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   State Courts - Delaware - March 8, 2006

  
Cypress Assocs., LLC v. Sunnyside Cogeneration, C.A. No. 1607-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 8, 2006, Decided , March 8, 2006, Filed
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Hardin v. State, No. 444, 2005, SUPREME COURT OF DELAWARE, March 8, 2006, Decided
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In re Asbestos Litig., C.A. NO. 05C-05-246-JRS (ASB), C.A. NO. 05C-08-250-JRS (ASB), C.A. NO. 05C-07-206-JRS (ASB), C.A. NO. 05C-08-262-JRS (ASB), C.A. NO. 05C-08-176-JRS (ASB), C.A. NO. 05C-07-178-JRS (ASB), C.A. NO. 05C-08-142-JRS (ASB), C.A. NO. 05C-06-083-JRS (ASB), C.A. NO. 05C-07-124-JRS (ASB), C.A. NO. 05C-05-203-JRS (ASB), C.A. NO. 05C-06-215-JRS (ASB), C.A. NO. 05C-05-274-JRS (ASB), C.A. NO. 05C-07-223-JRS (ASB), C.A. NO. 05C-08-248-JRS (ASB), C.A. NO. 05C-07-248-JRS (ASB), C.A. NO. 05C-08-249-JRS (ASB), C.A. NO. 05C-06-341-JRS (ASB), C.A. NO. 05C-06-057-JRS (ASB), C.A. NO. 05C-05-273-JRS (ASB), C.A. NO. 05C-06-029-JRS (ASB), C.A. NO. 05C-08-162-JRS (ASB), C.A. NO. 05C-06-216-JRS (ASB), C.A. NO. 05C-08-061-JRS (ASB), C.A. NO. 04C-09-122-JRS (ASB), C.A. NO. 05C-09-214-JRS (ASB), C.A. NO. 05C-08-220-JRS (ASB), C.A. NO. 05C-07-109-JRS (ASB), C.A. NO. 05C-08-260-JRS (ASB), C.A. NO. 05C-06-067-JRS (ASB), C.A. NO. 05C-05-329-JRS (ASB), C.A. NO. 05C-05-242-JRS (ASB), C.A. NO. 05C-05-270-JRS (ASB), C.A. NO. 05C-08-261-JRS (ASB), C.A. NO. 05C-08-218-JRS (ASB), C.A. NO. 05C-05-302-JRS (ASB), C.A. NO. 05C-05-341-JRS (ASB), C.A. NO. 05C-05-272-JRS (ASB), C.A. NO. 05C-05-247-JRS (ASB), C.A. NO. 05C-08-285-JRS (ASB), C.A. NO. 05C-06-176-JRS (ASB)., SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2006, Decided
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Overview: Trial court denied the companies' motions to dismiss for forum non conveniens, as the companies did not show that the claimants' asbestos cases should be transferred to some alternative forum for judicial review because they were unable to show that they would have to endure "overwhelming hardship" by litigating the cases in Delaware.

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In re J.P. Morgan Chase & Co. S'holder Litig. v. Harrison, No. 218, 2005, SUPREME COURT OF DELAWARE, March 8, 2006, Decided
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Overview: Shareholders' proxy disclosure claim was properly dismissed, as: (1) such was derivative and not direct; (2) the claim failed to state a cognizable claim as to any compensable harm to the class; and (3) the entity allegedly benefiting from an alleged dilution was not a significant or controlling stockholder, but was the successor corporation.

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Jackson v. State, No. 479, 2004, SUPREME COURT OF DELAWARE, March 8, 2006, Decided
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Overview: While an order revoking probation was affirmed on appeal, upon the State's concession, the matter was remanded for the Superior Court to impose a credit to all time the probationer served at Level V for a drug possession conviction between October, 2002 and June, 2003.

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Schetrom v. State, No. 512, 2005, SUPREME COURT OF DELAWARE, March 8, 2006, Decided
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Overview: State's motion to affirm judgment of conviction was granted. Court reviewed record and concluded, under Del. Sup. Ct. R. 26(c), that defendant's appeal was without merit and devoid of any arguably appealable issue. Court was also satisfied that appellate counsel had properly determined that defendant could not raise meritorious claim in the appeal.

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Setting v. New Castle County, C.A. No. 05A-05-008-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2006, Decided
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Overview: Workers' compensation hearing officer properly denied former county police officer's petition for total disability benefits as officer was never found totally disabled by any doctor, he declined sedentary position with county that fit his physical capability, and only job limitation from the officer's own physician was that he not wear a gun belt.

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Webb v. Carroll, No. 425, 2005, SUPREME COURT OF DELAWARE, March 8, 2006, Decided
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Overview: Because an inmate's contentions under Del. Code Ann. tit. 10, §§ 6906(a), 6907(a) that the trial court improperly failed to bring him into court and that he was entitled to damages because the trial court failed to follow the proper procedures were incorrect as a matter of law, the trial court properly denied the inmate's habeas corpus petition.

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