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   State Courts - Delaware - January 8 - January 9, 2004

  
Christiana Marine Serv. Corp. v. Texaco Fuel & Marine Mktg., C.A. No. 98C-02-217 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 8, 2004, Decided
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Overview: Companies were not entitled to judgment after trial where the record clearly supported jury's finding of promissory estoppel because definite promises were made to a contractor and the contractor reasonably relied on the promises to its detriment.

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In re White, Case No. 0110013949-R1, SUPERIOR COURT OF DELAWARE, SUSSEX, January 8, 2004, Decided
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Overview: Defendant was not entitled to postconviction relief where he did not show that counsel was ineffective for failing to properly cross-examine a witness concerning his prior criminal history or to request a continuance for further investigation.

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Delle Donne & Assocs., LLP v. Millar Elevator Serv. Co., No. 070, 2003, SUPREME COURT OF DELAWARE, January 9, 2004, Decided
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Overview: Elevator installation and maintenance companies were entitled to proportionate indemnity under express terms of maintenance agreement with building owners and managers; post-settlement expenses were recoverable in their entirety.

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Estate of Turner, C.A. No. 20108, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 9, 2004, Decided
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Overview: Chancery court denied a will claimant's and the estate's summary judgment motions, as genuine issues of material fact existed as to the claimant's motion and the court would benefit from development of the facts and law as to the estate's motion.

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Hunter v. First USA/Bank One, C.A. No.: 03A-05-005 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 9, 2004, Decided
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Overview: As an employer most likely never received a copy of an appeal of the denial of unemployment benefits by a worker, it would have been inequitable to dismiss the appeal predicated on the employer's failure to diligently prosecute the appeal.

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Schafferman v. State, No. 395, 2003, SUPREME COURT OF DELAWARE, January 9, 2004, Decided
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Overview: The judgment of a trial court convicting defendant of various offenses was affirmed because defendant's appeal was wholly without merit and devoid of any arguably appealable issue.

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State v. Niffenegger, Def. ID # 0207017106, SUPERIOR COURT OF DELAWARE, SUSSEX, January 9, 2004, Decided
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Overview: State's appeal was dismissed for lack of jurisdiction because it did not meet statutory requirements where there was no certification that suppressed evidence was essential to the case, nor was there an order of dismissal based on that certification.

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