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   State Courts - Delaware - February 15 - February 16, 2001

  
Beckrich Holdings, LLC v. Bishop, C.A. No. 18116, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 15, 2001, Date Decided
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Overview: In action for injunctive relief, motion to dismiss was denied where plaintiff was not seeking interim injunctive relief. However, leave to amend was granted where plaintiff did not specifically allege immediate and irreparable harm.

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Meuser v. Sowiak, C.A.No. 98C-11-155-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 15, 2001, Decided
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Overview: New trial was denied as there was evidence that, despite the exercise of due care, the sliding of defendant's car was unavoidable and not the result of negligent conduct on his part. Other drivers were seen sliding on the wet surface.

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State v. Dixon, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 15, 2001, Decided
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Overview: Defendant abandoned his expectation of privacy in a laundry basket in which police discovered cocaine; defendant placed the basket on the ground in a public place and attempted to disassociate himself by walking away and leaving it unattended.

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Visiting Nurses Ass'n v. Visiting Nurses Ass'n, No. 472, 2000, SUPREME COURT OF DELAWARE, February 15, 2001, Decided
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Allissia Norfleet v. Mid-Atlantic Realty Co., C.A. No. 95C-11-008, SUPERIOR COURT OF DELAWARE, KENT, February 16, 2001, Decided
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Overview: Statutes, codes, and regulations did not support theory of negligence per se; they required interpretation or allowed authorities to exercise discretion when enforcing them. They could be used, however, as a baseline for assessing conduct.

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McCormick v. Board of Educ., C.A. No. 97A-10-003, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 16, 2001, Decided
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Overview: Plaintiff was awarded damages in connection with defendant board of education's violation of her constitutional rights by failing to give plaintiff a six-month notice before termination.

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Roeben v. James Julian, Inc. of Del., C.A. No. 99A-11-001-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 16, 2001, Decided
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Overview: Decision of Delaware Industrial Accident Board was affirmed. Board was within its discretion to accept testimony of one expert over another and did not necessarily draw inappropriate inferences.

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State v. Caulfield, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 16, 2001, Decided
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Overview: Where civil forfeiture was ancillary to criminal prosecution, a Delaware defendant who timely demanded jury determination of forfeiture issue was entitled to have forfeiture decided by same jury that determined guilt.

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State v. Ross, Case No.: 0008000241, COURT OF COMMON PLEAS OF DELAWARE, KENT, February 16, 2001, Decided
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Overview: Officer had probable cause to seize a baggie from defendant's pants pocket during a pat-down search for weapons, as baggie likely contained contraband, and defendant gave evasive responses to officer's questions about baggie.

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