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   State Courts - Delaware - January 10 - January 11, 2001

  
Benning v. Wit Capital Group, Inc., C.A. No. 99C-06-157, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 10, 2001, Decided
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Overview: Class certification was denied to internet brokerage customers because class action was not available for common law fraud and negligent misrepresentation claims, conduct did not occur in state, and claims were not typical of proposed class.

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State v. Johnson, Cr.A. No. IN99031333R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 10, 2001, Decided
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Overview: Defendant's motion for postconviction relief was denied where his claims were procedurally barred because he was challenging judgments at different times, and he failed to provide facts to support his allegations.

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State v. Tolson, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 10, 2001, Decided
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Overview: Where counsel appealed defendant's sentence, claim of ineffective assistance of appellate counsel on the basis that counsel did not did not advise defendant of right to appeal his sentence was entirely without merit.

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Vanaman v. Georgetown Town Office, C.A. No. 2078-S, COURT OF CHANCERY OF DELAWARE, KENT, January 10, 2001, Decided
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Overview: Application for preliminary injunction against the disposition of plaintiff's personal property was denied as there was no controversy; the storage facility had already sold the property. Thus, no relief could be granted.

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Conoco Inc. v. E.I. Dupont de Nemours & Co., No. 14, 2001, SUPREME COURT OF DELAWARE, January 11, 2001, Decided
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In re New Valley Corp. Derivative, Consolidated Civil Action No. 17649, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 11, 2001, Date Decided
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Overview: Stockholders' derivative action was not dismissed because extraneous documents did not contradict factual allegations, facts sufficiently disputed entire fairness, and facts indicated that majority of directors were not independent.

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O'Malley v. Boris, Civil Action No. 15735, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 11, 2001, Date Decided
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Overview: Investment firm transferred clients' assets to joint venture. Clients were granted class certification because there were enough potential plaintiffs and common questions of law and fact, and clients were typical and adequate representatives.

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State ex rel. Sec'y of the Dep't of Natural Res. & Envtl. Control v. 51.19 Acres of Land, C.A. No. 00C-06-101, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2001, Decided
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Overview: Because option holder did not exercise its option to buy the property, it had no interest in the property, equitable or otherwise. Thus, option holder had no standing to participate in the condemnation proceeding.

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State v. Dollard, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2001, Decided
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Overview: Pat-down search of defendant was lawful where officer had reasonable and articulable suspicion that defendant had been involved in criminal activity and reasonably believed defendant was armed and dangerous.

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State v. Dollard, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2001, Decided
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Overview: Defendant's pat-down search not based upon reasonable, articulable suspicion that defendant might be armed and dangerous; evidence seized as a result had to be suppressed.

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