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State Courts -
Delaware - March 9, 2009
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AT&T Corp. v. Lillis, No. 490, 2007, No. 459, 2007, No. 459, 2007,
SUPREME COURT OF DELAWARE, March 9, 2009, Decided
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Overview: Supreme court deferred to a trial court's evaluation of extrinsic evidence regarding the meaning of "economic position" in a stock option plan because the trial court could consider admissions in deciding the meaning when the admissions related to the plan. Instructions to the trial court to disregard the admissions was based on a factual mistake.
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Honaker v. State, No. 363, 2008,
SUPREME COURT OF DELAWARE, March 9, 2009, Decided
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Overview: Because there was no factual basis for defendant's judicial bias claim, because his claim of ineffective assistance was raised for the first time on direct appeal, and because his sentence for third-degree burglary was within the statutory limits of Del. Code Ann. tit. 11, ?? 824, 4205(b)(6), his appeal was frivolous under Del. Sup. Ct. R. 26(c).
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Wilmington Sav. Fund Soc'y, FSB v. Anderson, C.A. No. 08C-06-030 PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 9, 2009, Decided
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Overview: A creditor's motion to dismiss a debtor's counterclaim under Del. Super. Ct. R. Civ. P. 12(b)(6) was granted because the debtor's counterclaims under TILA, 15 U.S.C.S. ?? 1601-1667, and its implementing regulations, 12 C.F.R. pt. 226, were barred. Because the loan was for commercial purposes, it was beyond the scope of the consumer protection laws.
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