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   State Courts - Delaware - February 24, 2000

  
Doyle v. Jackson, No. 379, 1999, SUPREME COURT OF DELAWARE, February 24, 2000, Decided
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Eisenmann Corp. v. GMC, C.A. No. 99C-07-260-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2000, Date Decided
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Overview: Court denied motion for reargument, relating to claims in four counts and the applicability of the forum selection clauses, because there was no conclusive evidence that the parties intended to refer the "bundling" agreements to a particular forum.

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Fague v. Delaware Park Racing Ass'n, C.A. NO. 99A-05-004-NAB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2000, Decided
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Overview: Industrial Accident Board had statutory authority to terminate benefits when a claimant consented to the termination; claimant was ineligible for total disability benefits as of the date she started working at her new job.

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Harvey v. State, No. 41, 2000, SUPREME COURT OF DELAWARE, February 24, 2000, Decided
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Overview: As appellant could not demonstrate that the failure to file a timely notice of appeal was attributable to court-related personnel, his appeal could not be considered.

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Prospero v. State, No. 355, 1999, SUPREME COURT OF DELAWARE, February 24, 2000, Decided
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Overview: Defendant's due process challenge to revocation of his probation was rejected; he did receive notice of the revocation hearing, and the issues were not so substantial or complex as to entitle him to appointment of counsel.

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Ritchie v. Boothhurst, No. 412, 1999, SUPREME COURT OF DELAWARE, February 24, 2000, Decided
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State of Wis. Inv. Bd. v. Bartlett, C.A. No. 17727, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 24, 2000, Decided
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Overview: Plaintiff was denied injunctive relief, because it did not show a likelihood of success on the merits, imminent irreparable harm if injunction was not granted, and that damage to plaintiff outweighed damage to defendants.

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State v. Davis, (NO NUMBER IN ORIGINAL), SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2000, Decided
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Overview: Defendant did not raise claims on appeal and did not show external impediment for raising them or a "substantial likelihood" that had he raised issues outcome would have been different. Thus, claims were procedurally barred.

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Ward v. Shoney's Inc., C.A. No. 98C-09-032-WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2000, Decided
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Overview: Defendant restaurant's summary judgment motion was denied in plaintiff's "slip and fall" case, as factual question existed and expert testimony was needed to establish negligence.

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White-Cannon v. American Original Food Corp., C.A. No. 99A-05-002 WTQ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2000, Date Decided
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Overview: Appellant failed to bring all her claims for relief before the board; therefore, she could not introduce her claims of total disability for intermittent hospitalization for the first time on appeal.

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