Delaware, July, 2005, State Case law

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State Courts - Delaware - July 14 - July 15, 2005

Household Bank, F.S.B. v. Daniels, C.A. No. 03L-11-007WLW, SUPERIOR COURT OF DELAWARE, KENT, July 14, 2005, Decided
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Overview: Because a bank did not fulfill its Del. Super. Ct. R. Civ. P. 69(g) duty to make a reasonably diligent effort to ascertain a property owner's correct address, the owner's motion to set aside a sheriff's sale was granted. The bank's efforts were not reasonably calculated to notify the owner of the upcoming sale.

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LaTorre v. State, No. 147, 2005, SUPREME COURT OF DELAWARE, July 14, 2005, Decided
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Overview: Habeas relief was unavailable to appellant where he presented no evidence that trial court lacked jurisdiction to sentence him or that there was irregularity on face of his commitment. Appellant provided no evidence that his plea was coerced or irregular, and his plea bargain also benefited him since several felony charges were dismissed.

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Smith v. First Corr. Med., LLC, C.A. No. 04C-12-028 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 14, 2005, Decided
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Overview: Despite a need for additional evidence, a medical provider's motion to dismiss an administratrix's 42 U.S.C.S. ? 1983 claim against it was denied as sufficient facts were pled to show that the medical provider had a policy or custom of knowingly withholding or providing inadequate health care to inmates based upon financial considerations alone.

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Holland v. Rust-Holland, No. 250, 2005, SUPREME COURT OF DELAWARE, July 15, 2005, Decided
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Pearson v. Thomas, C.A. No. 02C-09-028 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 15, 2005, Decided
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Overview: A corporation's motion for reargument and/or reconsideration was denied as the court was satisfied that the corporation received the requisite notice of the proceedings in compliance with Del. Super. Ct. R. Civ. P. 15.

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