Delaware, April, 2002, State Case law

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State Courts - Delaware - April 25, 2002

Frank v. McDowell, No. 605, 2001, SUPREME COURT OF DELAWARE, April 25, 2002, Decided
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Gray v. Cytokine Pharmasciences, Inc., C.A. No. 17451, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 25, 2002, Decided
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Overview: In Delaware dissenting shareholder proceeding, court found neither party's going concern valuation expert credible, and adopted contemporaneous valuation prepared by an independent expert.

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Ison v. E.I. Dupont De Nemours & Co., C.A. No. 97C-06-193 CHT, C.A. No. 97C-06-194 CHT, C.A. No. 97C-07-113 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 25, 2002, Decided
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Overview: In personal injury suits brought by children suffering from birth defects, corporate defendant's motion for dismissal was granted based on the two-year statute of limitations; children's injuries manifested and became knowable at birth.

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Laskowski v. Dager, No. 10, 2002, SUPREME COURT OF DELAWARE, April 25, 2002, Decided
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Solar Cells, Inc. v. True N. Partners, LLC, C.A. No. 19477, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 25, 2002, Decided
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Overview: Preliminary injunction to enjoin merger was granted where shareholder corporation, with 50 percent of voting membership units, was not informed until shortly before merger's closing. Technical compliance with law was not unassailable defense.

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State v. Bland, Def. ID #s 0005022479; 0003016619, and 0010021968, SUPERIOR COURT OF DELAWARE, SUSSEX, April 25, 2002, Decided
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Overview: Where defendant previously pleaded guilty to robbery and he indicated that he did not wish to withdraw that plea, such was a valid basis upon which to impose an habitual offender sentence in a subsequent conviction.

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Woodward v. Farm Family Cas. Ins. Co., No. 439, 2001, SUPREME COURT OF DELAWARE, April 25, 2002, Decided
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Overview: Homeowners' suit against their insurer was time-barred because they did not file their suit within the contractual one-year limitations period, and the insurer had no legal duty to inform the homeowners of the limitations period.

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