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   State Courts - Delaware - March 14, 2002

  
Alpine Inv. Partners v. LJM2 Capital Mgmt., L.P., C.A. No. 19339-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 14, 2002, Decided
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Overview: Court determined general partner was validly removed as partnership's general partner where, under partnership agreement and Delaware law, delivery of written consents was not required to remove general partner.

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Carter v. Div. of Family Servs., No. 397, 2001, SUPREME COURT OF DELAWARE, March 14, 2002, Decided
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In re Rodriguez, Nos. 186, 1999 and 386, 2001, SUPREME COURT OF DELAWARE, March 14, 2002, Decided
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Overview: The court found the board's recommendation of a four year retroactive suspension of the attorney was appropriate. Any consideration of reinstatement necessarily needed to include consideration of the restitution issue.

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Kilgore v. R.J. Kroener, C.A. No. 00C-08-147 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 14, 2002, Decided
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Overview: As scaffold from which worker fell was owned and installed by subcontractor, and general contractor did not assume active control over subcontractor's compliance with contractually-imposed safety rules, general contractor owed no duty to worker.

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R. v. T., FILE NO. 01-03-06TN, PETITION NO. 01-07650, FAMILY COURT OF DELAWARE, NEW CASTLE, March 14, 2002, Decided
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Overview: Father established that the mother abandoned the child under the intentional abandonment statute and the abandonment without intent statute. It was in the best interests of the child that the mother's parental rights be terminated.

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Savor, Inc. v. FMR Corp., C.A. No. 00C-10-249 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 14, 2002, Decided
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Overview: General references to rebate program would not suffice to state claim for misappropriation, as rebate idea, alone, was not trade secret. Complaint was dismissed for failure to state claim where alleged trade secret was not sufficiently described.

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State v. Cabrera, CRIMINAL ACTION NUMBERS IN-99-04-0314, IN-99-04-0315, IN-99-04-0316, IN-99-04-0317, IN-99-04-0318, IN-99-04-0319, CRIMINAL ACTION NUMBERS IN-99-04-0320, IN-99-04-0321, IN-99-04-0322, IN-99-04-0323, IN-99-04-0324, IN-99-04-0325, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 14, 2002, Decided
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Overview: Death penalty was imposed on two defendants convicted of double murder, where victims were shot in back of head, both defendants had murdered before, jury recommended death, and aggravating circumstances outweighed mitigating circumstances.

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State v. Matthews, C.A. No. 98-02-035, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, March 14, 2002, Decided
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Overview: Where defendant was given a full and fair opportunity to present his motion for relief from a habitual offender judgment, he did not establish that he was entitled to reconsideration due to "excusable neglect."

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Stickney v. Goldstein, Civil Action No. 1997-10-011, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, March 14, 2002, Decided
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Overview: Where defendant directed removal and destruction of plaintiff's property, which was destroyed into scrap metal, the measure of damages was property's value at the time of its conversion, plus interest, and plaintiff was entitled to punitive damages.

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Tim & Assocs. v. Moller, C.A. No. 00-04-0072 AP, COURT OF COMMON PLEAS OF DELAWARE, KENT, March 14, 2002, Decided
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