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   State Courts - Delaware - March 10 - March 13, 2006

  
Benjamin v. Benjamin, No. 536, 2005, SUPREME COURT OF DELAWARE, March 10, 2006, Decided
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Berg v. Appoquinimink Sch. Dist., C.A. NO. 05A-01-15 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 10, 2006, Decided
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Overview: In an employee's breach of employment contract suit, it did not abuse discretion not to let the employee treat any current employees of the employer as hostile witnesses, under Del. R. Evid. 611(c), based solely on their employment, and the employee could not claim unjust enrichment when a contract benefit was available, but not agreeable, to him.

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Horbal v. Three Rivers Holdings, Inc., Civil Action No. 1273-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, March 10, 2006, Decided
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Overview: Breach of fiduciary duty and de facto dividend claims made by the founder and shareholders of an HMO against coinvestors in the HMO were dismissed as the founder and shareholders failed to state a cause of action. However, the founder and shareholders were entitled to an inspection of corporate books and records under Del. Code Ann. tit. 8, § 220.

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In re Grupo Dos Chiles, LLC, Civil Action No. 1447-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 10, 2006, Decided , March 10, 2006, Filed
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Overview: Court found that the partner and copartner of a limited liability company (LLC) were the members of the LLC as an LLC agreement proved that the parties were the members of the LLC. However, the copartner could not unilaterally restore the LLC to good standing with the State of Delaware as the parties were involved in litigation to dissolve the LLC.

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In re Asbestos Litigation, C.A. No.: 05C-05-246 ASB, C.A. No.: 05C-06-083-ASB, C.A. No.: 05C-07-124 ASB, C.A. No.: 05C-05-203 ASB, C.A. No.: 05C-07-248 ASB, C.A. No.: 05C-06-341 ASB, C.A. No.: 05C-06-057 ASB, C.A. No.: 05C-05-273 ASB, C.A. No.: 05C-06-216 ASB, C.A. No.: 05C-06-067 ASB, C.A. No.: 05C-05-242 ASB, C.A. No.: 05C-05-270 ASB, C.A. No.: 05C-05-302 ASB, C.A. No.: 05C-06-176 ASB, C.A.No. 05C-08-185 ASB, C.A. No. 05C-09-083 ASB, C.A. No. 05C-08-039 ASB, C.A. No.: 05C-08-049 ASB, C.A. No.: 05C-08-207 ASB, C.A. No. 05C-07-321 ASB, C.A. No. 05C-07-273 ASB, C.A. No. 05C-08-071 ASB, C.A. No. 05C-07-204 ASB, C.A. No. 05C-07-271 ASB, C.A. No. 05C-05-245 ASB, C.A. No. 05C-07-160 ASB, C.A. No. 05C-09-119 ASB, C.A. No. 05C-09-034 ASB, C.A. No. 05C-06-069 ASB, C.A. No. 05C-09-152 ASB, C.A. No. 05C-08-312 ASB, C.A. No. 05C-09-192 ASB, C.A. No. 05C-07-247 ASB, C.A. No. 05C-09-237 ASB, C.A. No. 05C-09-269 ASB, C.A. No. 05C-09-177 ASB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 13, 2006, Decided
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Overview: Asbestos litigation was not dismissed under Del. Code Ann. tit. 10, § 3104(1), in the interests of justice, due to claims plaintiff alleged injured party had no ties to the forum, was not treated there, and the subject tort did not occur there as the provision codified due process and was intended to protect a defendant, not exclude a plaintiff.

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Murzyn v. Locke, C.A. No. 02C-06-171RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 13, 2006, Decided
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Overview: Driver's Del. Super. Ct. R. Civ. P. 60(b) motion to vacate an order granting a wife and husband monetary damages for personal injuries and loss of consortium was denied; driver was properly served with complaint, failed to appear, and default was properly entered; so, there was no basis for Del. Super. Ct. R. Civ. P. 60(b) relief from damage award.

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