaintiff's claim of tortious interference with contractual relations as to defendant failed, as defendant could not be held liable because it could not be fairly characterized as stranger to relevant insurance policies. Defendant, by virtue of merger of wholly-owned subsidiary with another entity, succeeded to other entity's residual rights.
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