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   State Courts - Delaware - February 7 - February 9, 2005

  
Belanger v. Fab Indus., Inc., Civil Action No. 054-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 7, 2005, Decided
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Cede & Co. v. Joule Inc., Civil Action No. 696-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 7, 2005, Decided
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Overview: A corporation that was a party to a company's lawsuit lacked standing to object to a subpoena for documents from a non-party where the corporation's attorney-client privilege was not implicated and any potentially privileged material could be redacted. Del. Ch. Ct. R. 45(c)(3)(B)(ii) did not apply, as the documents related to the litigation.

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In re Baker Trust Agreement, C.A. No. 20455, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 7, 2005, Decided
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Overview: Trustee did not act in bad faith, act unreasonably, or exceed its discretion in exercising its authority under trust to make discretionary payments to adoptive father in form of legal expenses incurred in litigation under which legitimacy of his appointment of expected remainderman of trust was questioned. Nothing in trust prohibited this.

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Katz v. Kronenberg, No. 390, 2004, SUPREME COURT OF DELAWARE, February 7, 2005, Decided
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Philhower v. State, Supreme Court Case No. 442, 2004, SUPERIOR COURT OF DELAWARE, SUSSEX, February 7, 2005, Decided
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Overview: Where defendant and court engaged in colloquy, revealing that defendant was fully aware of pitfalls, disadvantages, and potential consequence of self-representation, court concluded that defendant knowingly, intelligently, and voluntarily expressed his desire to waive right to an attorney on appeal and to invoke his right of self-representation.

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Quarles v. Citicorp Trust Bank, No. 431, 2004, SUPREME COURT OF DELAWARE, February 7, 2005, Decided
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Overview: An order granting a creditor a writ of possession against a debtor was affirmed on appeal where the debtor failed to obtain a stay of a judgment dismissing her bankruptcy petition and otherwise waived any defense to the foreclosure of her home.

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Bristow v. Del. Bd. of Examiners in Optometry, C.A. No. 20241, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 8, 2005, Decided , February 8, 2005, Filed
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Overview: Evidence that an optometrist shared an address, office space, and entrance with a commercial optician and engaged in mutual advertising and marketing strategies with the optician supported the Delaware Board of Examiners in Optometry's decision the optometrist violated Del. Code Ann. tit. 24, ?? 2113(a)(5) and 2113(a)(6).

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Coleman v. PricewaterhouseCoopers LLC, C.A. No. 03C-02-137 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 8, 2005, Decided
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Overview: Where an accounting firm was not a party to a contract of sale between the sellers and the firm's client, rescissory-type damages were not available to the sellers under a claim for negligent misrepresentation; consequently, the firm's motion to dismiss was granted.

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Am. Scheduling, Inc. v. Radiant Sys., Civil Action No. 725-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 9, 2005, Decided
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Overview: Where plaintiff's only basis for personal jurisdiction over Georgia corporation was that Georgia corporation or similarly named affiliate was incorporated in Delaware, jurisdictional claim was frivolous. Georgia corporation had never been incorporated in Delaware. Only affiliation between Georgia corporation and affiliate was their similar names.

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