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   State Courts - Delaware - January 18, 2006

  
Ayers v. State, No. 134, 2005, SUPREME COURT OF DELAWARE, January 18, 2006, Decided
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Bodnari v. State, No. 160, 2005, SUPREME COURT OF DELAWARE, January 18, 2006, Decided
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Candlewood Timber Group LLC v. Pan Am Energy LLC, C.A. No. 04C-12-139 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 18, 2006, Decided
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Overview: A trial court denied plaintiffs' motion for leave to serve an expert report, which was in essence a request to modify the court's scheduling order pursuant to Del. Super. Ct. R. Civ. P. 16(b), as good cause was not shown where the request was made three months after the order deadline and defendant would have suffered prejudice.

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Caudill v. Sinex Pools, Inc., C.A. No. 04C-10-090 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 18, 2006, Decided
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Overview: Business met criteria for corporation de facto where only thing preventing corporate status was authorization from Secretary of State. Incorporators treated the business as a corporation by, inter alia, establishing bank accounts, obtaining an IRS employer identification number, and filing tax returns in name of the business as a corporation.

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Haskins v. State, No. 456, 2005, SUPREME COURT OF DELAWARE, January 18, 2006, Decided
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Household Bank v. Daniels, C.A. No. 03L-11-007 HDR, SUPERIOR COURT OF DELAWARE, KENT, January 18, 2006, Decided
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Humes v. Charles H. West Farms, Inc., C.A.No. 05C-08-042 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 18, 2006, Decided
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Overview: As the statute of limitations for an ejectment action filed by a group of individuals against a corporation was 20, and not three years, given the corporation's failure to file an answer to the complaint, and that the individuals might have been entitled to possession of the property in dispute, the corporation's motion dismiss was denied.

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O'Neill v. Town of Middletown, C.A. No. 1069-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 18, 2006, Decided , January 18, 2006, Filed
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Overview: Although Del. Code Ann. tit. 29, chs. 91 and 92 and Delaware Transportation Department's enabling legislation did not create private causes of action for rezoning opponents, they could challenge a rezoning as inconsistent with the local comprehensive plan, pursuant to Del. Code Ann. tit. 22, § 702(d).

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Sekscinski v. Harris, C.A. No: 05C-05-004 RBY, SUPERIOR COURT OF DELAWARE, KENT, January 18, 2006, Decided
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Overview: Former girlfriend's Del. Super. Ct. R. Civ. P. 12(b)(6) motion to dismiss was granted on only claim harasser filed against her, for malicious prosecution; the harasser did not provide support for claim that her criminal complaint filed against him was made with malice or without probable cause, or that she had an improper motive for initiating it.

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Squire v. Bd. of Educ. of the Red Clay Consol. Dist., C.A. No. 04A-11-001-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 18, 2006, Decided
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Overview: A county board of education properly accepted a hearing officer's decision to uphold a school district's firing of a library/media specialist for neglect of duty and incompetence, as there was good cause for the termination due to the specialist's performance deficits, and the discharge was procedurally correct.

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