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   State Courts - Delaware - March 19 - March 22, 2001

  
Joann P. Welsh v. State Clinical & Lab. Physicians, P.A., C.A. No. 98C-06-003(WLW), SUPERIOR COURT OF DELAWARE, KENT, March 19, 2001, Decided
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Overview: Where jury's verdict was rationally based on one expert's opinion as to standard of care but a different expert's opinion as to cause of death, motion for new trial was denied. Award of costs to prevailing party was discretionary and was denied.

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State Dep't Natural Res. & Envtl. Control (DNREC) v. Murphy, C.A. No. 00A-08-004-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 19, 2001, Decided
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Overview: The court reversed a state merit relations employee board decision. The court determined that a seasonal employee who was terminated and reinstated several times was not a classified employee so her termination did not violation the merit rules.

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USH Ventures v. Global Telesystems Group, Inc., No. 347, 2000, SUPREME COURT OF DELAWARE, March 19, 2001, Decided
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Best Drywall v. Jennings & Churella Servs., C.A. No. 00L-01-001, SUPERIOR COURT OF DELAWARE, SUSSEX, March 20, 2001, Date of Decision
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Overview: Property owner's summary judgment motion alleging late filing of mechanics' lien denied because subcontractor provided evidence that suggested a different filing date.

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State v. Taylor, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 20, 2001, Decided
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Overview: A paper opened and read as part of a routine inventory search was not an illegal search and seizure, and defendant's Miranda rights were not violated when he was asked a question in response to a conversation he initiated.

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Highlands Ins. Group, Inc. v. Halliburton Co., C.A. No. 17971, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 21, 2001, Decided
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Overview: Documents prepared by a parent corporation, and used to divest a subsidiary, were unambiguous and construed in favor of subsidiary, in case where parent corporation prepared the documents.

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Pinnacle Energy, L.L.C. v. Price, C.A. No. 2000-02-155, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, March 21, 2001, Decided
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Overview: The customers did not breach a contract for the purchase of windows. They cancelled the contract in a timely manner, where both customers called the window company prior to delivery and cancelled.

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State v. Thompkins, I.D. # 9906019526, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 21, 2001, Decided
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Overview: Where there was no evidence in postconviction relief motion or in record that supported movant's claim of misinformation by counsel, and contentions of ineffective assistance were conclusory and contrary to evidence on record, motion was denied.

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Caraballo v. State Dep't of Corr., C.A. No. 00C-06-100-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 22, 2001, Decided
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Overview: The court dismissed an inmate's claim for failure to provide necessary medical eye care. The state had not purchased insurance for plaintiff's loss, so it was not deemed to have waived sovereign immunity from the tort claim.

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Williams v. Williams, C.M. No. 3174 G-204, COURT OF CHANCERY OF DELAWARE, SUSSEX, March 22, 2001, Final Report
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Overview: Where court determined partition in kind would have been economically detrimental and physically difficult, partition sale was ordered, but portion was to be added to one party's property before sale, so as not to devalue that property.

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