Delaware, February, 2006, State Case law

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State Courts - Delaware - February 27, 2006

Freudenberg Spunweb Co. v. Fibervisions L.P., C.A. No. 04C-03-073-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 27, 2006, Decided
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Overview: Where parties' contract called for supplier to provide fiber that met contract specifications, not buyer's desire for better fiber, any express warranty created by Del. Code Ann. tit. 6, ? 2-313(1), was satisfied; supplier provided fiber in amounts specified by contract, rather than enough to meet buyer's production needs, so there was no breach.

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N & P Partners, LLC v. Council of Unit Owners of Bayberry Woods Condo., C.A. No. 2317-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, February 27, 2006, Filed
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Overview: Where a condominium declaration allowed the developers the right to expand a condominium development for a period of seven years, after which they had to first seek permission from the condominium association council, the council was owed compensation where the developers expanded without the necessary permission.

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State v. Donahue, CA. # 05A-02-007-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 27, 2006, Decided
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Overview: Since substantial evidence, including testimony by both parties' medical experts and a video tape of intermittent portions of the employee's work day, supported the industrial accident board's award of workers' compensation, the board's decision was affirmed; remand for the employer to tie its medical expert's opinion to the video was refused.

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