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   State Courts - Delaware - January 28, 2005

  
Bishop v. Trexler, C.A. No. 04A-04-005 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 28, 2005, Decided
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Overview: Claimant tow truck driver was not entitled to receive unemployment benefits because his failure to have a valid driver's license provided his employer with just cause for terminating his employment.

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Kostyshyn v. State, No. 363, 2003, SUPREME COURT OF DELAWARE, January 28, 2005, Decided
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Overview: Where children did not avail themselves of opportunity to schedule hearing on motion to remove administrator, chancery court did not abuse its discretion when it denied the children's motion for failure to pursue the claim and for lack of good cause.

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Luke v. Chesapeake Utils. Corps., C.A. No. 03A-07-003 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 28, 2005, Decided
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Overview: Employee's acts of misappropriating customer payments for himself, established by substantial evidence, constituted just cause for firing within the meaning of Delaware's unemployment insurance statute, disqualifying him from receiving benefits.

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Oliver v. Boston Univ., C.A. No. 16570-NC, COURT OF CHANCERY OF DELAWARE, KENT, January 28, 2005, Decided
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Overview: Where nonprofit university which controlled corporation asserted tort damages cap under Mass. Gen. Laws ch. 231, § 85K, shareholders' claims for breach of fiduciary duty were arguably torts and charitable nature of university's activities was question of fact, but liability limitation directly contravened fundamental Delaware public policies.

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Regis Ins. Co. v. Graves, C.A. No. 04C-03-050 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 28, 2005, Decided
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Overview: Insurer was not required to defend or indemnify insured because policy excluded coverage for assault and battery claims and negligence claims alleged failures that allowed assault and battery to occur and were thus premised on assault and battery.

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State v. Brownell, I.D. No. 0404005780, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 28, 2005, Decided
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Overview: Defendant's motion to suppress was granted, as the State failed to present a sufficient record regarding an inventory search and failed to meet its burden of establishing the seizure comported with federal and state constitutional rights.

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Tenneco Auto., Inc. v. El Paso Corp., C.A. No. 18810-NC, COURT OF CHANCERY OF DELAWARE, KENT, January 28, 2005, Decided
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Overview: In its order in a case involving a confidential settlement agreement, the court redacted dollar amounts, as elimination of the numbers would not have adversely impacted a reader's understanding of the issues addressed and resolved, but disclosure of the numbers, however, might have reasonably been expected to prejudice defendants in other disputes.

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Truluck v. State, C.A. No. 04X-10-017 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 28, 2005, Submitted
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Overview: The First Offender Program statute, Del. Code Ann. tit. 21, § 4177B, did not contemplate that a successful participant was eligible for expungement of his or her record pursuant to Del. Code Ann. tit. 11, § 4372.

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Wisnewski v. Jackman, C.A. NO.: 03C-07-015, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 28, 2005, Decided
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Overview: Motion for summary judgment as to NIED claim was denied because there was evidence that, if presented to a jury, could establish that injured party suffered non-transitory, recurring episodes of nervousness, anxiety, chest tightness, arm and hand shaking, and other mental distress, and injured party was in living room when car crashed into house.

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