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State Courts -
Delaware - March 15 - March 16, 2006
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Landon v. Div. of Family Servs., No. 469, 2005/No. 485, 2005 (Consolidated),
SUPREME COURT OF DELAWARE, March 15, 2006, Submitted , March 15, 2006, Decided
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Marati, Inc. v. Agrinio, Ltd., C.A. No. 03C-06-014,
SUPERIOR COURT OF DELAWARE, SUSSEX, March 15, 2006, Decided
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Overview: Because the sellers sold the collateral within two days of a default at a private sale without any real emergency and without any attempt to try to locate the borrower or the guarantor, the sale was not commercially reasonable; consequently, the sellers were not entitled a deficiency judgment or summary judgment.
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McLaren v. Mercedes Benz USA, LLC, C.A. No. 04C-04-019-PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 16, 2006, Decided
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Overview: When buyers claimed that their car had a "vibration condition" that made it undriveable, their expert testimony was excluded under Del. R. Evid. 702 because it was not the product of any scientific method, but of the subjective feelings the expert had when test-driving the car. As a result, their Automobile Warranty Act and other claims failed.
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