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   State Courts - Delaware - January 27 - January 30, 2009

  
Gantler v. Stephens, No. 132, 2008, SUPREME COURT OF DELAWARE, January 27, 2009, Decided
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Overview: Dismissal was reversed; shareholders' allegations of disloyalty rebutted business judgment rule presumption, and officers and directors owed duty of care and loyalty. Scope of shareholder ratification doctrine was limited to circumstance where informed shareholder vote approved director act that did not require shareholder approval to be effective.

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McCloskey v. State, No. 90, 2008, SUPREME COURT OF DELAWARE, January 27, 2009, Decided
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Overview: Because there was no ruling on the admissibility of a letter in defendant's first trial, it was properly admitted in his second trial after being authenticated by the recipient; there was no evidence that a witness gave false testimony, or that the State knowingly suborned perjury.

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Brittingham v. State, No. 396, 2008, SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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Brown v. State, No. 437, 2008, SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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Hackett v. State, No. 463, 2008, SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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Roberts v. Delmarva Power & Light Co., CONSOLIDATED CASE C.A. No: 05C-09-015 (RBY), SUPERIOR COURT OF DELAWARE, KENT, January 30, 2009, Decided
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Overview: Agency of both Delaware and New Jersey was entitled to agency treatment, including application of Del. Code tit. 2, § 708, because finding of liability on its part required Delaware to bear brunt of recovery and agency's financial autonomy was not complete bar to tort immunity. Insufficient evidence prevented a finding of negligence.

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Scott v. Scott, No. 331, 2008, SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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Shepherd v. State, No. 189, 2008, SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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Overview: Denial of postconviction relief motion was proper because, inter alia, affidavit stating that officer took custody of inmate from state police and took him to hospital where he ran out of bathroom door was sufficient to support charge of second degree escape, Del. Code Ann. tit. 11, § 1252, and counsel was not ineffective for not moving to dismiss.

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Westgate v. Laumbach, No. 480, 2008, SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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Overview: Because a Quonset hut on the neighbors' property, their expanded driveway, welding, sandblasting, spray painting, and the accumulated debris on their property clearly violated the restrictive covenants governing the parties' subdivision, pursuant to Del. Sup. Ct. R. 25(a), the neighbors' appeal of an order in the owners' favor lacked merit.

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Xing v. Smith, No. 304, 2008, SUPREME COURT OF DELAWARE, January 30, 2009, Decided
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