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   State Courts - Delaware - April 19 - April 23, 2007

  
CEF 2002 Aircraft, L.L.C. v. RC Leasing LLC, Civil Action No. 2567-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, April 19, 2007, Decided
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Overview: Upon evidence that the risk of irreparable harm to plaintiffs had lessened, a preliminary injunction was modified to allow defendants to operate certain leased aircraft; defendants presented evidence that the aircraft was within their operational control and on that evidence, the original grounding order was lifted.

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Johnson v. State, No. 571, 2006, SUPREME COURT OF DELAWARE, April 19, 2007, Decided
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Overview: Because an inmate cited to no authority supporting his claim for a reduction of sentence based on the imposition of an unexplained fine, pursuant to Del. Super. Ct. R. Crim. P. 36, the trial court properly corrected the error in its sentencing order; therefore, the inmate was entitled to no further relief.

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Lovett v. Chenney, C.A. No. 05C-12-006-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 19, 2007, Decided
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Overview: A contractor's motion for reargument under Del. Super. Ct. R. Civ. P. 59(e) from a court's grant of summary judgment was untimely where the issues raised could have been argued in the original summary judgment motion; there was no showing of a misapprehension of fact or law by the court, or of newly discovered evidence.

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PHH Mortg. Servs. Corp. v. Rucker, C.A. No. 06L-02-007 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 19, 2007, Decided
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Overview: Because a borrower did not file an affidavit of merit as required by Del. Code Ann. tit. 10, § 3901(a), the lender's allegations were deemed admitted; therefore, the lender's motion for summary judgment was granted.

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In re Defendant Id No. 0701002735, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, SUSSEX, April 20, 2007, Decided
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Overview: Because defendant's plea colloquy showed that he was not forced or pushed into taking a guilty plea, and because defendant did not establish that counsel was ineffective for failing to file a suppression motion, there was no basis to grant his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief.

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Sprung v. Selbyville Cleaners, C.A. No. 06A-06-004-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, April 23, 2007, Decided
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Overview: Denial of unemployment benefits was reversed in accordance with the authority granted in Del. Super. Ct. R. Civ. P. 107(e) because the employer failed to file an answer brief after the employee appealed the denial to the superior court.

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Town of Cheswold v. Vann, No. 445, 2006, SUPREME COURT OF DELAWARE, April 23, 2007, Decided
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Overview: The evidence was insufficient to overcome the presumption that a town council acted honestly and impartially in deciding to terminate a former police chief and accordingly, a trial court erred in finding that the chief's due process rights were violated due to impartiality; the chief did not seek any recusals prior to the hearing.

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