Delaware, January, 2004, State Case law

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State Courts - Delaware - January 29, 2004

Aeroglobal Capital Mgmt., LLC v. Cirrus Indus., C. A. No. 01C-08-089 (CHT), SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 29, 2004, Decided; February 9, 2004, Amended (Cover Sheet Only)
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Overview: Corporation sued for breach of contract and related claims was entitled to summary judgment dismissing them, as the party suing it first breached the contract, relieving the corporation of any obligation to observe the contract or of other liability.

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Bounds v. Delmarva Power & Light Co., C.A. No. 01C-07-028 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 29, 2004, Decided
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Overview: An electric company was not entitled to new trial after jury awarded damages to electrician and his wife for personal injuries because jury instructions regarding workers' compensation and benefit amounts were correct and did not prejudice company.

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Deakyne v. Deakyne, C.A. No. 1511-K, COURT OF CHANCERY OF DELAWARE, KENT, January 29, 2004, Decided
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Overview: In determining the monetary liability of a grandson and his wife to his grandfather for the sale of a residence, which was determined to have been held for the benefit of the grandfather, credits and costs were determined.

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Pantoja v. J.C. Penney Co., C.A. No. 03A-01-001-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 29, 2004, Decided
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Overview: Delaware Industrial Accident Board's decision was reversed and remanded because no substantial evidence supported the Board's finding that an employee's back pain did not result from her prior work injuries.

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Paoletti v. Gouge, C.A. No. 03C-05-039 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 29, 2004, Decided
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Overview: In couple's car accident suit against their insurer and driver and her parents and their insurer (HI), trial court denied parents' insurer's motion to dismiss for failure to state claim; parents had notice of claim within two-year limitations period.

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State v. Mayfield, I.D. No. 30209462DI and 9908025423, Cr. A. Nos. VN94-03-1312 and VN99-09-0642, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 29, 2004, Decided
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Overview: Defendant was not entitled to postconviction relief where he filed motion eight years after judgment of conviction became final; claim he was not given disclosure of evidence at probation violation hearing was barred and unsupported by facts.

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Upshur v. Children's Place, Inc., & Unemployment Ins. Appeal Bd., C.A. No: 03A-06-005 RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 29, 2004, Decided
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Overview: Substantial evidence supported board's finding that unemployment compensation claimant was not fired but quit, thereby disqualifying her from benefits; moreover, she failed to address her concerns about shift change through administrative remedies.

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