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State Courts -
Delaware - February 13 - February 16, 2006
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Parker v. Wilk, CA No. 98C-12-075-JEB,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 13, 2006, Decided
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Overview: In a loss of chance action, because an administrator's expert failed to provide a scientific basis for his opinion regarding the percent of decedent's loss of chance, explain his conclusions in terms of recognized principles or methodologies, and failed to establish causation and damages, a doctor's summary judgment motion was granted.
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ABRY Partners V, L.P. v. F&W Acquisition LLC, C.A. No. 1756-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Where sophisticated commercial parties entered into a contract for the purchase of a company, which limited the seller's liability for any misrepresentation of fact and excluded rescission as an available remedy, such was enforceable except if the buyer could show intentional misrepresentation or knowledge of falsity by the seller.
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In re Cencom Cable Income Ptnrs., L.P., C.A. No. 14634-NC,
COURT OF CHANCERY OF DELAWARE, KENT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: Despite the sluggish pace of plaintiffs' class action suit, and their lack of diligence, defendants' motion to dismiss, filed pursuant to Del. Ch. Ct. R. 41(b) and (e), was denied, as the court recognized a preference of resolving the decision on the merits and plaintiffs seemed to resume the diligent prosecution of their claims.
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