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   State Courts - Delaware - January 7 - January 8, 2003

  
Block Fin. Corp. v. Inisoft Corp., C.A. No. 19232-NC, COURT OF CHANCERY OF DELAWARE, KENT, January 7, 2003, Decided
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Overview: Court of chancery dismissed action seeking injunction prohibiting computer software company from interfering with financial services corporation's efforts to implement Internet tax preparation services because corporation had adequate remedy at law.

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Del. State Univ. Chptr. of the Am. Ass'n of Univ. Professors v. Del. State Univ., No. 119, 2002, SUPREME COURT OF DELAWARE, January 7, 2003, Decided
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Overview: When a public employer collective bargaining agreement (CBA) specifically addressed the mechanisms of resolving a specific dispute and that dispute was settled, the State of Delaware Public Employee Relations Board was required to defer to the CBA.

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Lindsey v. State, No. 531, 2002, SUPREME COURT OF DELAWARE, January 7, 2003, Decided
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Overview: Defendant was bound by his knowing and voluntary representations in his guilty plea and the colloquy; therefore, the appeal was without merit, and the trial court did not err in denying the motion for postconviction relief.

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MM Cos. v. Liquid Audio, Inc., No. 606, 2002, SUPREME COURT OF DELAWARE, January 7, 2003, Decided
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Overview: Although a board of directors' defensive actions were undertaken in good faith to prevent a takeover, since they interfered with corporate democracy, they required a showing of compelling justification.

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State v. Frost, I.D. No. 01120009696, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 7, 2003, Decided
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Overview: Although affidavit in support of search warrant contained certain factual inaccuracies, the statements were not considered to be untruthful, within the meaning of Franks, where the inaccurate statements were not directly attributable to the affiant.

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Subolefsky v. Palese, No. 426, 2002, SUPREME COURT OF DELAWARE, January 7, 2003, Decided
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Johnson v. Kelly Servs. Ir., CIVIL ACTION NUMBER 00C-06-115-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 8, 2003, Decided
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Overview: To be a joint tortfeasor release, a document did not have to be titled as such, so long as a party to the settlement admitted tort liability; relief was not available, however, for joint tortfeasors who filed late.

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Smack v. State, No. 174, 2002, SUPREME COURT OF DELAWARE, January 8, 2003, Decided
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Overview: State's motion to affirm defendant's convictions for possession of marijuana was granted, as defendant's appeal was wholly without merit and devoid of any arguably appealable issue, and defendant could not raise a meritorious claim in the appeal.

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State v. M/S Mangalore Ganesh Beedi Works, C.A. No. 01C-07-182 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 8, 2003, Decided
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Overview: Foreign entity's application to set aside a default judgment was denied, as the application was brought by attorney not licensed to practice law within state on behalf of entity that could not itself act pro se, and no state lawyer had been retained.

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Wagner v. Wagner, No. 443, 2002, SUPREME COURT OF DELAWARE, January 8, 2003, Decided
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