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   State Courts - Delaware - April 1 - April 3, 2009

  
Mickman v. Am. Int'l Processing, L.L.C., Civil Action No. 3869-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 1, 2009, Decided
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Overview: LLC was denied summary judgment in a constituent's action for inspection of its records under Del. Code Ann. tit. 6, § 18-305. Although the LLC's operating agreement did not list the constituent as a member, contemporaneous documents signed by the only two LLC members listed in the operating agreement supported an inference that she was a member.

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Rapposelli v. State Farm Mut. Auto. Ins. Co., C.A. No. 07C-03-027 (CHT), SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 1, 2009, Decided
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Overview: An insured's motion for prejudgment interest under Del. Code Ann. tit. 6, § 2301(d) was denied because § 2301(d) did not apply, and the insured was not entitled to interest from the date of his injury. His lawsuit against an insurer to recover UIM benefits involved a contract action, not a tort action seeking compensatory damages.

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Summerhill v. Iannarella, C.A. No. 07C-11-071 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 1, 2009, Decided
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Overview: Although all of the prerequisites for recovery of post-offer costs pursuant to Del. Super. Ct. R. Civ. P. 68 were met and a driver was entitled to his postjudgment costs and interest under Del. Super. Ct. R. Civ. P. 54 and Del. Code Ann. tit. 10, § 8906, the fees of one of his expert's was deemed excessive.

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Block Fin. Corp. v. Inisoft Corp., C. A. No.: 03C-04-010-CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 2, 2009, Decided
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Block Fin. Corp. v. Inisoft Corp., C. A. No.: 03C-04-010-CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 2, 2009, Decided
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Overview: Software developer's termination of license was wrongful; licensee did not materially breach software licensing agreement, therefore developer had to pay contractual damages. Licensee did not establish misappropriation of trade secrets claim; it did not take reasonable steps to maintain secrecy as required by Del. Code Ann. tit. 6, § 2001(4).

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Block Fin. Corp. v. Inisoft Corp., C. A. No.: 03C-04-010-CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 2, 2009, Decided
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Overview: Because a licensee terminated a licensing agreement before its term, the licensor was entitled to damages and interest at the legal rate.

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Sheppard v. State, No. 350, 2008, SUPREME COURT OF DELAWARE, April 2, 2009, Decided
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Harris v. RHH Partners, LP, C.A. No. 1198-VCN, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 3, 2009, Decided
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Overview: The owner of a general partner was allowed to intervene under Del. Ch. Ct. R. 24(a)(2) in a limited partner's suit to remove the general partner. Without intervention, his interest would not be adequately represented when if the general partner was replaced, he would lose the only nexus by which his security interest in property could be protected.

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State ex rel. Sec'y of the DOT v. Teague, C.A. No. 08C-09-065 JAP, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 3, 2009, Decided
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Overview: Trial court granted the transportation agency's application for possession and denied the owners' motion to dismiss the condemnation proceedings; transportation agency was excused from any failure to comply with procedure referenced in Real Property Acquisition Act, Del. Code Ann. tit. 29, § 9505, as any departure had no impact on negotiations.

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