Delaware, March, 2006, State Case law

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State Courts - Delaware - March 31, 2006

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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Shea v. Matassa, C.A. No. 05C-07-224-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2006, Decided
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Overview: Where the state high court expressly refused to extend the liability of a social host for the injuries of other guests that were caused by tortious conduct attributable to the social host's dispensing of alcohol, the host at issue was not liable as a matter of law where, after serving alcohol to her brother, he drove and struck the decedent's car.

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State v. Redding, ID No. 0203014274, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2006, Decided
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Overview: Although the inmate's ineffective assistance of counsel postconviction claim escaped the procedural bar of Del. Super. Ct. R. Crim. P. 61(i)(3) because such claims were reviewable under Del. Super. Ct. R. Crim. P. 61(i)(5), the claim failed. Other than in vague and conclusory terms, the inmate failed to show what counsel should have done.

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State v. Walls, ID # 0008018129, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2006, Decided
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Overview: Defendant's sentence of four years and six months for shaking a foster child in her care was reduced by three months on her fourth motion for reduction. She had been law-abiding and productive before and after her offense, she was truly remorseful and unlikely to reoffend, and the court had expressly retained jurisdiction to modify the sentence.

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West v. Wal-Mart, Inc., C.A. No. 05A-03-022 RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, March 31, 2006, Decided
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Overview: Where record was unclear as to whether employee in workers' compensation case was ordered by her doctor to return to work in April 2003 or March 2004, as employer's doctor listed her as severely disabled in June 2003, remand was necessary to decide this issue and to decide if case law allowing employee to follow advice of her doctor was applicable.

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