Delaware, February, 2005, State Case law

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State Courts - Delaware - February 4, 2005

Alstom Power, Inc. v. Duke, C.A. No. 04C-02-275-CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 4, 2005, Decided
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Benihana of Tokyo, Inc. v. Benihana, Inc., Civil Action No. 550-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 4, 2005, Decided
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Overview: Personal jurisdiction based on a conspiracy theory was established under Del. Code Ann. tit. 10, ? 3104(c)(1) over non-residents in a corporation's declaratory judgment action against a franchise and various directors because the corporation made a prima facie showing of a conspiracy to defraud with regard to attempting to dilute its voting power.

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Gibbs v. State, No. 612, 2003, SUPREME COURT OF DELAWARE, February 4, 2005, Decided
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Overview: Defendant was properly: convicted of escape after conviction, adjudged guilty of a probation violation, sentenced as a habitual offender, and denied a new trial. Further, he retained a remedy to address his ineffective assistance of counsel claims.

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In re Plains Res., Inc. S'holders Litig., C.A. No. 071-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 4, 2005, Filed
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Overview: Trial court, after considering the increase in benefits that shareholders received after they commenced litigation against the corporate directors, determined an award of attorneys fees that fairly compensated the shareholders' counsel.

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In re Walt Disney Co. Derivative Litig, Civil Action No. 15452, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 4, 2005, Decided
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Interim Healthcare v. Spherion Corp., C.A.No. 00C-09-180-JRS (consolidated), SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 4, 2005, Decided
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Overview: In a suit against a seller for breach of the parties' agreement for the sale of healthcare company, the seller did not breach a promise in the agreement in a manner that materially affected the healthcare company's value at the time of the sale.

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Murphy v. Bayhealth, Inc., C.A. No. 03C-07-028 HdR, SUPERIOR COURT OF DELAWARE, KENT, February 4, 2005, Decided
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Overview: Trial court properly denied summary judgment pursuant to Del. Super. Ct. R. Civ. P. 56(c) to a medical group in a medical malpractice action; there was a triable issue of fact as to whether doctors who allegedly failed to diagnose a patient's medical condition were acting as agents of the medical group when the alleged malpractice occurred.

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State v. Mattison, ID # 0403020073, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 4, 2005, Decided
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Overview: Motion to suppress statements was granted because a detective failed to comply with the procedural safeguards required by Miranda when he interrogated defendant to elicit an incriminating response; there was not a sufficient break in the chain of questioning allowing the mid-interrogation Miranda warnings to cure the first statement.

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W.R. Berkley Corp. v. Hall, C.A. No. 03C-12-146 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 4, 2005, Decided
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Overview: A former employer was entitled to recapture stock options paid to an employee who left shortly after receiving the financial gain, because the agreement was unambiguous and required recapture upon leaving within six months of exercising the option.

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