Delaware, February, 2002, State Case law

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State Courts - Delaware - February 28, 2002

Brown v. Capital Mgmt. Co., C.A. 99C-10-210 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2002, Decided
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Overview: Court was unable to find that jury verdict was so against evidence that reasonable juror would not have reached conclusions set forth in verdict, nor was verdict against great weight of evidence. Motion for new trial was denied.

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Crowhorn v. Nationwide Mut. Ins. Co., C.A. No. 00C-06-010, SUPERIOR COURT OF DELAWARE, KENT, February 28, 2002, Decided
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Overview: Insured's motion for class certification was denied until discovery completion to permit parties to make sufficient discovery and review documents on class viability. Court denied special discovery master appointment pending further discovery.

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Dalton v. Ford Motor Co., C.A. No. 00C-09-155 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2002, Decided
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Overview: Statute of limitations on breach of warranty actions began when vehicles were purchased, and time of discovery rule did not extend to such claims. Case was time barred. As plaintiffs had no damages, both negligence and fraud claims failed.

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Oliver v. Boston Univ., C.A. No. 16570-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 28, 2002, Decided
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Overview: In suit against former directors, majority, and large shareholders, for direct pre-merger breach of fiduciary loyalty and disclosure duties, court certified class as holders of shares on dates of certain premerger transaction and/or merger.

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Scott v. Clausen & Uiab, C.A. No. 01A-06-003, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2002, Decided
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Overview: State unemployment board failed to address the obligation of an employee who was granted benefits after quitting her job to resolve the problems at work.

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State v. Caliph, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, February 28, 2002, Decided
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State v. Caliph, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, February 28, 2002, Decided
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State v. Denston, ID No. 9711014977, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2002, Decided
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Overview: Contention that plea agreement was not honored when sentencing court failed to impose the State's sentencing recommendation was rejected since plea agreement was not binding.

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State v. Ortiz, ID No. 9607008072, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2002, Decided
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Overview: One of defendant's claims was procedurally barred. Counsel was effective when counsel obtained amendment to indictment in defendant's favor. Jury was properly instructed and properly considered testimony.

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State v. Spell, IK95-10-0190-R1, IK95-10-0191-R1, SUPERIOR COURT OF DELAWARE, KENT, February 28, 2002, Decided
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Overview: Defendant pled guilty knowingly and voluntarily. He failed to show prejudice or that he would not have pled guilty but for his counsel. Counsel's request for continuance was proper. Defendant was not denied his right to allocution.

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