Delaware, February, 2006, State Case law

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State Courts - Delaware - February 23 - February 24, 2006

Harbinger Capital Ptnrs. Master Fund I, Ltd. v. Northwestern Corp., Civil Action No. 1937-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 23, 2006, Decided
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Overview: A proxy contestant's request for an expedited preliminary injunction hearing in its action, seeking to measure shareholder support, wage a proxy contest to replace a corporate board of directors, and impose an injunction on the corporation's trigger of its poison pill, was denied where a parallel federal action would likely resolve the issues.

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Ramunno v. Capano, C.A. No. 18798-NC, COURT OF CHANCERY OF DELAWARE, KENT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Trustee's motion for reargument was denied, as: (1) an issue regarding the partners' failure to comply with the tax laws raised questions for the taxing authorities; (2) the appropriate means of dealing with the loan at issue was to treat it as a capital contribution; and (3) the trustee's expert corroborated this conclusion.

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Tolliver v. State, No. 231, 2005, SUPREME COURT OF DELAWARE, February 23, 2006, Decided
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Overview: Question about another drug sale was intentional and improper, but trial court acted properly in giving curative instruction instead of granting defendant's motion for mistrial. Trial court correctly found that confidential informant was unable to materially aid defense, and properly denied defendant's motion to disclose informant's identity.

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Clark v. State, No. 434, 2005, SUPREME COURT OF DELAWARE, February 24, 2006, Decided
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Overview: Claimant was properly denied worker's compensation benefits for injuries he sustained in a traffic accident as the Board did not err in admitting a digital video of the accident because the fact that claimant did not appear in the video did not make it irrelevant and such was admitted to show that a compensable industrial accident did not occur.

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Harrison v. Arcadia Fin. Ltd., No. 535, 2005, SUPREME COURT OF DELAWARE, February 24, 2006, Decided
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Overview: Because an individual's response to a court clerks' notice to show cause argued the merit of the appeal and did not address its untimeliness under Del. Super. Ct. R. Civ. P. 6(a)(i), and because the individual's failure was not attributable to the trial court, the appeal was dismissed pursuant to Del. Sup. Ct. R. 6, 29(b).

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Parker v. Gadow, No. 408, 2005, SUPREME COURT OF DELAWARE, February 24, 2006, Decided
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Overview: As the remedy under 42 U.S.C.S. ??1983 was not altered by a 1991 amendment to 42 U.S.C.S. ??1981, an employee's failure to file her amended complaint within the applicable two-year statute of limitations warranted dismissal. Further, her amended superior court complaint did not relate back to her prior federal court complaint.

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Reeder v. Del. Dep't of Ins., C.A. No. 1553-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 24, 2006, Decided , February 24, 2006, Filed
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Overview: A defensive driving provider's claim that the Defensive Driving Credential Committee of the Department of Insurance violated various sections of the Freedom of Information Act, Del. Code Ann. tit. 29, ch. 100, lacked merit where some claims were time-barred, others were moot, and still others had no statutory support.

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State v. Page, I.D. No. 9911016961, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2006, Decided
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Overview: Defendant was sentenced to life in prison rather than the death penalty for his murder convictions; although aggravating circumstances outweighed the mitigating circumstances, it would have been inequitable and unjust to impose the death penalty when the same sentence was constitutionally prohibited for defendant's seventeen-year-old co-defendant.

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Turner v. State, No. 339, 2005, SUPREME COURT OF DELAWARE, February 24, 2006, Decided
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Overview: In the absence of timely demand to preserve video tape of a search of defendant, compliance with police administrative protocol to erase the tape after 30 days was not wrongful. Defendant did not show that the missing tape substantially prejudiced his defense. Trial court properly denied defendant's request for missing evidence instruction.

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