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   State Courts - Delaware - March 11, 2004

  
Agostino v. Hicks, C.A. No. 20020-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 11, 2004, Decided
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Overview: Because a stockholder's claims against a company were derivative, and not direct claims, the claims were extinguished when the company entered bankruptcy and when his shares were eliminated by that bankruptcy.

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Coverdale v. State, No. 473, 2003, SUPREME COURT OF DELAWARE, March 11, 2004, Decided
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Overview: Where a witness's drug arrest had no bearing on the charges against defendant and a prosecutor's reference to other evidence as a "red herring" did not denigrate the role of defense counsel, defendant was not denied a fair trial.

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Fort v. Kosmerl, C. A. No. 03C-07-087 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 11, 2004, Decided
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Overview: Failure of two motorists' attorney to timely send nonresident driver notice Delaware's secretary of state was served with their complaint against her mandated dismissal of it without prejudice, but dismissal constituted abatement of the action.

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Hardin v. State, No. 419, 2003, SUPREME COURT OF DELAWARE, March 11, 2004, Decided
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Overview: Drugs seized from defendant and his vehicle were admissible under plain view and inevitable discovery doctrines, and a police officer could testify both as expert and fact witness. There was sufficient evidence of defendant's intent to deliver drugs.

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Nelson v. Russo, No. 216, 2003, SUPREME COURT OF DELAWARE, March 11, 2004, Decided
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Overview: Trial court's failure to conclude that it did not have subject matter jurisdiction over other condominium owner's ejectment action was error; the relief she sought was equitable in nature, which was a matter for the chancery court to consider.

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Oropeza v. Maurer, C.A. No. 04C-01-283 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 11, 2004, Decided
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Overview: Where an inmate's motion for reargument was untimely and the inmate misapprehended the applicable law and ignored the statute of limitations, the motion was denied.

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Potter v. Cmty. Communs. Corp., C.A. No. 115-N, COURT OF CHANCERY OF DELAWARE, WILMINGTON, March 11, 2004, Decided
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Overview: Plaintiffs' motion for a preliminary injunction was granted because they demonstrated that they would succeed on the merits of their claims and that the absence of a preliminary injunction would result in imminent and irreparable harm.

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Solomon v. Duggan, C.A. No. 92L-10-019, SUPERIOR COURT OF DELAWARE, SUSSEX, March 11, 2004, Decided
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Overview: Trial court allowed a trustee who obtained a judgment against a debtor to intervene in an assignee's foreclosure action because evidence raised questions about whether assignee had forgiven a debt that was secured by property he sought to foreclose.

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