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   State Courts - Delaware - January 19 - January 23, 2006

  
UniSuper Ltd. v. News Corp., C.A.No. 1699-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 19, 2006, Decided
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Overview: Where corporate defendants' motion to dismiss a breach of contract claim was denied, their request for certification of an interlocutory appeal was granted where a substantial legal issue was raised, a legal right was established by denial of the defense of unenforceability, and appellate review served justice, pursuant to Del. Sup. Ct. R. 42.

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E.I. Dupont Denemours & Co. v. Igwe, No. 436, 2005, SUPREME COURT OF DELAWARE, January 20, 2006, Decided
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Nevins v. Bryan, Civil Action No. 19975-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Where plaintiff sought reargument pursuant to Del. Ch. Ct. R. 59(f) of the court's denial of his motion to stay an order pending resolution on appeal, and the appeal was resolved by an affirmance, the reargument motion was moot; bias was not shown for purposes of recusal of a judge under Del. Judges' Code Jud. Conduct Canon 3(C)(1)(a).

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Radiancy, Inc. v. Azar, C.A.No. 1547-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 23, 2006, Issued
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Overview: Because the former directors were entitled to advancement of legal fees under Del. Code Ann. tit. 8, § 145 insofar as litigation centered around actions taken by them in their corporate capacities, but not for the time that one of them was merely an employee, the former directors were entitled to summary judgment.

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Smith v. Lawson, C.A. No. 01C-12-105 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 23, 2006, Decided
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Overview: Where a jury verdict awarded plaintiffs damages that were less than the uncontroverted evidence of past medical expenses and lost wages, the jury award was clearly inadequate, warranting the granting of plaintiffs' new trial motion on the issue of damages only under Del. Super. Ct. R. Civ. P. 59(a); liability and damages were severable.

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State v. Weston, ID # 0301003687, SUPERIOR COURT OF DELAWARE, SUSSEX, January 23, 2006, Decided
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Overview: An inmate's motion for postconviction relief pursuant to Del. Super. Ct. R. Crim. P. 61 was summarily denied where his claims of ineffective assistance of counsel regarding the inmate's testimony, appellate claims, and prosecutorial misconduct lacked merit and he did not show how the outcome of the trial would have been different.

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