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   State Courts - Delaware - April 4 - April 9, 2007

  
Abrams v. Sachnoff & Weaver, Ltd., No. 564, 2006, SUPREME COURT OF DELAWARE, April 4, 2007, Decided
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Overview: Appellant's alleged contract to share fees with class counsel was unenforceable under Emerald Partners v. Berlin because he succeeded his wife as the representative plaintiff in a class action suit and because he did not obtain consent of all class members to waive the conflict of interest pursuant to Del. Law. R. Prof. Conduct 1.7(b)(2).

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Dittrick v. Chalfant, C.A. No. 2156-VCL, COURT OF CHANCERY OF DELAWARE, SUSSEX, April 4, 2007, Decided
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Overview: In an action involving an installment land sale contract, the balance of the equities supported the purchasers' request for specific performance. Del. Code Ann. tit. 6, § 2301(a) supplied the agreement's missing interest rate term, and the purchasers had made substantial improvements and performed a sizable portion of the contract.

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Estate of Rae v. Del. Hosp. for the Chronically Ill, Civil Action No. 05C-01-087 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2007, Decided
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Overview: In an action relating to their mother's death, daughters were not entitled to a new trial or an additur because the jury's verdict was adequate based on a balancing of the significance of the mother's death with the reality that the daughters were not economically dependent on the mother.

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Highland Equity Fund, L.P. v. Motient Corp., No. 355, 2006, SUPREME COURT OF DELAWARE, April 4, 2007, Decided
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Teagle v. State, No. 496, 2006, SUPREME COURT OF DELAWARE, April 4, 2007, Decided
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Overview: Denial of defendant's Del. Super. Ct. R. Crim. P. 32(d) motion to withdraw no contest pleas was proper because, although there was a procedural defect in the plea agreement caused by erroneous advice to defendant by defense counsel and trial court as to minimum prison term, the State cured that defect when it dropped a single robbery count.

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IL Kesef of Del., LLC v. Phillips, Civil Action No. 06C-06-033 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 5, 2007, Decided
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Overview: Plaintiff was denied reargument with respect to a prior damage award because the motion was simply a restatement of plaintiff's assertions made during the prior evidentiary hearing; the court had not misapprehended the facts and had not overlooked controlling law or legal precedent or legal arguments made by counsel.

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Medkeff v. State, No. 31, 2007, SUPREME COURT OF DELAWARE, April 5, 2007, Decided
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Deloitte & Touche United States LLP v. Lamela, Civil Action No. 1542-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 6, 2007, Decided
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Overview: Accounting firms proved they had legitimate business interest, § 542.335(b), (c), Fla. Stat., in client: during relevant period, firms received between $ 2,500,000 and $ 8,500,000 per year in revenue; partner billed over 200 hours per year during period, recording 86 hours of unbilled promotional time; and partner was billing partner on account.

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Bailey v. State, No. 7, 2006, SUPREME COURT OF DELAWARE, April 9, 2007, Decided
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Overview: In defendant's first degree murder by abuse or neglect trial, it abused discretion to let a witness read into evidence the Safe Arms for Babies Law, Del. Code Ann. tit. 16, § 907A(b), (c), letting a parent take an unwanted child to a hospital, to show defendant's mens rea because no evidence showed she knew of the Law, but the error was harmless.

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