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State Courts -
Delaware - March 31 - April 18, 2005
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Brown v. AIG Nat'l Ins. Co., C.A. No. 02C-04-101 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2005, Decided
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Overview: Where there was evidence driver had implied permission to drive leased car, that if lessee did not have required insurance, Del. Code Ann. tit. 21, ¿ 6102(a), (c) provided for self-insured car lessor's liability, and that if lessor did not cover accident, injured insured's UM coverage did, summary judgment motions were denied.
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Examen, Inc. v. VantagePoint Venture Partners 1996 , C.A. No. 1142-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 31, 2005, Decided , March 31, 2005, Filed
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Overview: A trial court granted a corporation's motion for judgment on the pleadings and declared that for a stockholder vote on a pending merger, the internal affairs doctrine was controlling; as the corporation was incorporated in Delaware, Delaware law applied and all of the stockholders were to vote as a class.
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Syvy v. Landmark Eng'g, Inc., C.A. No. 02C-02-060 WCC, NON-ARBITRATION CASE TRIAL BY JURY DEMANDED,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2005, Decided
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Overview: Del. Code Ann. tit. 10, ¿ 4001 (2004) applied only to "public officer or employee," and governmental immunity did not extend beyond classification of state employees. Engineering company which contracted with state for design and oversight of a project underlying a personal injury claim did not become a state employee for immunity purposes.
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CAPROC Manager, Inc. v. Policemen's & Firemen's Ret. Sys., Civil Action No. 1059-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 18, 2005, Filed
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Overview: Broadly worded arbitration clause in LLC agreement precluded a court, given the broad freedom of contract provided under Del. Code Ann. tit. 6, ¿ 18-101 et seq., from exercising jurisdiction over majority shareholders' dispute with managing shareholder, even though LLC agreement did not specifically mention manager removal.
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