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   State Courts - Delaware - March 17 - March 18, 2003

  
DaimlerChrysler Corp. v. Pa. Nat'l Mut. Cas. Ins., CIVIL ACTION NUMBER 95C-04-167 and 01C-04-036 Consolidated Cases, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 17, 2003, Decided
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Overview: A construction company's summary judgment motion was denied as to an auto manufacturer's action seeking indemnification in an underlying negligence action; the manufacturer had an enforceable cause of action for breach of contract.

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Flaharty v. Avon Prods., C.A. No. 02A-06-006-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 17, 2003, Decided
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Overview: Where an expert's testimony indicated that once he learned the nature of the work performed by an injured worker, the expert believed it must have contributed to her injury, he was in effect testifying to existence of causation under Delaware law.

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Gattis v. City of Wilmington, C.A. No. 02C-12-075 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 17, 2003, Decided
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Overview: Where a city was immune from any suit for damages predicated upon an unguarded hole in a street and no statutory exceptions applied, a pedestrian could not prevail and the complaint had to be dismissed.

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Miller v. State, No. 25, 2003, SUPREME COURT OF DELAWARE, March 17, 2003, Decided
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State v. Brathwaite, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 17, 2003, Decided
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Overview: Evidence of a photo of rape victim in highly revealing and compromising position, in defendant's possession prior to trial, did not constitute newly discovered evidence. Even if there had been prior consent it did not automatically indicate consent.

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Citizens for Smyrna-Clayton First v. Town of Smyrna, No. 14, 2003, SUPREME COURT OF DELAWARE, March 18, 2003, Decided
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Overview: Chancery court did not err in denying injunction that would prevent corporation from building a distribution center on a parcel of land zoned for industrial use because the citizens failed to establish the necessary criteria for injunctive relief.

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Gloucester Holding Corp. v. U.S. Tape & Sticky Prods., LLC, C.A. No. 19227, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 18, 2003, Decided
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Overview: Every contract in Delaware had obligation of good faith and fair dealing, and indemnification clause in asset purchase agreement was broad enough to cover such claim, as claim was not barred by a clause providing that indemnification was sole remedy.

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