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   State Courts - Delaware - January 26, 2000

  
Bialach v. State, No. 86, 1999, SUPREME COURT OF DELAWARE, January 26, 2000, Decided
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Overview: Reasonable to conclude defendant used force against another person with intent to overcome resistance to taking of property where defendant backed vehicle out of parking space to get away from store manager.

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Byers v. State, No. 503, 1998, SUPREME COURT OF DELAWARE, January 26, 2000, Decided
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Frink v. State, No. 177, 1999, SUPREME COURT OF DELAWARE, January 26, 2000, Decided
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Overview: Robbery first-degree defendant, who struck security guard's face with handcuffs, a dangerous instrument, causing injury, was not entitled to lesser-included offense instruction on assault third-degree.

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Holland v. State, No. 550, 1998, SUPREME COURT OF DELAWARE, January 26, 2000, Decided
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Overview: Co-conspirators' beating of the victim could not be used as an overt act in furtherance of a conspiracy to assault the victim when the defective indictment alleged that only appellant assaulted the victim.

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In re Gaylord Container Corp. Shareholders Litig., Consolidated Civil Action No. 14616, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 26, 2000, Date Decided
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Overview: Summary judgment granted because defensive measures adopted by defendant directors were adopted in good faith, justified, and reasonable in relation to threat posed by the expiration of corporation's dual voting structure.

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Nardi v. Lewis, CA NO. 99A-07-003-NAB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 26, 2000, Decided
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Overview: Agency decisions denying claimant's petition for unemployment benefits and her request for a rehearing were affirmed. The unemployment agency regulations allowed for the hearing to proceed when claimant failed to appear.

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Solomon v. Armstrong, No. 175, 1999, SUPREME COURT OF DELAWARE, January 26, 2000, Decided
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Sowell v. Townsends, Inc., C.A. No. 99A-01-001, SUPERIOR COURT OF DELAWARE, SUSSEX, January 26, 2000, Date Decided
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Overview: Agency's denial of workers' compensation claim for additional benefits was based on substantial evidence and settlement agreement between claimant and employer was unenforceable absent evidence of a meeting of the minds.

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State v. Curry, IK99-07-0244, IK99-07-0245, IK99-07-0246, SUPERIOR COURT OF DELAWARE, KENT, January 26, 2000, Decided
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Overview: Charges were so intertwined court would not sever them, State had met its burden of showing prima facie case, and efforts of family court were not in defendant's interest; thus, motion to transfer to family court was denied.

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Trustees of Arden v. Unity Constr. Co., C.A. No. 15025, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 26, 2000, Decided
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Overview: Summary judgment was granted regarding the corporate veil issue because a question of whether defendant construction company was the alter ego of another company involved no disputed issues of fact; summary judgment was otherwise denied.

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