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   State Courts - Delaware - March 30, 2006

  
Bultron v. State, No. 62, 2005, SUPREME COURT OF DELAWARE, March 30, 2006, Decided
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Overview: A trial court did not err in allowing defendant's counsel to withdraw, in not appointing new counsel for defendant, and in requiring him to proceed pro se, as defendant forfeited his right to counsel under U.S. Const. amend. VI by his serious misconduct towards his attorney, which was abusive and bordered on being violent.

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Flonnory v. Accord Health Serv. at Brandywine , C.A. No. 05A-10-007, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2006, Decided
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Hallmon v. C. Raymond Davis & Sons, Inc., C.A.No. 02C-05-317 MJB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2006, Decided
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Overview: A motion in limine claiming that expert's initial report was not based on valid methodology, was premature; time for taking his deposition was still open. Summary judgment was not in order; genuine issues of material fact were raised by reports of two experts, including the preliminary report, which was valid as it was based on personal knowledge.

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Hallmon v. C. Raymond Davis & Sons, Inc., C.A. No. 02C-05-317 MJB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2006, Decided
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Overview: Since there were sufficient factual disputes regarding under whose control a crane operator was acting when an incident of roof trusses falling took place, and there were disputes regarding the negligence of the operator, summary judgment was not appropriate.

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Sears Logistics Servs. v. Falconi, C.A. No. 05A-09-003, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2006, Decided
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Overview: Board's decision to award workers' compensation benefits to claimant was affirmed as there was substantial evidence to support Board's finding that claimant was not on notice of work-related nature until November 2003. Claim was filed within two-year limitations period and was not time-barred under Del. Code Ann. tit. 19, § 2361(a).

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Thornton v. Meridian Consulting Eng'Rs, C.A. No. 04C-01-001-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, March 30, 2006, Decided
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Overview: An LLC could not prevail on its claim that its contract with plaintiff was based on time and materials to perform the work, as the contract clearly was a fixed price contract, the LLC did not keep reliable time and material records, and it did not prove that the contract was modified or changed from fixed price to time and materials.

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