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   State Courts - Delaware - January 5, 2001

  
Bailey v. City of Wilmington, No. 21, 2000, SUPREME COURT OF DELAWARE, January 5, 2001, Decided
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Overview: Police officer alleged that he had been wrongfully terminated by city. Summary judgment, however, was proper for city when officer's procedural due process claims under state constitution were barred by res judicata.

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D'Aquila v. Tilghman, C. A. No. 99-11-034, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, January 5, 2001, Decided
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Overview: Auto dealership and salesman were found individually liable for breach of warranty where they individually represented to buyer engine had warranty and they did not disclose to buyer fact they were acting in representative capacity.

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Gentile v. SinglePoint Fin., Inc., C.A. No. 17755, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 5, 2001, Decided
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Overview: Former corporate director and officer was not entitled to advancement of attorney's fees and litigation expenses incurred in two lawsuits that related to his claim of stock ownership rather than his former position with corporation.

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In re Freeport-McMoran Sulphur, Inc. Shareholders Litig., CONSOLIDATED C.A. No. 16729, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 5, 2001, Date Decided
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Overview: The pled facts did not establish that entire fairness was the applicable standard of review. The merger would be reviewed under the business judgment standard.

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Louisiana State Employees' Retirement Sys. v. Citrix Sys., Civil Action No. 18298, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 5, 2001, Decided
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Overview: Pursuant to pending federal securities action, motion to stay state action regarding shareholder voting process was denied because state had paramount interest in governance of state corporation. Motion to stay fiduciary duty action granted.

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Mears v. Thomas, Cr.A. No. 1999-07-008, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, January 5, 2001, Decided
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Overview: In a three car pile-up, where the trial court found that the second car was 90 percent responsible for the accident, and the third car was 10 percent responsible, the second car had to pay $ 10,800 of the $ 12,000 awarded to the injured party.

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State of Wisconsin Inv. Bd. v. Peerless Sys. Corp., Civil Action No. 17637, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 5, 2001, Decided
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Overview: In shareholder action alleging breach of fiduciary duty, defendants' motion for rehearing following denial of their motion for summary judgment was denied where they failed to present a new argument or principle of law.

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State v. Laws, ID # 30900552DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 5, 2001, Decided
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Overview: Defendant's second postconviction motion for relief was denied as it was filed more than three years after conviction, and because his claims of ineffective assistance of counsel did not fall into exceptions to limitations period.

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Weaver v. State, Cr.A. No. MN98-04-0421, MN98-04-0422, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 5, 2001, Date Decided
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Overview: Appellant did not have right to appeal where imposition of psychological evaluation as condition of probation was not financial penalty. Incarceration sentence suspended for probation did not reach constitutional threshold allowing for appeal.

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