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   State Courts - Delaware - March 21 - March 24, 2003

  
City of Wilmington v. AFSCME, Council 81, Local 1102, C.A. No. 19561-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 21, 2003, Decided
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Overview: Although city employer failed to identify explicit and well-defined public policy that was violated by arbitrator's order reinstating terminated employee, arbitrator failed to draw essence of his decision from the applicable agreement, as required.

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Dir. of Revenue v. CNA Holdings, Inc., No. 51, 2002, SUPREME COURT OF DELAWARE, March 21, 2003, Decided
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Overview: Provision in state law that allowed Delaware to tax 100 percent of the gain a corporation derived from selling property located in Delaware did not impose an unreasonable burden on the corporation, even though other states also taxed the gain.

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Happy Harry's Disc. Drugs v. Soltis, CIVIL ACTION NUMBER 02A-09-008-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 21, 2003, Decided
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Overview: A board properly found that an employee's neck injuries were causally related to a job related motor vehicle accident, as there was more evidence than just a doctor's finding that it was possible that the accident caused the neck injuries.

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Pocket Change Kahunaville, Inc. v. Kahunaville of Eastwood Mall, Inc., C.A. No. 19852-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 21, 2003, Decided
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Overview: In a breach of contract claim where a prevailing party filed complaint to confirm arbitration award, court had to presume that arbitrator did not exceed his authority and would uphold award as long as supporting grounds could be inferred from record.

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President & Fellows of Harvard College v. Glancy, C.A. No. 18790, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 21, 2003, Decided
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Overview: Chancery court dismissed trust beneficiaries' breach of fiduciary duty and contract claims against corporation, voting trustees, and directors, except for trustees' breach of duty not to discriminate and to provide information, and removal.

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Smith v. Willing, No. 548, 2002, SUPREME COURT OF DELAWARE, March 21, 2003, Decided
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White v. State, No. 630, 2002, SUPREME COURT OF DELAWARE, March 21, 2003, Decided
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Rand Int'l Leisure Prods., Ltd. v. Hyatt, No. 121, 2003, SUPREME COURT OF DELAWARE, March 24, 2003, Decided
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