Delaware, March, 2007, State Case law

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State Courts - Delaware - March 12 - March 14, 2007

Cole v. State, No. 425, 2004, SUPREME COURT OF DELAWARE, March 12, 2007, Decided
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Overview: A trial court judge did not abuse her discretion in denying defendant's motion to suppress a statement implicating an accomplice on the basis of an alleged agreement that the statement was not to have been used other than for determining whether the death penalty would be sought as no factual findings supported such a limited use.

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L&W Ins., Inc. v. Harrington, Civil Action No. 2730-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 12, 2007, Decided
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Overview: A former employer failed to meet its burden of showing the need for the extraordinary remedy of a preliminary injunction to enforce non-solicitation covenants in an employment contract with a former employee. The former employer failed to demonstrate that it was likely to succeed in arbitration on the merits of its claim.

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Turner v. City of Wilmington, No. 480, 2006, SUPREME COURT OF DELAWARE, March 12, 2007, Decided
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Overview: City employee was not entitled to liquidated damages, attorneys fees, and costs under the Wage Payment and Collection Act (WPCA) based on the city's delay in payment of workers' compensation benefits because the Workers' Compensation Act incorporated the exclusion of remedies against municipalities, Del. Code Ann. tit. 19, ? 1101(a)(3) and (4).

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Mahoney v. Avantix Labs., Inc., C.A. No. 06C-06-332 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 13, 2007, Decided
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Overview: Motion to vacate default judgment was denied in sex discrimination case; employer failed to show excusable neglect under Del. Super. Ct. R. Civ. P. 60 as it had notice of action in July 2006, it had notice of default judgment and inquisition hearings, and nonetheless, it waited over two months after inquisition award to file motion to vacate.

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Highland Select Equity Fund, L.P. v. Motient Corp., C.A. No. 2092-VCL, Supreme Court Appeal No. 355, 2006, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 14, 2007, Submitted
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Overview: Chancery court clarified a decision denying equity fund relief on a Delaware General Corporation Law, ??220(c) request for inspection of corporation's records; court had concluded that stated proper purposes for inspection were pretextual and that real purpose of the request was to further fund's position in proxy contest for corporation's control.

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In re Netsmart Techs., Inc. S'holders Litig., C.A. No. 2563-VCS, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 14, 2007, Decided
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Overview: Stockholders' motion for a preliminary injunction against the procession of a merger vote was granted until the corporation's board disclosed more complete and accurate information about the vote because a threat of irreparable injury existed; however, the merits showing of the stockholders did not justify the entry of broad injunctive relief.

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Price v. Sara Lee Corp., C.A. No. 05A-07-003 (RBY), SUPERIOR COURT OF DELAWARE, KENT, March 14, 2007, Decided
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Overview: Because an employee had not amended a pre-trial memorandum to raise an issue of unpaid medical bills, and because the Delaware Industrial Accident Board's order unambiguously reached no final decisions, the Board properly held that the issue of medical bills was not before it and denied the employee's petition for additional workers' compensation.

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State v. Rollins, No. 362, 2006, SUPREME COURT OF DELAWARE, March 14, 2007, Decided
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Overview: A trial court erred in granting defendant's suppression motion regarding seizure of drug evidence from his person, as the officers had a reasonable articulable suspicion to initially stop defendant; however, as the initial pat down did not reveal a weapon or contraband, any further search of defendant's person required his consent.

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Waltman v. State, No. 661, 2006, SUPREME COURT OF DELAWARE, March 14, 2007, Decided
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Overview: As an inmate had previously argued on his direct appeal that a trial court's denial of his continuance request was error and he failed to show that reconsideration of the issue was warranted in the interests of justice, pursuant to Del. Super. Ct. R. Crim. P. 61(i)(4) he was procedurally barred from raising it in his postconviction relief motion.

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Weddington v. State, No. 428, 2006, SUPREME COURT OF DELAWARE, March 14, 2007, Decided
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Overview: As defendant's counsel's cross-examination of an arresting officer's inconsistencies in his statements in support of a search warrant application and during a suppression hearing raised the issue of the officer's credibility to the trial court, and any further questioning would have been cumulative under Del. R. Evid. 403, it was properly limited.

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