Delaware, January, 2007, State Case law

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State Courts - Delaware - January 31 - February 1, 2007

Breeding v. Hillandale Farms of Del., Inc., C.A. No. 05C-06-049 (JTV), SUPERIOR COURT OF DELAWARE, KENT, January 31, 2007, Decided
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Overview: Neither a worker nor defendants were entitled to summary judgment as to the worker's claim that defendants wrongfully terminated his workers' compensation benefits under Del. Code Ann. tit. 19, ? 2347, as there was an issue of fact as to the date on which an insurance company received a medical bill which was allegedly not timely paid.

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Country Life Homes, Inc. v. Shaffer, C.A. No. 2288-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 31, 2007, Decided
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Overview: As a warranty program agreement (WPA) that required arbitration was entered into later in time than a construction contract (CC) between home purchasers and a builder, the decision rendered by the arbitrator under the WPA was controlling and required confirmation under Del. Code Ann. tit. 10, ? 5713.

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Machulski v. Boudart, C.A. No. 06C-06-0310 (JTV), SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2007, Decided
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Overview: Defendants' motion to dismiss plaintiffs' legal malpractice action was denied, because a factual issue existed as to whether the action was time-barred under Del. Code Ann. tit. 10, ? 8106, as there was uncertainty as to when defendants learned of the alleged malpractice, and whether the discovery rule acted to toll the limitations period.

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Mumford & Miller Concrete, Inc. v. New Castle County, C.A. No. 05C-04-243 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2007, Decided
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Overview: Defendant county was denied summary judgment in plaintiff's breach of contract action, as there were material facts in question as to whether the contract remained in force as written throughout the completion of the project at issue, and issues of quantum meruit and unjust enrichment were not ripe for decision.

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Snyder v. Quicksilver Trucking, C.A. No. 06A-06-003 (JTV), SUPERIOR COURT OF DELAWARE, KENT, January 31, 2007, Decided
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Overview: Delaware Unemployment Insurance Appeal Board did not abuse its discretion under Del. Code Ann. tit. 19, ? 3320 by denying claimant's appeal as it was filed one month late, he received notice of where and when to file an appeal, and he offered no reason for the untimely filing of his appeal or for filing it with the wrong entity.

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State v. Clark, I.D. # 0406018386, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2007, Decided
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Overview: Motion for post-conviction relief was denied as defendant did not receive ineffective assistance of counsel under Sixth Amendment at plea hearing because counsel did not state that defendant was unable to understand plea proceeding due to mental illness. Trial court had psychiatric report finding that defendant understood charges and legal process.

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State v. Comer, ID # 0410023811, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2007, Decided
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Overview: Defendant's motion for judgment of acquittal of felony murder under Del. Code Ann. tit. 11, ??636 was denied as witness testified that she saw defendant running and shooting after car. She did not place other two defendants on street. Person in car's testimony that he was alone in car and did not fire weapon during incident was corroborated.

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State v. Gudzelak, I.D. # 0407020818, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2007, Decided
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Overview: Defendant's motion for post-conviction relief was denied as defendant did not receive ineffective assistance of counsel since counsel advised court that defendant was taking medication for back, but defendant stated that it did not cause him any difficulty in understanding proceedings. He also stated that he freely and voluntarily pleaded guilty.

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Shea v. Matassa, No. 211, 2006, SUPREME COURT OF DELAWARE, February 1, 2007, Decided
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Overview: Trial court properly granted judgment on the pleadings for tavern associates and summary judgment to the social host on claimant's action against all of them for serving alcohol to a person who they allegedly knew would drive while intoxicated; it was up to General Assembly to decide whether to create claims for dram shop or social host liability.

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West v. State, No. 299, 2006, SUPREME COURT OF DELAWARE, February 1, 2007, Decided
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