Delaware, March, 2009, State Case law

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State Courts - Delaware - March 25 - March 27, 2009

Denston v. State, No. 560, 2008, SUPREME COURT OF DELAWARE, March 25, 2009, Decided
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Estate of Buonamici v. Morici, C.A. No. 08C-10-231 JAP, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 25, 2009, Decided
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Overview: Where defendants moved to dismiss breach of fiduciary duty claim, superior court ordered entire matter dismissed for lack of jurisdiction with leave to transfer to court of chancery unless plaintiffs dismissed fiduciary duty claim, because court of chancery had exclusive jurisdiction over such claims and superior court questioned merits of claim.

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Lyondell Chem. Co. v. Ryan, No. 401, 2008, SUPREME COURT OF DELAWARE, March 25, 2009, Decided
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Overview: Directors were entitled to summary judgment because there were no legally prescribed steps that they had to follow to satisfy Revlon duties; failure to take any specific steps during a sale process did not demonstrate a conscious disregard of duties. There was no evidence from which to infer that they breached their duty of loyalty.

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Pearlman v. State, No. 428, 2008, SUPREME COURT OF DELAWARE, March 25, 2009, Decided
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Swann Keys Civic Ass'n v. Shamp, No. 544, 2008, SUPREME COURT OF DELAWARE, March 25, 2009, Decided
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Overview: Association's request pursuant to Del. Code Ann. tit. 10, ? 348 to enforce restrictive covenant limiting height of homes in a mobile home park was properly denied because notice of earlier class action gave no indication that free use of parcels may have been limited and order resolving that suit did not authorize a limitation on home heights.

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New Castle County v. New Castle County Bd. of Assessment Review, No. 267, 2008, SUPREME COURT OF DELAWARE, March 26, 2009, Decided
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Overview: Once a superior court concluded that a county board of assessment review had the power to order a reassessment under Del. Code Ann. tit. 9, ? 1318, the particular depreciation methodology it selected was necessarily a factual determination that the court correctly declined to address on certiorari review under Del. Const. Art. IV, ? 7.

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Price v. State, No. 610, 2006, SUPREME COURT OF DELAWARE, March 26, 2009, Decided
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Black v. State, No. 315, 2008, SUPREME COURT OF DELAWARE, March 27, 2009, Decided
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Overview: Because defendant touched a child's buttocks and vagina with his finger and touched her buttocks with his penis, defendant's actions constituted three separate acts, distinct from one another; accordingly, defendant's convictions on three counts of second-degree unlawful sexual contact did not violate his double jeopardy rights.

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Hicklin v. Onyx Acceptance Corp., No. 317, 2008, SUPREME COURT OF DELAWARE, March 27, 2009, Decided
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Overview: Plaintiff repossessed defendant's personal car and sold it at private action. Without proof of the specific auction procedures that were followed, plaintiff did not establish the commercial reasonableness of the sale of the consumer goods under Del. Code Ann. tit. 6, ? 9-610(b) of the UCC, and therefore was barred from recovering any deficiency.

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In re Evans, No. 586, 2008, SUPREME COURT OF DELAWARE, March 27, 2009, Decided
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