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State Courts -
Delaware - March 31, 2006
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McIntosh v. City of Newark, C.A. No. 04A-01-003,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2006, Decided
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Overview: Because a former police officer filed a petition for a writ of certiorari some two and a half years after a decision under the Law Enforcement Officers' Bill of Rights, Del. Code Ann. tit. 11, ?? 9200-9209, terminated his employment for violating seven rules and regulations of the police department, the petition was time barred.
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New Castle Co. v. Council 81 AFASCME, Civil Action No. 1995-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, March 31, 2006, Decided , March 31, 2006, Filed
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Overview: Because a county failed to allege any irreparable harm that would befall it absent a preliminary injunction, and because the county waived the opportunity to rebut the deficiency in its motion for injunctive relief or to supplement that motion, the motion was denied.
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Pekala v. E.I. duPont de Nemours & Co. (In re Pekala), C.A. No. 03C-04-175 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2006, Decided
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Overview: In a retaliatory discharge claim, the former employee's punitive damages count was dismissed since, as required by Del. Code Ann. tit. 19, ? 2365, he failed to articulate any egregious conduct of an intentional or reckless manner with respect to the termination process.
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Sammons v. St. Francis Hosp., Inc., C.A. No. 03C-12-267-RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2006, Decided
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Overview: In a malpractice case against the emergency medical provider, an expert for the administratrix was not qualified under Del. Code Ann. tit. 18, ? 6853(c) to file an affidavit of merit where he began practicing medicine before board certification began, as the expert never practiced in emergency medicine.
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