Delaware, January, 2005, State Case law

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State Courts - Delaware - January 24 - January 25, 2005

Certainteed Corp. v. Celotex Corp., C.A. No. 471, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 24, 2005, Decided
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Overview: While a buyer's claims involving allegations that seller breached its obligation to perform certain environmental remediation were not time-barred, laches barred buyer from seeking specific performance because buyer acted so slowly in bringing suit.

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Little Switz., Inc. v. Hopper, C. A. No. 590, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 24, 2005, Decided
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Overview: Delaware's one-year statute of limitations period applicable to payment of claims for other benefits arising from employment applied to a former corporate executive's claim for additional compensation as a result of a change in control.

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Pomeranz v. Museum Partners, L.P., C.A. No. 20211, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 24, 2005, Date Decided
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Overview: A motion to dismiss was granted in a case arising from the withdrawal of limited partners because it was time barred; equitable tolling did not apply because plaintiffs were placed on inquiry notice of the withdrawal in 2000 by financial statements.

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State v. Barnett, I.D. NO. 0305010007, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 24, 2005, Decided
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Overview: Defendant's motion for a new trial was denied where he failed to show any prejudice resulting from a juror allegedly speaking about the case with her husband or another juror having been pressured to vote guilty.

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Town of Smyrna v. Kent County Levy Court, C.A. No. 04C-11-047 LAMB, SUPERIOR COURT OF DELAWARE, KENT, January 24, 2005, Decided
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Overview: A town that had annexed land from a neighboring county had the governmental power to construct sewer lines over those annexed lands and to contract with its own county for the treatment of that waste, without the consent of the neighboring county.

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Dennis v. Kingswood Cmty. Ctr., Civil Action No. 04A-03-013 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 25, 2005, Decided
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Overview: There was sufficient evidence to support the Delaware Unemployment Insurance Appeal Board's finding that a claimant voluntarily left work without good cause. The Board's decision was supported by substantial evidence, the testimony of the claimant herself. Denial of benefits pursuant to Del. Code Ann. tit. 19, ? 3301 et seq. was affirmed.

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In re Landis , No. 18, 2005, SUPREME COURT OF DELAWARE, January 25, 2005, Decided
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Overview: Where attorney was suspended from practice of law for three years but was entitled to reinstatement if he satisfied certain terms and conditions for six months, and attorney satisfied those terms and conditions for six months, he was reinstated.

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Lewis v. State, No. 531, 2004, SUPREME COURT OF DELAWARE, January 25, 2005, Decided
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Ortiz v. State, Nos. 494/528, 2003 (Consolidated), SUPREME COURT OF DELAWARE, January 25, 2005, Decided
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Overview: Defendant's conviction and death sentence for his girlfriend's murder were affirmed; voir dire was adequate, admission of videotape and photographic evidence was proper, and the death sentence was rational and not imposed arbitrarily or capriciously.

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