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State Courts -
Delaware - January 20 - January 22, 2009
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Reybold Venture Group XI-A, LLC v. Atl. Meridian Crossing, LLC, C.A. No. 08C-02-481 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 20, 2009, Decided
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Overview: A counterclaim for breach of fiduciary duty, raised in a superior court dispute over a de facto joint venture, was dismissed because a court of chancery, not a superior court, had exclusive jurisdiction to adjudicate the equitable claim, under Del. Code Ann. tit. 10, ?? 341 and 342, and, thus, affirmative defenses alleging the breach were stricken.
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Webb-Buckingham v. State, I.D. No. 0612020853 PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 22, 2009, Decided
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Overview: Admission of intoxilyzer results in a trial for DUI, Del. Code Ann. tit. 21, ? 4177(a), was proper because, although officer filled out paperwork during 20-minute observation period before testing, the evidence did not reveal lapse in monitoring significant enough that officer could have missed any eating, drinking, smoking, or regurgitation.
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