Delaware, July, 2005, State Case law

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State Courts - Delaware - July 5 - July 6, 2005

Dunlap v. State Farm Fire & Cas. Co., No. 288, 2004, SUPREME COURT OF DELAWARE, July 5, 2005, Decided
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Overview: Trial court properly dismissed with prejudice injured party's bad faith claim because she did not plead that the insurer failed to investigate, process, or pay a claim without reasonable justification, but case had to be remanded to the trial court to allow her the opportunity to plead breach of the implied covenant of good faith and fair dealing.

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Hainey v. State, No. 252, 2004, SUPREME COURT OF DELAWARE, July 5, 2005, Decided
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Overview: Murder conviction was supported by sufficient evidence, inter alia, that defendant took a gun to the victim's house, planning to rob the victim, that a witness heard noises from the house after defendant went in, that defendant admitted to two witnesses that he shot the victim, and that defendant was found in possession of the murder weapon.

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Kaung v. Cole Nat'l Corp., No. 480, 2004, No. 163-N, SUPREME COURT OF DELAWARE, July 5, 2005, Decided
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Overview: Where former officer sued his corporation under Del. Code Ann. tit. 8, ? 145 for advancement of litigation fees he allegedly incurred, corporation was properly awarded its attorneys' fees because the officer filed suit in the hope of obtaining fees that were not reasonably incurred and his representatives engaged in egregious discovery misconduct.

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Martinez v. Gastroenterology Assocs., C.A. No. 04C-06-018 (THG), SUPERIOR COURT OF DELAWARE, SUSSEX, July 5, 2005, Decided
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Overview: Doctor's request for payment of final compensation he alleged was owed under employment agreement was time barred by Wage Payment and Collection Act, Del. Code Ann. tit. 10, ? 8111, since he filed his action well more than a year after he left employment and more than a year after he allegedly made a request for the final compensation payment.

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Pearson v. Thomas, C.A. No. 02C-09-028 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 5, 2005, Decided
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Overview: Motion for summary judgment by a bus driver was denied in a personal injury action arising from an auto accident; testimony by witnesses and the time and place of the accident established a sufficient connection between the bus operated by the driver and the accident.

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Priest v. State, No. 272/273, 2004, Consolidated, SUPREME COURT OF DELAWARE, July 5, 2005, Decided
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Overview: Because defendant was not convicted of the predicate offenses or a lesser-included offense, he could not be convicted of maintaining a vehicle for keeping controlled substances or of possessing a firearm during the commission of a felony under Del. Code Ann. tit. 16, ? 4755(a)(5), Del. Code Ann. tit. 11, ? 1447A(a); he should have been acquitted.

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Weatherspoon v. State, No. 193, 2005, SUPREME COURT OF DELAWARE, July 5, 2005, Decided
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Overview: Because an order denying defendant's motion to compel discovery was not appealable as a collateral order before the entry of a final judgment on a postconviction motion, the state supreme court lacked jurisdiction under Del. Const. art. IV, ? 11(1)(b) to hear the appeal; therefore, pursuant to Del. Sup. Ct. R. 29(b), the appeal was dismissed.

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Hancock v. Citifinancial, Inc., No. 311, 2004, SUPREME COURT OF DELAWARE, July 6, 2005, Decided
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Overview: Trial court erred in entering judgment against debtors on a mortgage; the rights and obligations created by the mortgage in question were extinguished when the debtors later refinanced the mortgage, and the rights and duties of the refinance superseded those created by the first mortgage.

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Nutzz.com v. Vertrue Inc., Civil Action No. 1231-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 6, 2005, Decided , July 6, 2005, Filed
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Overview: A company trying to preliminarily enjoin a partner for misappropriating trade secrets (1) was unlikely to succeed on the merits, as a confidentiality agreement did not cover data consumers gave the partner and the company's retailers had existing relations with the partner, (2) had calculable alleged damages, and (3) had an adequate legal remedy.

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