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State Courts -
Delaware - January 24, 2007
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Evans v. State, No. 227, 2006,
SUPREME COURT OF DELAWARE, January 24, 2007, Decided
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Overview: Del. Const. art. II, ? 16 acted as a limitation on the power of the legislature, not the judiciary. Thus, defendant's argument that an appellate court opinion violated the "single subject, single title" requirement of the Delaware Constitution was without merit. There was no due process violation arising from the appellate court's opinion.
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Fitzgerald v. Vishay Intertechnology, Inc., No. 363, 2006,
SUPREME COURT OF DELAWARE, January 24, 2007, Decided
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Overview: Non-party's appeal was dismissed, as nonparty generally had no standing to appeal to Delaware Supreme Court and fact that nonparty had interest in outcome of litigation, or participated in proceedings below, was insufficient to confer standing upon him for purposes of appeal. There were no circumstances that justified departing from this principle.
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Reserves Dev. LLC v. Crystal Props., LLC, C.A. No. 05C-11-011-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, January 24, 2007, Decided
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Overview: Seller's motion for partial summary judgment was denied as there were fact issues as to share of development attributed to assignee of buyer, whether landscaper's employment was mutually acceptable, whether contract included work that was seller's exclusive responsibility, and whether retainage was part of billings charged to assignee.
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