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State Courts -
Delaware - January 13 - January 14, 2009
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State Farm Fire & Cas. Ins. Co. v. Laborers Eastern Org. Fund, C.A. No. 07C-12-156-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 13, 2009, Decided
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Overview: Because a company did not establish why its failure to notify the correct insurer was excusable neglect as opposed to mere neglect, and because it did not explain why, after learning that it was in default on two separate occasions, it failed to timely respond to the complaint, it was not entitled to Del. Super. Ct. R. Civ. P. 60(b)(1) relief.
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State v. Crawley, I.D. # 0512021018,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 14, 2009, Decided
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Overview: Because defendant's due process, illegal search, evidentiary error, and ineffective assistance claims were not raised on appeal, conclusory, or had no basis in fact or in law, and because defendant failed to demonstrate cause or prejudice, he was not entitled to postconviction relief under Del. Super. Ct. R. Crim. P. 61(i)(3), (i)(4), (i)(5).
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