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   State Courts - Delaware - February 23, 2005

  
Carney v. State, No. 456, 2004, SUPREME COURT OF DELAWARE, February 23, 2005, Decided
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Enigma Info. Retrieval Sys. v. Radian, Inc., C.A. No. 04C-06-069-FSS, (E-filed), SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 23, 2005, Decided
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Overview: Count in subcontractor's complaint alleging damage to its reputation and loss of business, which did not allege defamation, did not pass muster under Del. Super. Ct. R. Civ. P. 12(f)12 and was dismissed. If defendant contractor interfered with business relationships as alleged, the subcontractor had to restructure its complaint to make it plain.

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Midland Red Oak Realty, Inc. v. Friedman, Billings & Ramsey & Co., C.A. No. 04C-05-091 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 23, 2005, Decided
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Overview: The real estate investment firm sufficiently pleaded the willful conduct or gross negligence cause of action although the firm's complaint did not use the term willful. Because willful and wanton each referred to a distinct state of mind, they only had to be averred generally pursuant to Del. Super. Ct. R. Civ. P. 9(b).

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Pestex, Inc. v. Sabo, No. 3, 2005, SUPREME COURT OF DELAWARE, February 23, 2005, Decided
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Ramsey v. State Farm Mut. Ins. Co., No. 443, 2004, SUPREME COURT OF DELAWARE, February 23, 2005, Decided
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Overview: Where an insured failed to establish that her lost earnings were unavoidable and, therefore, "necessary" within the meaning of Del. Code Ann. tit. 21, ? 2118, the trial court properly granted an insurer's motion for summary judgment, dismissing the insured's claim for lost wages under the personal injury protection insurance statute.

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Ruggerio v. Estate of Poppiti, Civil Action No. 18961-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 23, 2005, Decided , February 23, 2005, Filed
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Overview: In an action for an accounting against a deceased partner's estate, brought over six months after the decedent's death, the suing partner alleged sufficient allegations to toll the limitations period mandated by Del. Code Ann. tit. 10, ? 8113 by asserting that the decedent personally benefitted from certain breaches of fiduciary duty.

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Sheppard v. State Dep't of Health & Soc. Servs., C.A. No. 03C-01-096-MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 23, 2005, Decided
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State ex rel. Secy of the DOT v. Catawba Assocs., CA No. 97C-03-042-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 23, 2005, Decided
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Overview: Trial court granted the State's motion in limine to preclude a report prepared by a property owner's appraiser in an action for compensation for a taking of land pursuant to Del. Code Ann. tit. 10, ? 6108; the leased fee valuation method used by the appraiser was not permissible, as loss of rental value from the land was not recoverable.

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Tue v. Del. State Police, No. 218, 2004, SUPREME COURT OF DELAWARE, February 23, 2005, Decided
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Walls v. State, No. 432, 2004, SUPREME COURT OF DELAWARE, February 23, 2005, Decided
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Overview: Although the trial court previously had discharged an inmate from the supervision associated with his robbery sentence, it had never discharged him from probation. The sentence imposed for a probation violation associated with the robbery conviction therefore was legal.

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