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   State Courts - Delaware - April 27 - April 28, 2009

  
Allen v. State, No. 357, 2008, SUPREME COURT OF DELAWARE, April 27, 2009, Decided
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Ivize of Milwaukee, LLC v. Compex Litig. Support, LLC, C.A. No. 3158-VCL, C.A. No. 3406-VCL, COURT OF CHANCERY OF DELAWARE, April 27, 2009, Decided
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Overview: Chancery court entered judgment for the purchaser of a company on a breach of contract claim against the sellers because the representation by the sellers that the company was being operated in the usual and ordinary course was not true at the time it was made, and thus the sellers breached the asset purchase agreement for the transaction.

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Langford v. Barnholt, No. 221, 2009, SUPREME COURT OF DELAWARE, April 27, 2009, Decided
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Pitts v. City of Wilmington, Civil Action No. 4166-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 27, 2009, Decided
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Alston v. White & Williams, LLP, No. 582, 2008, SUPREME COURT OF DELAWARE, April 28, 2009, Decided
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Dawkins v. State, No. 2, 2009, SUPREME COURT OF DELAWARE, April 28, 2009, Decided
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Howard v. Howard, No. 268, 2008, SUPREME COURT OF DELAWARE, April 28, 2009, Decided
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Overview: A father who failed to move for reargument under Del. Fam. Ct. R. Civ. P. 59 within the 10-day period after a child support order was entered was not entitled to review thereof; he failed to show excusable neglect or that evidence was "newly discovered" for purposes of his request to reopen under Del. Fam. Ct. R. Civ. P. 60(b).

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Olsen v. Olsen, No. 571, 2008, SUPREME COURT OF DELAWARE, April 28, 2009, Decided
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Overview: There was no abuse of discretion in an ancillary divorce proceeding when it was determined that a former husband's testimony about his income and employment was evasive and untruthful, such that alimony to him was properly denied and attorneys' fees were properly awarded to the wife due to his conduct under Del. Code Ann. tit. 13, ¿¿ 1512 and 1515.

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State v. Page, I.D. No. 991016961, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 28, 2009, Decided
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Overview: Del. Super. Ct. R. Crim. P. 61 motion for post-conviction relief was denied because the issues were either procedurally barred or the allegations of ineffective assistance of counsel failed to meet the Strickland standard. The speedy trial violations and the admission of evidence issues were barred as formerly adjudicated under Rule 61(i)(4).

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Wong v. SL Pharma Labs, Inc., C.A. No. 08A-08-013 JAP, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 28, 2009, Decided
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Overview: The Unemployment Insurance Appeal Board's disqualification of an employee from receipt of unemployment benefits was supported by substantial evidence and was free from legal error where the employee left work without good cause under Del. Code Ann. tit. 19, ¿ 3314(1), and he refused to attempt a resolution of a dispute with his supervisor.

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