Delaware, March, 2009, State Case law

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State Courts - Delaware - March 16, 2009

Del. Bldg. Supply, Inc. v. Barclay Farms Cmty., LLC, C.A. No: 08L-08-074 (RBY), SUPERIOR COURT OF DELAWARE, KENT, March 16, 2009, Decided
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Overview: Because a supplier reasonably believed that the current owner was the owner, or at least the reputed owner, of the property, the supplier satisfied Del. Code Ann. tit. 25, ? 2712 by naming the reputed owner in its mechanics' lien complaint; therefore, the former owner was not a necessary party to the action under Del. Super. Ct. R. Civ. P. 19.

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In re Mousavi, No. 68, 2009, SUPREME COURT OF DELAWARE, March 16, 2009, Decided
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Nationwide Mut. Fire Ins. Co. v. Delmarva Power & Light Co., C.A. No. 06C-10-225 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 16, 2009, Decided
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Overview: In a subrogation case arising from a fire at an apartment building, plaintiffs' "Motion for Sanctions Due to Defendant's Spoliation of Evidence" was denied. The evidence did not suggest that a power company's "troubleman" knew or should have known at the time he disposed of a service cable that it was relevant to a legal dispute.

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Novkovic v. Paxson, C.A. No. 07C-10-248-WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 16, 2009, Decided
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Overview: A motorist and his wife awarded judgment against a vehicle owner were entitled to pre-judgment interest, under Del. Code Ann. tit. 6, ? 2301(d), because a letter to the owner's counsel seeking the owner's liability policy limits was a written settlement demand valid for at least 30 days in a sum less than the damages on which judgment was entered.

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State v. Hoyle, Def. ID # 0603026561, SUPERIOR COURT OF DELAWARE, SUSSEX, March 16, 2009, Decided
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Waples v. State, No. 33, 2009, SUPREME COURT OF DELAWARE, March 16, 2009, Decided
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Overview: Defendant was not entitled to relief pursuant to Del. Super. Ct. R. Crim. P. 35(a) when a trial court allegedly failed to give him proper presentence confinement credit because credit for time served was not an appropriate basis for relief from an allegedly illegal sentence under the narrow function of Rule 35(a).

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