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State Courts -
Delaware - March 29, 2007
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Brasby v. Morris, C.A. No. 05C-10-022-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, March 29, 2007, Decided
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Overview: Although the economic loss doctrine and the lack of an?anticipatory breach or an accord and satisfaction under Del. Code Ann. tit. 6, ?? 2-609, 3-311 precluded a buyer's negligence and breach of contract claims, the buyer sufficiently alleged a claim of fraud against the seller under Del. Code Ann. tit. 11, ? 917(b)(1),(b)(2).
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Brookins v. State, No. 306, 2006,
SUPREME COURT OF DELAWARE, March 29, 2007, Decided
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Overview: Trial court properly denied defendant's motion pursuant to Del. Code Ann. tit. 11, ? 4504(b), seeking a new trial on his murder conviction, as newly discovered DNA evidence relied on by defendant was not likely to have changed the result of the trial, as the remaining circumstantial evidence was sufficient to support the conviction.
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O'Neill v. Town of Middletown, C.A. No. 2478-VCN,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 29, 2007, Decided
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Overview: Chancery court declined to exercise its discretion under Del. Code Ann. tit. 29, ? 10005 to reverse a rezoning decision because, although a town council engaged in an illegal executive session under Del. Code Ann. tit. 29, ? 10004 as the session should have taken place in a public hearing, there was no identifiable action taken during the session.
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