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   State Courts - Delaware - March 16 - March 21, 2007

  
DiSabatino v. DiSabatino, No. 553, 2006, SUPREME COURT OF DELAWARE, March 16, 2007, Decided
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Overview: A husband's motion to reopen a default marital property division, under Del. Fam. Ct. R. Civ. P. 60(b), was properly denied because, while he had a meritorious claim, as all marital property was awarded to the wife, and she showed no substantial prejudice if the motion were granted, he did not show his conduct was attributable to excusable neglect.

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Freeman v. Burris Foods, C.A. No: 06A-04-001 (RBY), SUPERIOR COURT OF DELAWARE, KENT, March 19, 2007, Decided
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Overview: A decision by the Delaware Unemployment Insurance Appeal Board, holding that an employee's discharge from employment was based on just cause, was supported by substantial evidence pursuant to Del. Code Ann. tit. 19, § 3314(2), as the employee had engaged in two physical altercations with a co-worker.

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Fuller v. State, No. 338, 2006, SUPREME COURT OF DELAWARE, March 19, 2007, Decided
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Overview: Although the State did not adequately comply with Del. Super. Ct. R. Crim. P. 16 in disclosing a videotape of defendant being interviewed by police, the violation did not require reversal, as evidence independent of the videotape was before the jury; the victim and another eyewitness, both of whom knew defendant, identified him as the assailant.

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Johnson v. State, No. 423,2006, SUPREME COURT OF DELAWARE, March 19, 2007, Decided
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Overview: Because a probationer did not submit a written response to counsel's motion to withdraw, and did not submit any points for consideration on appeal, pursuant to Del. Sup. Ct. R. 26(c), the probationer's appeal was deemed wholly without merit and devoid of any arguably appealable issue; consequently, counsel's motion to withdraw was deemed moot.

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Brown v. State, No. 14, 2007, SUPREME COURT OF DELAWARE, March 20, 2007, Decided
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Luscavage v. Dominion Dental USA, Inc., C.A. No. 06C-07-219 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 20, 2007, Decided
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Overview: Corporation's motion to dismiss plaintiffs' action alleging tortious interference with contracts was granted, as breach of a contract was a necessary element of the claim, and allegations by plaintiffs that the corporation's actions caused the termination of consulting contracts did not satisfy the requirement of proving a breach.

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Cruz v. State, No. 659, 2006, SUPREME COURT OF DELAWARE, March 21, 2007, Decided
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Snyder v. Wyo. Concrete, C.A. No. 06A-01-001 RBY, SUPERIOR COURT OF DELAWARE, KENT, March 21, 2007, Decided
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Overview: No errors were made by Delaware's Unemployment Insurance Appeals Board (UIAB) which would have contributed to the lateness of a claimant's appeal and the claimant did not provide sufficient reason for finding the UIAB abused its discretion in denying his untimely appeal.

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