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State Courts -
Delaware - February 23, 2005
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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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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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