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   State Courts - Delaware - February 10 - February 11, 2004

  
Cede & Co. v. JRC Acquisition Corp., Civil Action No. 18648-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 10, 2004, Decided
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Overview: Delaware chancery court relied primarily on discounted cash flow analysis in determining value of stock in a cigar company that was being taken private; limited opportunities for expansion in tobacco industry were an important factor.

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In re Bailey, No. 35, 2004, SUPREME COURT OF DELAWARE, February 10, 2004, Decided
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Guinn v. State, No. 350, 2003, SUPREME COURT OF DELAWARE, February 11, 2004, Decided
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Overview: Trial court did not abuse its discretion by admitting into evidence the purported cocaine that was on defendant's person at the time of his arrest because the State authenticated the drug evidence by chain of custody and by eyewitness identification.

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In re eBay, Inc., S'Holders Litig., C.A. No. 19988-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 11, 2004, Revised
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Overview: Futility of pre-suit demand on corporate directors was shown, as three of seven were sued and fourth's independence was doubtful. Usurping corporate opportunity, accepting gratuity belonging to corporation, and bank's aiding and abetting were stated.

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Jackson v. Ametek, Inc., No. 520, 2003, SUPREME COURT OF DELAWARE, February 11, 2004, Decided
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Lee v. State, No. 354, 2003, SUPREME COURT OF DELAWARE, February 11, 2004, Decided
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Nanticoke Homes v. Miller, No. 522, 2003, SUPREME COURT OF DELAWARE, February 11, 2004, Decided
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Rizzitiello v. McDonald's Corp., C.A. No. 00C-12-027 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 11, 2004, Decided
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Overview: The fact that an employee resigned rather than await the outcome of an employer's investigation barred charges of racial discrimination, wrongful termination, or constructive discharge resulting from alleged falsification of records.

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Saunders v. State, No. 303, 2003, SUPREME COURT OF DELAWARE, February 11, 2004, Decided
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Walker v. Campanelli, C.A. No. 00C-09-146 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 11, 2004, Decided
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Overview: Where all of an injured party's injuries were based upon subjective complaints, it was a credibility issue for the jury that did not provide a basis for a new trial; a driver's expert witness fees were in line with recently awarded fees.

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