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   State Courts - Delaware - April 1 - April 3, 2003

  
Bordley v. State, No. 596, 2002, SUPREME COURT OF DELAWARE, April 1, 2003, Decided
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Overview: Defendant's postconviction relief claims that trial and appellate counsel provided ineffective assistance and trial court abused its discretion by denying continuance and confrontation of witness were either procedurally barred or without merit.

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Brudno v. Wise, C.A. No. 19953, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 1, 2003, Decided
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Overview: State derivative action, attempting to hold a company's outside directors responsible for harm to company, was stayed in light of pending federal actions, as state action was seeking relief on substantially same theories as alleged in federal action.

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Ruiz v. State, No. 463, 2002, SUPREME COURT OF DELAWARE, April 1, 2003, Decided
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Overview: There was no abuse of discretion in admission of evidence of uncharged drug activity several days before arrest, as evidence showed defendant's presence where drugs were found, was proof of conspiracy, and was inextricably intertwined with case.

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Alexander v. Cahill, No. 630, 2001, SUPREME COURT OF DELAWARE, April 2, 2003, Decided
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Overview: Procedure of having attorneys meet during trial to reach a compromise on objections was firmly disavowed, as it interjected unnecessary delay, and had the potential of intimidating counsel, chilling proffers, and hindering the goal of a fair trial.

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SLMsoft.com, Inc. v. Cross Country Bank, C.A. No. 00C-09-163-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 2, 2003, Decided
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Overview: Where bank admitted to ongoing validity of item processing agreement with subsequent assignee, following multiple assignments, in violation of a non-assignability clause within the agreement, it was estopped from arguing that agreement was voidable.

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Serpe v. Coventry Health Care, C.A. No. 02A-06-010 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 2, 2003, Decided
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Overview: A successful workers' compensation claimant in Delaware was entitled to an award of attorneys' fees, but not necessarily to awards of separate fees for the different aspects of workers' compensation representation.

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Wayman v. Vaughn, No. 553, 2002, SUPREME COURT OF DELAWARE, April 2, 2003, Decided
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Savor, Inc. v. FMR Corp., C.A. No. 00C-10-249-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 3, 2003, Decided
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Overview: In action alleging misappropriation of trade secrets, trial court decided that it did not have sufficient facts to enable it to apply law to facts before it and that entry of summary judgment without additional discovery would be premature.

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Taylor v. State, No. 228, 2002, SUPREME COURT OF DELAWARE, April 3, 2003, Decided
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Overview: Prosecutor's obligation not to institute charges that were not supported by probable cause was continuing one and extended to pursuit of charges at trial when evidence failed to support probable cause. Motion for acquittal should have been granted.

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